Criminal law is a dynamic area of practice in 2025, with updates to federal sentencing guidelines and several prominent Supreme Court cases on the docket for the end of the year.
In addition to these specific events, there are changes in how elected officials are approaching criminal issues. Defense attorneys and prosecutors alike are navigating public policy shifts that reflect shifting ideas about the purpose of the justice system.
As a criminal lawyer, it’s essential to stay up to speed on mandates coming from state legislatures as well as revisions to federal guidelines, so you’re best able to represent your client.
The History of Criminal Justice in the USA
The origins of the American justice system go back to the country’s colonial roots. Over time, a fragmented system developed a sophisticated framework of laws and the means to enforce them. Starting at the turn of the 20th Century, it began to evolve and encompass the primary elements in place today.
The three pillars of present-day criminal justice are law enforcement, the judiciary, and corrections. These interconnected parts have specific but related functions: investigating and arresting those suspected of crimes (law enforcement), a formal process to determine innocence or guilt (judiciary), and a system to punish or rehabilitate offenders (corrections).
Public Policy Shifts and Criminal Justice
How these three pillars intersect depends on policy shifts across governments. Policy changes are a response to different social norms and community pressure and can begin to reflect different objectives for the criminal justice system.
A system might take a “tough on crime” approach where punishments are designed to make an example out of offenders and keep those labeled as “criminals” out of society. Alternatively, there might be a greater focus on rehabilitation and tackling the root causes of crime.
These changes in public policy often have tangible effects on individuals involved with the justice system. For example, a movement towards rehabilitation instead of leniency might involve options for diversion away from incarceration and towards treatment programs at the sentencing stage. When legislative changes back these movements, the judiciary might have some obligation to put those policy changes into practice.
According to some analysts, the focus of criminal justice was rehabilitation before the 1970s. In the following decades, there was a shift to retribution and crime control. It was no longer the aim of the system to help people move away from a life of crime and improve their contributions to society; instead, it was to punish them for criminal acts. The theory behind a “punishment” approach was that crime would decrease because of the severity of the potential consequences in the corrections system.
For criminal law attorneys, understanding and responding to the current culture of criminal justice is fundamental to providing clients with the best defense. It’s also vital, so one can decide when to prosecute on behalf of the state or federal governments.
Matters of State and Federal Law
There are niche areas in U.S. criminal law. Most notably, some attorneys might focus on “white collar” crimes such as fraud or money laundering. Others might deal with non-white collar criminal matters, like assault, theft, or break-and-enter. This latter group makes up the majority of crimes, and most are subject to state legal regimes.
Some matters are the purview of federal criminal law. This means violations are subject to federal, and not state, prosecution. Federal crimes include such areas as narcotics, fraud, and immigration offenses.
There are separate federal and state court systems that handle these different types of cases. The U.S. Supreme Court hears cases that involve the U.S. Constitution, which frequently arise from criminal law cases in lower courts.
The State of Criminal Justice in 2025
Current federal politics and the aftermath of earlier state policies are shaping many aspects of criminal law in 2025. Attorneys might discover they are facing judges who have limited capacity to move away from established sentencing guidelines. They should keep an eye on the Supreme Court, as pending decisions can bring nuance to future Constitutional issues.
There continues to be debate in the criminal justice arena over the state of crime in some areas of the U.S. and what should be the public policy response.
- In November 2025, the federal sentencing guidelines will be updated, reducing the previous flexibility afforded to judges. The new standards will eliminate departures, which were allowances for judges to deviate from sentencing guidelines in certain circumstances.
- The Supreme Court is hearing many cases that will impact criminal law in the U.S., including cases that explore niche aspects of the Fourth and Sixth Amendments.
- The political environment in 2025 has led to a new dominant policy theory in the circle of presidential advisors. Specifically, “unitary executive theory” asserts that the president has complete authority over any executive function of the government. In practice, this might mean the president has the power to guide and initiate federal prosecutions. Some argue this goes against a long-standing practice of keeping politics and federal law enforcement separate.
Besides both formal and informal changes in federal law enforcement, there is new reporting about how past policy changes might have impacted social justice. In California, initiatives to change sentencing guidelines to reduce prison populations while keeping communities safe have, by some accounts, been largely effective. Some data on crime trends in the first half of 2025 show declining rates of many offenses in major U.S. cities, but it does not cover all U.S. jurisdictions. Crimes are also not always reported to law enforcement.
The Work of Criminal Lawyers
Typically, criminal lawyers work as prosecutors or defense attorneys. They act on behalf of people accused of breaking the law, or work for the state to bring those who’ve committed crimes to justice. Attorneys have an essential role at each stage of a case, from piecing together a picture of the event in question to crafting an argument to convince a judge or jury of the truth of their side. Specifically, criminal lawyers:
- Gather physical and digital evidence relevant to the case.
- Interview and depose witnesses and subject matter professionals.
- Prepare legal briefs and legal research.
- Negotiate plea bargains with the other side.
- Appear at trial and in camera proceedings.
- File appeals and appear before appeal courts and tribunals.
Defense attorneys provide representation at all stages of a client’s interactions with the criminal justice system. They can help arrange bail and release while a client awaits trial. While a trial is ongoing, it is the role of the criminal law attorney to develop a cohesive case to a legal standard that demonstrates the accused’s guilt or innocence. In the process, the lawyer must effectively introduce evidence, question and cross-examine witnesses, and summarize their case in a way that sways the decision-makers onto their side.
Criminal law attorneys on both sides are officers of the court while also representing their clients. This means they hold an ethical duty to act vigorously on behalf of clients, but also within the bounds of the law. They are required to be transparent with the court within certain professional guidelines. As officers of the court, they must also act with courtesy and respect to their colleagues on the other side of a case.
Besides representing clients in active criminal cases, some criminal attorneys advise clients on how to avoid activities that might run afoul of the law. One example is business owners or individuals who might want to ensure their financial practices do not unintentionally contravene any federal financial laws. They might recommend a client to speak with an accountant or financial advisor to implement appropriate practices.
Criminal attorneys can represent people engaged in civil action, such as protests, to advise them on how to do so peacefully without risking arrest. They might also represent clients who face sanctions because of their community actions.
How Lawyers can Prepare
There are some apparent contradictory trends in criminal justice in 2025. The federal government is showing signs of a “tough on crime” approach, with such initiatives as less leeway for judges in federal sentencing. Meanwhile, at the state level, there’s some evidence that strategies to reduce prison populations and maintain community safety might be working.
Specifically, lawyers should:
- Stay up-to-date on legislative changes to sentencing guidelines.
- Subscribe to updates from state governments and local representatives.
- Join local criminal law bar sections.
- Engage with colleagues in criminal practice.
- Learn about emerging technologies that are often used in criminal activities such as cybercrime.
- Register for continuing education seminars and courses on the latest trends in criminal law.
Lawyers should also increase their knowledge and understanding of emerging technologies such as artificial intelligence (AI). AI has numerous implications for criminal justice. With “deep fake” video content and instances of generative AI making up case law citations, lawyers have to develop a critical eye to know what’s real and what’s not. Attending webinars arranged by local bar associations or qualified nonprofits can help lawyers do so.
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