Civil & Criminal Law

Standard of Proof Differing Standards of proof Criminal: based on no reasonable doubt (more than 95% sure that the evidence proves the accused committed the crime) Civil: based on a balance of probabilities (whether it’s likely that the defendant caused harm or loss)

What Makes an action “Against the Law” Criminal: based on malum per se (meaning that it is against the moral principles of society) Punished with fines and/or loss of freedom through jail/ probation Civil: based on malum prohibitum (meaning that these actions are against the law because someone has said so) Like speeding and parking violations They do not result in a loss of freedom, though they can result in loss of privileges or fines Also deals with disagreements between citizens when no crime has been committed, or a separate cause of action even when a crime has been committed The accused is found liable (more than 50% likely to have committed the act) or not liable

The Difference – How Did We Get Here? William the Conquerer. took over England in 1066 and developed a strong, central government Kings were only concerned about crimes that happened near to them or that impacted them directly Concerned with “King’s Peace”: any act of violence that occurred where the king happened to be was seen as a direct assault against the king, even if you didn’t know he was there

It is still like this today: King Henry II – Will’s great-grandson and the father of Richard the Lion-Hearted – expanded the King’s Peace to cover all of England at all times Kings courts were fairer Fines were paid to the king Penalties were administered by the king It is still like this today: All criminal acts are viewed as a quarrel with the State Why criminal cases are written as “Regina v. …”

Victims have since lost the right to be repaid for their losses Criminal justice has changed its focus to be instead on the punishment of the Offender, rather than on how the victim should be paid back The next step: The belief that criminals were the product of a bad environment Therefore, we move from punishment to rehabilitation

Criminal Law Part of Public Law A criminal act occurred (something that is illegal, like theft, murder, fraud, etc.) The State (police, government, courts, etc.) go after the offender and deal with them … The victim does not have to defend him/herself; the State takes responsibility Use of the word “guilty”  “responsible for a particular wrongdoing”

Criminal Law Terms: Crown: the crown/state prosecutor Represented in Canada as “Regina” or “R.” to represent the Queen Defendant: one accused of a crime Sometimes called “the accused” in court Results: Penalty is punishment: fines, jail, etc.

Civil Law Part of Private Law Law that deals with disagreements and relationships between individuals (or a group of individuals, like a corporation) The person who’s upset has to take initiative (the State does not take action on his/her behalf)

Civil Law No use of the word “guilty”  instead, liable “responsible by law” or “legally answerable” Penalty is not jail or fines; rather, damages Usually money to compensate for losses

Civil Law Examples: Breach of contract Family disputes Property disputes Loss due to injury, etc. Slander Terms: Plaintiff: “complainant”, brings lawsuit Defendant: one defending him/herself, being sued

Setting up OJ Simpson Trial Important pre-trial facts: OJ was arguably the best football player ever in his prime A “feel good come back” story, resonated with the black community. Lived a life of fame. Race tensions in the US were high, especially between African Americans and the police forces Sound familiar…….?