Northern Virginia Criminal Justice Academy (NVCJA) Practice Exam

What is the key feature of a criminal offense?

1. It is prosecuted by a private attorney

2. It involves a lawsuit between individuals

3. It is charged by the government against an offender

4. It always results in incarceration

The correct answer is: It is charged by the government against an offender

The key feature of a criminal offense is that it is charged by the government against an offender. This is intrinsic to the nature of criminal law, as it differs fundamentally from civil law, where disputes typically occur between individuals or entities. In a criminal case, the government, representing society as a whole, takes action against an individual accused of violating laws designed to protect public safety and welfare. This aspect ensures that criminal cases have significant implications, including the possibility of incarceration, fines, or community service, making it the government's responsibility to pursue justice on behalf of the public. In contrast, private attorneys or lawsuits between individuals pertain to civil matters, and not every criminal case necessarily results in incarceration, as penalties can vary based on the offense. Thus, the government's role in prosecuting criminal offenses is a defining characteristic of the criminal justice system.