Criminal code

A criminal code (or penal code) is a document which compiles all, or a significant amount of, a particular jurisdiction's criminal law. Typically a criminal code will contain offences which are recognised in the jurisdiction, penalties which might be imposed for these offences and some general provisions (such as definitions and prohibitions on retroactive prosecution).

Criminal codes are relatively common in civil law jurisdictions, which tend to build legal systems around codes and principles which are relatively abstract and apply them on a case by case basis. Conversely they are rare in common law jurisdictions.

The proposed introduction of a criminal code in England and Wales was a significant project of the Law Commission from 1968 to 2008. Due to the strong tradition of precedent in the jurisdiction and consequently the large number of binding judgements and ambiguous 'common law offences', as well as the often inconsistent nature of English law - the creation of a satisfactory code became very difficult. The project was officially abandoned in 2008 although as of 2009 it has been revived.

Crimes Act of 1790

The Crimes Act of 1790 (or the Federal Criminal Code of 1790), formally titled An Act for the Punishment of Certain Crimes Against the United States, defined some of the first federal crimes in the United States and expanded on the criminal procedure provisions of the Judiciary Act of 1789. The Crimes Act was a "comprehensive statute defining an impressive variety of federal crimes."

As an enactment of the First Congress, the Crimes Act is often regarded as a quasi-constitutional text. The punishment of treason, piracy, counterfeiting, as well as crimes committed on the high seas or against the law of nations, followed from relatively explicit constitutional authority. The creation of crimes within areas under exclusive federal jurisdiction followed from the plenary power of Congress over the "Seat of the Government," federal enclaves, and federal territories. The creation of crimes involving the integrity of the judicial process derived from Congress's authority to establish such courts.

Crimes Act of 1825

The Crimes Act of 1825 (also known as the Federal Criminal Code of 1825), formally titled An Act more effectually to provide for the punishment of certain crimes against the United States, and for other purposes, was the first piece of omnibus federal criminal legislation since the Crimes Act of 1790. In general, the 1825 act provided more punishment than the 1790 act. The maximum authorized sentence of imprisonment was increased from 7 to 10 years; the maximum fine from $5,000 to $10,000. But, the punishments of stripes and pillory were not provided for.

Drafted by Justice Joseph Story, and sponsored by Representative Daniel Webster of Massachusetts, the statute defined a series of new federal crimes applicable in areas under exclusive federal jurisdiction—the District of Columbia, federal territories, and federal enclaves—as well as felonies on the high seas and under federal admiralty and maritime jurisdiction.

Background

The Crimes Act of 1825 was "drawn along the same lines" as the Crimes Act of 1790, but "more comprehensive.” Justice Joseph Story was an advocate for expanded federal jurisdiction, and in particular argued that the Judiciary Act of 1789 authorized the federal courts to define and punish common law offenses. Although the common law crimes approach was rejected by the Supreme Court, "[w]hat Story was not able to do as a Justice he remedied through his friendship with Webster, then Chairman of the House Judiciary Committee." Other statutes drafted by Story include the Bankruptcy Act of 1841 and the Admiralty Jurisdiction Act of 1845.