(a)

In the regulation of America criminal law, and other laws as divided into two system of federal and state, in the state's legislative basis. The legislative authority of federal constitution to enumerate through the form of provisions. For example: on the United States Securities and counterfeit currency crimes and punishment rules; about pirates in a public nuisance felonies and violation of international law punishment for the crime of treason punishment rules; rules; by attainder bill; by law or damage the retroactivity of contract law etc.. While the rest of the criminal legislation, each state to exercise.

Based on the constitution of the Federal Parliament legislative authority issued a lot of criminal law. This inevitably to the law brings a lot of difficulties. Therefore.1948Years, America alphabetically criminal federal law is carried out, as the "legal" (USAUnited States CodeThe article)18Article. However, this can only solve the problem of applicable federal law. According to the USA constitution, criminal liability shall be pursued in power mainly by the States and the Federal Reserve, only to prohibit and punish some particularly the federal interest in abnormal crimes, such as the unique property of federal jurisdiction(As a military base)Crime, some federal officials crime, and behavior involves state, resulting in a single state to prosecute crimes(Such as drugs and organized crime). The vast majority of crime and all nature"The street"Crime--Such as homicide, rape, robbery, assault(assault), theft--In fifty, the criminal code or Columbia SAR penal code processing. This result is America 50 state laws in the concepts, terminology, a lot of sentencing, there is a very big difference. In addition, America early legislation on the basic principle of few provisions of the criminal law, definition, about crime psychology, constitution of crime, subject of crime, attempted crime, common crime, there is not a unified understanding of many aspects of responsibility age. American such a tradition, the various state laws that could coordinate mutually consistent with each other, the legal authorities of each area of law"Restatement". The restatement of the law ""(Restatement of Law)Are often convinced judge and legislative authority and court interpreting and applying the law with. However, in the hands of the criminal law"Restatement"When working, legal authorities found the legal too chaotic and unreasonable, not worth it"Restatement". A coordinate difference between the various states to generate uniform code.

1951Years, making "Model Penal Code" project officially started to implement. However, when USA most penal code also remain in the relatively primitive state. At that time, the so-called USA penal code is not the true sense of the code, and the special law for a period of more like public concerns about crime or crime and the development of the assembly. As the previous code"Reform"-- Include1948The reform of federal criminal code years-- The biggest contribution is to charge in alphabetical order. The drafting of a "code" exemplary punishment is undoubtedly a great and arduous cause.

This task fell to the USA law (American Law InstituteThe shoulder). Non governmental organization composed of America several highly respected judges, lawyers and law professors America law. In fact, to make a reference for drafting the new criminal code states of the Model Penal Code "". Early in the1931Years, began. But Born Under A Bad Sign, just caught the American economic depression, followed by the second world war. The penal code specified once interrupted.1951Years in the Rockefeller Foundation (Rockefeller FoundationUnder the support of the restart). But States criminal law the difference is too large, can not be re layout, and, the existing law is not perfect and the consideration not and not worth re arrangement, need is a criminal law model. After9Years after,1962Years of law society through a formal draft, later, including the draft initial interpretation is unified to modify,1985Last year a six volume, and1962Code text years together and published.

"Model Penal Code" formulated by Stone Levine, full of utilitarianism and pragmatism of Field effect. Edward·Livingstone(Edward Livingston) Once in1826Years to complete a federal criminal code, the "penal code" both in the scope of essence, both embodies Bentham's utilitarianism. "Penal code" is divided into four separate code, from the "crime and penalty provisions of law" criminal law "definition, the procedure code" and "code of evidence" for these specifications, and finally to "reform and prison discipline code" actual execution of punishment, to include all the areas of the criminal law. In order to make the criminal law reasonable, he will each aspects of criminal law and the corresponding code, as well as a system, according to Bentham from Beccaria's masterpiece "on crime and punishment""The greatest happiness of the greatest number" The utilitarian principle derived to design.

Field is a New York lawyer, he compiled code is more consideration from the angle of occupation, especially based on the occupation of lawyers. Because the common law lawyers often have to face a multitude of opinions and feel tedious, so, design code is the law relief, simplification of legal practice. Efficiency and utility has been deeply reflected in the field of law.1865Years, the "field" was submitted to the criminal code of New York(State)The legislature, and in1881Years passed. The code in the1967By the new "criminal law of New York"(New York Penal Law)Instead, has been effective.

1962Years, after many years of efforts, "Model Penal Code" was born. In essence, "Model Penal Code" is not only a part of the penal code, which spans the substantive criminal law, covers about the execution of law. This is the code to name himself as "criminal law" and the correct code(Penal and Correctional CodeAbbreviation"P．C．C．")The reason why. The criminal code by the general principles, the definition of crime, criminal law and correction, correction four part organ. And attach the equivalent of the commentary in the print. Its content is very detailed, the criminal law revised federal and state provides a template. From the beginning of the criminal code, the criminal law America went on the right track.An overview of the criminal law USA (two)

America criminal theory mainly has the following characteristics:

 (A)On the basis of legislation. The constitution plays a fundamental role. In addition to the above mentioned enumerated in the constitution of the federal legislative power is exercised outside. The Constitution also clearly stipulates the"High treason"The constitution, the special subject"The impeachment proceedings". In addition, a lot of the criminal precedent is created based on the full understanding of the constitution. The spirit of the Constitution and the constitution authority is an important theoretical foundation America criminal legislation.

 (Two)On the value orientation, preferred the pursuit of individual freedom, this point in the criminal constitution limits, code, the crime is the full performance of the provisions of criminal procedure theory and evidence rule, the right to silence and plea bargaining system.

      1.The Constitution limits, fifth amendment:"No matter who, unless according to a grand jury report or prosecution, shall not be sentenced to death or other honor crimes trialLitNo one may harm for the same offense and the two jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself; without due process of law, nor be deprived of life, liberty or property...". The amendment to protect the defendant not to trap people for the same crime"The double predicament"(double jeopardy), and are not required in the criminal case to be a witness against himself. Most importantly, it also protects the defendant"Due process"(due process)Right."Due process"Rights are extremely important in the "bill of rights", especially in the20Century, it is interpreted by the courts to protect should entitle the accused the extensive and rights. Sixth amendment:"In all criminal prosecutions, the accused shall enjoy the following rights: the crime of impartial jury of the state and district to a speedy and public trial,LitTo have the assistance of counsel for the defence."The amendment guarantees the defendant has the right to a jury trial, the defendant has the right to receive timely, public trial. It also gives the defendant and the plaintiff and witnesses"The assistance of counsel for his defense"Right

      2.Code set, this code will"The person committing a crime" Arranged in the first place, is that in the value idea American criminal law, personal crime is most has the social harmfulness of the crime, is the need to pass laws to punish the crime. In this concept, is not difficult to find the pursuit of"Personal freedom" The value orientation, in America this social, personal freedom of course prior to the social order

      3.The theory of constitution of crime, crime constitution American double mode includes two levels: one is the basic elements of crime, including criminal acts and criminal mentality. Two is the liability adequacy requirements, contents are minor, error, psychosis, drunkenness, forced to act, police entrapment, euthanasia, emergency and so on justifiable defense."Basic elements of crime, is a variety of specific crimes of abstract form, behavior, reflecting the will of the state and power, play a normative behavior and protect the public interests of the penalty function. Liability adequacy condition, is a defense in civil procedure summary, reflect the national rights of self constraint mechanism and safeguard the rights of citizens to penalty function."Professor Chu Huaizhi think crime is foundation of double mode"Rights and power conservation"Phenomenon, namely, state power and civil rights in essence are for the benefit of society, in a certain time and space conditions of social total interest is constant. From the analysis of the form, the crime of double mode, the first level with conviction process from crime to crime mentality gradually shrink the way, reflect the will of the state, by the prosecution exercises for crime, make the criminal law to maintain social order function. The second level to give the defendant legal justification, reflects the civil rights, criminal law and exert the function of human rights protection. The state power and civil rights strength against fairly, balance the national and social interests and personal interests. Provisions of the defendant's legal defense right in the criminal entity law, is a unique landscape USA criminal law. So, in the criminal justice we can feel the USA criminal law on the rights of the individual attention.

(three) the definition and classification of crime. In the definition of crime and classification, American relatively vague, making a general analysis, the lack of abstract and comprehensive induction. Common classification there are so few: common law crime and law crime; natural crime and statutory crime; crime and crime of occupation index; crime and moral crimes against public order and good custom. In this one generally accepted is divided according to the degree of harm of the crime: misdemeanor most. Felony murder arson, refers to, rape, robbery, theft, illegal occupation of property crimes. Misdemeanor is fined and imprisoned a year about crime. This classification has great significance in practice:

      (1Many states USA) in accordance with the law, where in the implementation or to cause intentional or unintentional death was murder in the process of the implementation of crime, which is called"A felony--Murder"In the process of implementing the misdemeanor crime; in incidental death was not murder. According to the "Regulations" Model Penal Code, assumeARapeB, ifBAndAWas accidentally killed during the scuffle, theAIn addition to set the crime of rape, should also be a felony--The crime of murder. But in the implementation process of illegal behavior in the non intentional homicide is a misdemeanor--Non murder.

      (2For not proven)"Mentality"Identification of. In general America laws on"Criminal psychology"This element must be confirmed in felony and misdemeanor in, not in. When not confirmed generally not treated or in accordance with the misdemeanor processing. "USA Model Penal Code" about"Culpable mental state"There are generally four kinds, namely objective, knowing, reckless and negligent. The robbery or theft crime shall have through their actions or other ways to prove its robbery or theft of psychological. Otherwise exempted from criminal responsibility on the lack of psychological condition. But for the misdemeanor is different, the strict liability in criminal law allows some lack of criminal psychological behavior still be investigated for criminal responsibility, namely the liability without fault. Strict liability is generally limited to the scope of the misdemeanor.

      (3) is of significance to determine the criminal responsibility of the attempted crime. In general, the implementation of a felony offense negative equivalent or mitigating the negative responsibility; to reduce or exempt the responsibility for the implementation of the misdemeanor attempt.

      (4Determination of joint crime cases) to distinguish the slave made: if is the common crimes, distinguish between the principal and accessory. If is the common misdemeanor, not distinguish between the main and accessory, the principal shall be punished.

      (5To determine whether criminal punishment) once more meaningful. Such as the habitual offender laws regulations. Only the criminal punishment committed is a felony to another: and the misdemeanor offenses are not, but again a misdemeanor, can be severely punished. Therefore, whether the punishment to felony offense as the prerequisite conditions.

      (6Justifiable defense limits). Different to a felony and misdemeanor penalties. If a violation of the violence is lethal violence. That can cause death or serious injury of violence, then defense violence can also be fatal. If a violation of the violence is non lethal, so defensive violence should be non lethal. Seen from the two line of defense, on the risk of violence against minor violence to limit the smaller defense policy. Kill may be injured offender is permitted, but seriously may cause minor injuries of the offender is not allowed, which embodies the spirit of strict punishment for serious crime.

      (7Yes"Private settlement"Whether the act shall bear criminal responsibility sense. Generally speaking, should be a private settlement of criminal. While the misdemeanor is not.

      (8) have significance to determine the limitation of prosecution. The serious crime, the period long. The penalty of crime, the prosecution of short duration.

      (four) the purpose of penalty, there are many views, mainly:Karmic retribution, in violation of the law and morality should be legal and moral sanctions; special prevention theory, the aim of penalty in criminal and control himself, rather than prevent others to commit a crime; restriction of freedom, prison offenders to isolate with the society, the purpose is to prevent the society harm.

      (five) the crime constitution theory, model includes two layers USA crime in the criminal law: one is the basic elements of crime, including criminal acts and criminal mentality. Two is the liability adequacy requirements, contents are minor, error, psychosis, drunkenness, forced to act, police entrapment, euthanasia, emergency and so on justifiable defense."Basic elements of crime, is a variety of specific crimes of abstract form, behavior, reflecting the will of the state and power, play a normative behavior and protect the public interests of the penalty function. Liability adequacy condition, is a defense in civil procedure summary, reflect the national rights of self constraint mechanism and safeguard the rights of citizens to penalty function."From the analysis of the form, the crime of double mode, the first level with conviction process from crime to crime mentality gradually shrink the way, reflect the will of the state, by the prosecution exercises for crime, make the criminal law to maintain social order function. The second level to give the defendant legal justification, reflects the civil rights, criminal law and exert the function of human rights protection. The state power and civil rights strength against fairly, balance the national and social interests and personal interests. Provisions of the defendant's legal defense right in the criminal entity law, is a unique landscape USA criminal law. So, in the criminal justice we can feel the USA criminal law on the rights of the individual attention.

      (six) the reform of the criminal legal system. The reform of the criminal law system America is mainly reflected in two aspects:1, the abolition of racial discrimination, America criminal law about racial persecution law basically have been abolished. But unfortunately, due to"ThreeKThe party"The existence of such terrorist groups, the black persecution not radical.2The reform, the abolition of the death penalty against torture,1967Years America federal court to abolish the death penalty,1977Years as a crime and the restoration of the death penalty, in this iterative process, the implementation method of the death penalty has been greatly improved, in addition to the development of the electric chair shot, hanged, poison, gassed to death, execution method injection executing wait for death row.