Objectives To identify the primary differences between civil and criminal law. To examine the elements of a crime. To differentiate mala prohibita and mala in se. To define crime categories. To discuss aggravating and mitigating circumstances.

Classifications of Law Include civil and criminal differences between the two include: purpose burden of proof potential punishment rights of the defendant

Civil Law Protects the private rights of citizens and regulates disputes between private parties purpose to assign responsibility in civil disputes burden of proof “preponderance of evidence,” in other words, more likely than not potential punishment monetary payment or orders to act rights of the defendant may not have the right to attorney and/or a trial by jury

Criminal Law Defines conduct prohibited by the government purpose to hold individuals accountable for crimes committed burden of proof “beyond a reasonable doubt” potential punishment loss of freedoms, monetary payment, etc. rights of the defendant guaranteed right to attorney and trial by jury

Criminal Law Can be divided into substantive law and procedural law substantive law dictates what a crime is what the elements of a crime are what punishments can be prescribed for various crimes procedural law dictates the process for case proceedings steps for filing charges and bringing a case to trial right to due process (fair treatment during administration of justice)

Crime Can most simply be defined as an illegal action or activity which is punishable by law acts considered crimes are identified by federal, state and local laws Is viewed as detrimental to individuals, communities and societies

Crimes Against Persons Are crimes which result in physical or mental harm to another person Include: assault/battery domestic violence stalking harassment kidnapping

Property Crimes Are crimes which involve an interference with another person’s right to use or enjoy their property Include: larceny (theft) robbery burglary arson embezzlement forgery receipt of stolen goods

Crimes Can be broken down into elements elements are set forth in substantive law and include: criminal act criminal intent concurrence causation meaning a harmful result

All Crimes Must have at least three elements: criminal act also called actus reus criminal intent also known as mens rea concurrence of the two meaning they happen at the same time

Criminal Act Is also known as actus reus Is an action which is against the law laws describe prohibited actions explicitly Can also include failure to act when obligation to act is stated by law for example, a mother is legally obligated to care for her child, so if she does not, it can be considered a criminal act

Criminal Intent Is also known as mens rea Describes a state of mind crimes must be committed voluntarily for example, reflexes and conduct during sleep or hypnosis are not usually considered criminal Includes: purposeful intent knowledgeable intent reckless intent negligence

Concurrence Means the criminal act must occur at the same time as the criminal intent if each occurs separately, no crime has been committed

Causation Is evidence the actions caused a harmful result Is a fourth element required in some crimes but not all some crimes, such as speeding, do not have to result in harm to be considered criminal

Crimes Can be classified as mala prohibita or mala in se mala prohibita means “bad because prohibited” against the law, but not inherently evil mala in se means “bad in itself” inherently evil under general moral standards

Crimes Can be classified by seriousness and punishment Include: classifications and punishments are determined by state and local laws therefore vary by state, county and/or city Include: infractions misdemeanors felonies

Infractions Are the least serious type of crime May also be called petty offenses Are most commonly violations of the following: administrative regulations ordinances municipal codes some traffic laws

Infractions Are typically punishable by fines alone jail time is not a possible punishment citations (tickets) are usually issued May not afford the defendant all the same rights as in misdemeanor and felony cases for example, a trial by jury and/or a court-appointed attorney because the accused does not face deprivation of freedom

Infractions Could include: littering jaywalking parking illegally violating building codes disturbing the peace Note: Crime classifications vary by state and locality. In addition, certain factors may influence the classification of a crime.

Misdemeanors Are more serious than infractions, but less serious than felonies Are usually further classified by seriousness and possible punishment some states use classes or degrees such as A, B, C, etc. or 1, 2, 3, etc. other states use phrases such as gross, ordinary, petty, etc.

Misdemeanors Are typically punishable by one or more of the following: fines probation community service restitution county jail time for one year or less Restitution – return of property or monetary compensation for injury or loss

Misdemeanors Could include: petty theft simple assault drunk driving (without injury to others) prostitution trespassing vandalism Note: Crime classifications vary by state and locality. In addition, certain factors may influence the classification of a crime.

Felonies Are the most serious type of crimes Are often further classified by seriousness and possible punishment some states use classes or degrees such as A, B, C, etc. or 1, 2, 3, etc. some states use phrases such as capital, state jail, etc. some states use a “hybrid system” combining classes or degrees and phrases

Felonies Are typically punishable by one or more of the following: fines probation restitution imprisonment for more than one year death

Felonies Could include: arson burglary domestic violence fraud kidnapping rape manslaughter murder Note: Crime classifications vary by state and locality. In addition, certain factors may influence the classification of a crime.

Crime Classification & Punishment Are not always set in stone prosecutors and judges usually have some flexibility in deciding how to classify and punish various crimes Are influenced by many factors known as mitigating and aggravating factors mitigating factors are those which favor the accused and make a lesser charge and/or sentence likely aggravating factors are those which support a more serious charge and/or stiffer penalty

Mitigating & Aggravating Factors Do not question the guilt of the defendant Relate to the culpability of the defendant Include: information about the offense information about the offender Culpability – level of responsibility for a fault or wrongdoing

Mitigating Factors Include: no harm victim culpability the offense did not cause injury and was committed in a way unlikely to cause injury victim culpability the victim willingly participated in the crime or initiated events leading to it provocation or extreme emotional distress the offense was committed in response to antagonizing circumstances or inappropriate behavior by another

Mitigating Factors Include: minor role lack of criminal record the offender was a contributor to the crime, but not the main perpetrator lack of criminal record the offender was generally a law-abiding citizen before the offense relative necessity the offender committed the crime to provide life essentials such as food or shelter

Mitigating Factors Include: remorse difficult personal history the offender accepted responsibility and showed remorse for actions difficult personal history the offender’s upbringing, family circumstances or addiction problems led to the criminal behavior

Aggravating Factors Include: brutality or cruelty the offense was committed in a particularly heinous way vulnerability of victim the offense was committed against a particularly vulnerable victim, such as a child, elderly person, disabled person, etc. dangerous weapons or tools used the offense involved the use of a deadly weapon

Aggravating Factors Include: motivated by hate the offense was committed because of hatred of a broad group such as a race, religion, sexual orientation, etc. known as hate crimes significant peril or likelihood of harm the offense was committed in a manner making injury to uninvolved innocents likely

Aggravating Factors Include: leadership role lengthy criminal record the offender played a prominent role in committing and/or planning the crime lengthy criminal record the offender has multiple prior convictions (particularly similar ones) lack of remorse the offender is proud of or unapologetic for actions

Crime Is a complex issue for society Must be well-defined because each circumstance is unique, it can be difficult for criminal justice systems to suit all crimes and all criminals therefore, critical thinking and analysis are imperative Must be well-defined due to the protections and civil rights the Constitution provides for individuals so the justice system is fair and unbiased

Resources http://2012books.lardbucket.org/books/introduction-to-criminal-law/s08-the-elements-of-a-crime.html https://www.law.cornell.edu/wex/crime http://criminal.findlaw.com/criminal-law-basics/classifications-of-crimes.html

Acknowledgements Brand Manager Amy Hogan Sydney Buckley Graphics Editor Melody Rowell Quality Control Director Angela Dehls V.P. of Brand Management Clayton Franklin Executive Producer Gordon W. Davis, Ph.D. © MMXVII CEV Multimedia, Ltd.