criminal code | Definition

Doc's CJ Glossary by Adam J. McKee
Course: Introduction / Criminal Law

In modern law, a criminal code is a portion of the United States Code or the Code of an individual state that deals with criminal law.

They are often referred to as penal codes.


A criminal code is a set of laws that outlines the rules and regulations for criminal behavior in a specific jurisdiction. In the United States, these can be found in both the United States Code and the individual codes of each state. These codes cover a wide range of criminal offenses, from minor misdemeanors to serious felonies.

It is an important part of the legal system, as it sets out the specific criminal offenses that are recognized by the government and the penalties that can be imposed for those offenses. Criminal codes also establish the procedures for enforcing the law, such as the process for making arrests, conducting trials, and imposing sentences.

One of the key functions of such a code is to provide clarity and consistency in the law. By outlining specific crimes and the penalties associated with them, criminal codes help to ensure that the law is applied fairly and consistently across different jurisdictions. This is especially important in a federal system like the United States, where criminal law can vary from state to state.

Criminal codes can also play an important role in shaping public policy. By criminalizing certain types of behavior, governments can send a message about what is and is not acceptable in society. For example, criminalizing drug possession can be seen as a way to discourage drug use and promote public health and safety.

At the same time, they can also be controversial. Critics argue that criminalizing certain types of behavior can lead to over-criminalization and result in overly harsh penalties for minor offenses. Others argue that criminal codes can be used to target marginalized communities or perpetuate systemic biases in the legal system.

Despite these concerns, such codes remain an essential part of modern law. By outlining specific criminal offenses and the penalties associated with them, criminal codes help to ensure that the law is applied fairly and consistently across different jurisdictions. They also play an important role in shaping public policy and promoting public health and safety.


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Last Modified: 04/05/2023

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