Upload
seamus
View
53
Download
1
Embed Size (px)
DESCRIPTION
Defining and Measuring Crime. Standard 3. Civil Vs Criminal Law. Civil vs Criminal Law. Civil Law. Criminal Law. Disputes between private parties (usually involves money). Offense against society. Civil Law. Plaintiff (person who suffered harm) vs. Defendant (person who caused harm) - PowerPoint PPT Presentation
Citation preview
Defining and Measuring Crime
Standard 3
Civil Vs Criminal Law
Civil vs Criminal Law
Civil Law Criminal Law Disputes between
private parties (usually involves money)
Offense against society
Civil Law Plaintiff (person
who suffered harm) vs. Defendant (person who caused harm)
Requires a preponderance of evidence
Liability Penalty: money to
plaintiff
Criminal Law The State
(Prosecutor) vs. Defendant (person who committed the crime)
Requires proof beyond a reasonable doubt
Guilt Penalty: money to
state, incarceration, etc
When do they work together?
Victim can file a civil suit against someone convicted of crime
Burden of proof is less in civil court Sometimes a victim can
win a law suit even if the person is found not guilty in a criminal trial
Felonies vs Misdemeanors
Felonies Definition: serious crimes
punishable by one year in prison or longer
Capital offenses: max penalty death
1st Degree felony: max life in prison
2nd Degree felony: max 10 yrs
3rd Degree felony: max 5 yrs
Felony Example: Murder 1st degree murder:
premeditated AND deliberate
2nd degree murder: malice aforethought
3rd degree murder/voluntary manslaughter: intent to kill but without forethought
Involuntary manslaughter: careless acts caused death, no intent to kill
Misdemeanors
Definition: minor crimes punishable by fine or jail time less than one yr
Class A: up to 1 yr Class B: 6 months Class C: 30 days or
less
Example: drug possession less than 8 oz
Misdemeanors - Traffic Offenses
Violations: punishable by a fine (unless not paid)
Decriminalized: not on criminal record
Processed as civil issue
Mala In Se and Mala Prohibita
How does society determine the wrongness of certain actions?
Mala in Se Mala Prohibita Acts that are against
“natural laws” Ex: murder, theft,
rape, crimes against children
Acts that are made wrong by law and can vary by culture, time, place
Ex: drugs, marriage laws,