An Introduction to Maryland’s Criminal Law
Maryland criminal law is a component of the larger system of laws enforced under the state of Maryland. At its foundation, criminal law in the state is composed of all statutes and rules that define offenses under the law, punish those who commit them, and regulate criminal court proceedings. Criminal law in Maryland must comply with the state and federal constitutions, and it is codified in the Criminal Law Article of the Annotated Code of Maryland. The Maryland Criminal Code consists of thirty main chapters that subdivide criminal offenses based on the degree of seriousness, from felonies to misdemeanors and ordinances . Offenses that are particularly severe, such as murder, attempted murder and arson, fall into the category of felonies. Misdemeanors are less severe offenses, but they still carry harsh consequences, such as potentially facing imprisonment for years. Misdemeanors are further divided into misdemeanor crimes, citation offenses and municipal infractions. Finally, ordinance violations are offenses that can only occur within a particular jurisdiction, like a municipality or a county.
Key Characteristics of the Maryland Criminal Laws Digest
The Maryland Digest of Criminal Laws is a vital legal document that plays a critical role in the state’s criminal justice system. It is a collection of all current criminal laws and court rulings that apply to the state of Maryland. The Digest contains both statutory law and case law, making it an indispensable resource for judges, attorneys, and law students. The Digest is updated regularly to reflect the latest changes in criminal law. New laws passed by the Maryland General Assembly are incorporated into the Digest, along with new court rulings that provide clarification and interpretation of existing laws. This ensures that the Digest is always current and accurate and allows the Digest to serve as a reliable reference guide for legal professionals. One of the unique features of the Maryland Digest of Criminal Laws is its organization. The Digest is arranged in a hierarchical structure, with the state Constitution and statutes at the top, followed by court decisions, administrative regulations, and other legal texts. This structure allows legal professionals to quickly and easily locate relevant laws and rulings. In addition to its role as a vital reference guide, the Maryland Digest of Criminal Laws also serves as a valuable tool for the public. The Digest contains detailed descriptions of all criminal offenses and their penalties, making it easy to understand the state’s criminal laws. It also includes information on the rights of the accused and the procedures that govern criminal trials. This information is essential for anyone facing criminal charges in Maryland, as it can help them better understand their situation and their legal options. In summary, the Maryland Digest of Criminal Laws is an invaluable resource for legal professionals and the public. Its comprehensive coverage, clear organization, and regular updates make it an essential tool for anyone looking to navigate the state’s criminal justice system.
The Main Types of Crimes Stipulated in Maryland Law
The Maryland Digest of Criminal Laws categorizes offenses according to their nature and severity. Broadly speaking, the categories of criminal offenses are felonies, misdemeanors, and infractions.
Felony crimes, which range from the most serious (such as first-degree murder) to the relatively less serious (such as certain property crimes), are generally punishable by a state prison term of one year or more. A simple assault that does not cause serious physical injury is usually a misdemeanor; that is, punishable by a local jail term of no more than one year.
A misdemeanor may be a "high and aggravated" misdemeanor, for which you can receive the maximum one-year jail term, a fine, or both. A "theft misdemeanor" (involving the theft of up to $500 worth of property) is also punishable by a one-year jail term.
Any other misdemeanor is usually a "petty misdemeanor," punishable by a fine or other form of minor punishment. Simple assault that causes no more than minor physical harm, "disorderly conduct," trespassing, and malicious destruction of property, are some of the most common "petty misdemeanors."
Lastly in the criminal offense hierarchy are infractions. Infractions, for which the penalty is a small fine or penalty only, involve only regulatory offenses (such as traffic violations).
Certain serious crimes cover more than one offense and are broken down here for convenience. The following offenses, listed in the Maryland Digest of Criminal Laws but omitted from this site, constitute violations:
Maryland law establishes separate tiers of penalties for first and repeat offenders.
Recent Changes and Revisions
Over the years, there have been a number of updates to the Maryland Digest of Criminal Laws, some of which have made the book even more accurate and relevant than ever. For example, following the U.S. Supreme Court’s ruling in Padilla v. Kentucky, which found that individuals pleading guilty to criminal charges are entitled to be informed of the potential immigration consequences, the publication revised its text to include this critical information in its explanations of several of its statutes. In addition to the above-mentioned change, the Maryland Digest of Criminal Laws is also updated and republished each year. This is an important update, as many laws can change from year to year – and even from session to session. In April of this year, Governor Wes Moore signed a bill into law that included a number of new laws pertaining to topics as varied as advertising , insurance, and transportation. As such, it will be important to keep up with these changes for individuals who live in or may travel to Maryland. When it comes to changes to the Maryland Digest of Criminal Laws, it is worth noting the text was also changed to remove certain undesirable language, including terms such as "idiots," "morons," and "insane persons." Described now as "persons under disability but not deemed incompetent to stand trial for the offense," it is a good example of how updating language creates a better user experience for readers of the publication, making it more relevant to readers of all backgrounds. Whether you need the Maryland Digest of Criminal Laws for personal reasons, business reasons, or otherwise, it is a useful resource that can help you to become more informed about the latest changes in the law.
Utilizing the Maryland Criminal Laws Digest for Legal Research
Using The Maryland Digest For Your Legal Research
When using any legal encyclopedias for legal research, it’s important to understand how they are organized.
The Maryland Digest of Criminal Laws is arranged alphabetically by the citation given to the law being discussed (i.e., Assault, Burglary, Child Abuse, etc.) and then by an appendix at the end of each section, which included cases that "have discussed" the subject the section is about.
For example, under Arson, you’ll find a section on "Armed Substance." If you then were to turn to the appendix in that section, you would only find cases that deal with that specific subject. Not all cases on arson would be in the appendix, only cases covering the specific detail of arson through the use of an armed substance. When new cases get published, they can be added to the appendix in an update to the Digest.
If you were looking for all cases pertaining to arson, you would look in the list of second citations in the back. These are listed in alphabetical order, but the cases are not they are not listed in the same order they appear in Digest. So, you’d have to search for your case to find it and note its place in the order of the cases.
Using the website search, you can also just type in a search term, like "Arson," and you’ll get search results that include the Digest and any other areas of the law that relate to that legal term.
There are options throughout the Digest to allow you to search cases throughout it using those options. In this way, you can more easily find cases that pertain to the legal issue you’re searching for.
Typical Legal Issues and How they are Dealt with in Maryland
The Maryland criminal legal system, like any robust body of law, is not without its challenges and limitations. The digest facilitates the understanding of these common challenges through its carefully curated collection of statutes, rules, and case law. Among the most common issues faced in the Maryland criminal justice system are questions of jurisdiction, the sufficiency of evidence, and constitutional rights of the accused.
The Digest, through its procedural and substantial law codification, seeks to answer and resolve some of these questions. For example, the issue of jurisdiction is essential before any type of criminal offense can be evaluated, researched, or tried in a Maryland court; therefore, the Digest answers this question right away, simplifying the research or trial preparation process and ensuring that courts only assume jurisdiction when warranted and proper (See Criminal Procedure Article, Section 1-101 – Rules for Construction and Application) . Regarding the sufficiency of the evidence, readers will note several places in the Digest where an evidentiary or discovery matter is clearly stated as part of the legal analysis and strategically placed to appear at the proper point in the progression of a trial; although many evidentiary and discovery issues are left to the Maryland Rules rather than the Digest, such questions can be addressed as they arise, and with their place in the procedural progression made apparent and easy to find and understand.
Constitutional rights of the accused are another noteworthy area of the Digest, and the breadth of such rights in Maryland is made clear with careful attention to both statutory, rule-based, and case law citation. By cross-referencing these areas together, Maryland lawyers can readily advise clients on what their rights are and how the state or federal constitution provides protections.