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Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. It is law prohibiting conduct that disrupts social order or challenge's the authority of the state, and consequently deals with matters of significant public concern. In contrast with civil law, actions are pursued by the state rather than private citizens. Criminal law has been seen as a system of regulating the behavior of individuals and groups in relation to societal norms whereas civil law is aimed primarily at the relationship between private individuals and their rights and obligations under the law.

Criminal law is divided into two fields:

Criminal procedure regulates the process for addressing violations of criminal law Substantive criminal law details the definition of, and punishments for, various crimes.

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The criminal justice process begins with an alleged crime. A complainant makes an accusation, which is investigated by the police, acting as agents of the government. A formal charging document called a complaint or an indictment brought by a grand jury is filed with a court in the appropriate jurisdiction. If the offense is classified as a felony, the Fifth Amendment of the Constitution of the United States requires that a federal case be referred to a grand jury for an indictment. The Supreme Court has held that the right to a grand jury does not apply to the states. Therefore, each state has its own set of grand jury procedures. Some follow rules that mirror the federal system, but others make use of the indictment optional, and allow the prosecutor to file a complaint or information to formally charge the defendant with the crime. Three states (Connecticut, Pennsylvania, and Washington) and the District of Columbia do not use grand jury indictments.

The interests of the state are represented by a prosecuting attorney, while the interests of the defendant are represented by his defense attorney or by the defendant as pro se, acting as his own attorney. The Sixth Amendment of the Constitution of the United States guarantees a criminal defendant the right to a speedy and public trial, in both state and federal courts, by an impartial jury of the State and district wherein the crime was committed, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of Counsel for his defense. This last right of Coursel for all United States citizens was upheld by the 1963 Supreme Court case Gideon v. Cochran.

While the specific process varies according to the local law, the process culminates with a jury trial (as required by the Sixth Amendment), followed by mandatory or discretionary appeals to higher courts.

In most U.S. law schools, the basic course in criminal law is based upon the English common criminal law of 1750 (with some minor American modifications like the clarification of mens rea in the Model Penal Code). In civil cases, the Seventh Amendment guarantees a defendant a right to a jury trial in federal court, but that right does not apply to the states (in contrast with criminal cases).

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