06/03/2026
The Justice Brief with Spenklin Kamara
Issue #16: Who Is a Criminal?
In everyday talk, people answer this question very quickly.
“A criminal is someone who breaks the law.”
It sounds simple. But once you step into the world of criminal justice, you realize the answer is deeper than that.
In law, nobody wakes up a criminal.
A person becomes a criminal only after the law has spoken and a competent court has examined the evidence and declared guilt. Until that moment, the person is simply a suspect or an accused person.
This distinction matters more than many people realize.
In our communities, the moment someone is arrested, the judgment has already been passed in the street. The whispers start. The labels begin. The person is already called a rogue, thief, or criminal long before a judge ever hears the case.
But justice does not work that way.
The foundation of criminal law is the principle that every person is innocent until proven guilty. The burden is on the state to prove the accusation, not on the accused to prove innocence.
For a crime to exist in law, three basic elements must come together.
First, there must be a law that clearly prohibits the act. If the law does not forbid it, then legally it is not a crime.
Second, there must be a guilty act; what lawyers call actus reus. In simple terms, someone must actually commit the prohibited conduct.
Third, there must be a guilty mind, known as mens rea. The law usually requires intention, knowledge, recklessness, or negligence before criminal responsibility can be established.
When these elements are proven beyond reasonable doubt in court, only then does the law attach the label: criminal.
But criminal justice also forces us to confront an uncomfortable reality.
The word “criminal” is often used unevenly in society.
The young man who steals a phone is quickly branded a criminal. His name spreads through the neighborhood. But the official who quietly diverts public money meant for hospitals, schools, or roads may still walk with respect and a government title.
Yet the damage from corruption often destroys far more lives than the theft of a phone.
The law, if it is truly just, must treat both acts as crimes.
This is why a serious justice system must never allow public anger, rumor, or power to decide who deserves the label criminal. Only the law, tested through due process, has that authority.
A criminal, in the strict legal sense, is a person who has been proven guilty in a court of law for violating the criminal law of the state.
Nothing more.
Anything outside that process is speculation, not justice.
A society that forgets this principle risks replacing justice with mob judgment.
And when that happens, nobody is truly safe.
Spenklin Kamara
The Justice Brief