Also known as: penal laws · criminal law
Written by attorneys · grounded in primary & secondary sources — see below
The body of statutes and common-law rules that define criminal offenses and prescribe the punishments imposed for their violation.
Piper Patel, a state investigator, receives transcripts from a federal grand jury investigating a multi-state fraud scheme. The federal prosecutor determines that Patel's assistance is necessary to trace assets hidden across state lines. Patel uses the information solely to support the federal attorney's enforcement duties and reports her receipt of the materials to the impaneling court.
Portia Price, an officer of Prism Analytics but not a director, knowingly approves inflated vendor contracts that divert corporate funds to her own undisclosed entity. After the corporation obtains a judgment against her for breach of duty, Price seeks indemnification under the bylaws. The board denies the request because her conduct constitutes an intentional violation of penal law.
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Perry Pratt is charged with arson after a warehouse fire destroys valuable inventory. The prosecution presents circumstantial evidence linking Pratt to the scene but leaves open the possibility that an unknown third party started the blaze. The court instructs the jury that it must acquit unless the evidence establishes every element of the offense to a moral certainty.
Paula Pierce publishes an article accusing a public official of bribery. The official brings both a civil defamation suit and a parallel criminal libel prosecution under state penal law. In the criminal case the prosecution must satisfy the ordinary safeguards of indictment and proof beyond a reasonable doubt before any conviction can stand.
Pedro Pacheco is prosecuted in federal court for possessing a firearm near a school under a statute that regulates all such possessions. The defense moves to dismiss, arguing that the statute exceeds Congress's authority because the conduct has no substantial effect on interstate commerce. The court examines whether the charged offense falls within a recognized federal penal law power.
Patricia Patel is convicted of a weapons offense. The sentencing judge finds, by a preponderance of the evidence, that the offense was committed with racial animus and imposes an enhanced term. Patel objects that the enhancement factor must be submitted to the jury and proved beyond a reasonable doubt under penal law requirements.
Under the Model Business Corporation Act, a corporation may not indemnify an officer for liability arising from an intentional violation of penal law. The prohibition applies even when the officer is not a director and even when the bylaws purport to grant broader protection. The rule ensures that officers who knowingly commit crimes cannot shift the financial consequences to the corporation.
Every element of a criminal offense must be proved beyond a reasonable doubt. This requirement protects against erroneous convictions that could result in loss of liberty or property. The standard is constitutionally mandated and applies regardless of whether the case is tried before a judge or jury.
Corporate statutes expressly exclude intentional violations of penal law from the categories of conduct for which indemnification or advancement of expenses may be provided. This limitation prevents corporations from shielding officers who engage in criminal conduct. The exclusion applies even when the corporation's governing documents attempt to authorize broader protection.
…Practices in the United States, in Abortion and the Law 37, 38-40 (D. Smith ed. 1967); G. Williams, The Sanctity of Life and the Criminal Law 148 (1957) (hereinafter Williams); J. Noonan, An Almost Absolute Value in History, in The Morality of Abortion 1, 3-7 (J. Noonan ed. 1970) (hereinafter Noonan); Quay, Justifiable…