Criminal & Civil Law Chapter 15

Where do our laws come from? The Constitution – Constitutional Law The Legislature – Statutory law The Decisions of Judges – Common Law Gov. Agencies – Administrative Law Traditions of Fairness - Equity

Criminal Law Basics Prosecution - Always the Government in a criminal law case; Prosecution - Always the Government in a criminal law case; The case is brought by the Government on behalf of “The People” The case is brought by the Government on behalf of “The People” The Government has the burden of proof The Government has the burden of proof “Beyond a Reasonable Doubt” “Beyond a Reasonable Doubt” Defendant - The person charged with committing the crime; Defendant - The person charged with committing the crime; Defendant is presumed innocent until proven guilty Defendant is presumed innocent until proven guilty Most criminal cases are based on state law and are tried in state courts. Most criminal cases are based on state law and are tried in state courts.

Types of Crimes Infractions or Petty Offenses - Least serious type of crime, usually results in a fine Infractions or Petty Offenses - Least serious type of crime, usually results in a fine Ex. traffic violations, disturbing the peace, trespassing Ex. traffic violations, disturbing the peace, trespassing Misdemeanors - May result in a jail sentence of up to a year; Misdemeanors - May result in a jail sentence of up to a year; Ex. DUI, simple assault; minor batteries Ex. DUI, simple assault; minor batteries Felonies - The most serious crimes, may result in a jail sentence of a year or more Felonies - The most serious crimes, may result in a jail sentence of a year or more Ex. Burglary, arson, rape, manslaughter, murder Ex. Burglary, arson, rape, manslaughter, murder

Elements of a Crime Actus Reus (action) - the physical conduct that is required for the crime. Actus Reus (action) - the physical conduct that is required for the crime. Mens Rea (intent) - The mental state required to make the act criminal Mens Rea (intent) - The mental state required to make the act criminal *Both of these things have to occur at the same time in order for there to be a crime

Rights of the Accused 5 th Amendment 5 th Amendment Right against self-incrimination Right against self-incrimination Right to due process of law Right to due process of law Protection from double jeopardy Protection from double jeopardy 6 th Amendment 6 th Amendment Right to a speedy and public trial Right to a speedy and public trial Right to trial by jury Right to trial by jury Right to an attorney Right to an attorney

Why Do We Penalize People Who Commit Crimes? Deterrence - Prevent people from committing future crimes; Deterrence - Prevent people from committing future crimes; Retribution - Make criminals pay for their bad acts; Retribution - Make criminals pay for their bad acts; Incapacitation – Remove criminals from society; Incapacitation – Remove criminals from society; Rehabilitation – Reduce future risk to society by reforming people who commit crimes Rehabilitation – Reduce future risk to society by reforming people who commit crimes

Civil Law Basics Plaintiff - The party bringing the lawsuit; can be either a private individual, a corporation or the government; Plaintiff - The party bringing the lawsuit; can be either a private individual, a corporation or the government; Plaintiff files a complaint and has the burden of proof Plaintiff files a complaint and has the burden of proof Preponderance of the Evidence - more likely than not, 51% Preponderance of the Evidence - more likely than not, 51% Defendant - The party accused of wrongdoing Defendant - The party accused of wrongdoing Areas of Civil Law Areas of Civil Law Torts Torts Contracts Contracts Property Property Family Law Family Law

Purpose of Civil Law To discourage certain types of behavior in society and provide a set of rules for conducting interpersonal relationships. To discourage certain types of behavior in society and provide a set of rules for conducting interpersonal relationships. Most cases seek to establish liability and request compensation for alleged wrongdoing: Most cases seek to establish liability and request compensation for alleged wrongdoing: Plaintiff alleges that the Defendant’s actions have caused injury; Plaintiff alleges that the Defendant’s actions have caused injury; Plaintiff seeks financial compensation ($$$) in order to be made whole. Plaintiff seeks financial compensation ($$$) in order to be made whole.

Your Rights in a Civil Suit 7th Amendment - Guarantees the right to a jury trial in civil matters; 7th Amendment - Guarantees the right to a jury trial in civil matters; Many other Constitutional protections do not apply in civil cases: Many other Constitutional protections do not apply in civil cases: Defendants can be forced to testify, although they can then take the 5th; Defendants can be forced to testify, although they can then take the 5th; No right to government counsel; No right to government counsel; No right to a speedy trial; No right to a speedy trial;

Contracts Contract - an agreement between two or more parties to exchange something of value Contract - an agreement between two or more parties to exchange something of value Offer Offer Acceptance Acceptance Consideration Consideration Quid Pro Quo - “Something for Something” Quid Pro Quo - “Something for Something” When a party breaches a contract, they can be sued for damages. When a party breaches a contract, they can be sued for damages.

Torts Tort - a wrongful act (other than breach of contract) for which there is a cause of action. Tort - a wrongful act (other than breach of contract) for which there is a cause of action. Types of Torts Types of Torts Intentional - a deliberate act that results in harm Intentional - a deliberate act that results in harm Ex. Battery, assault, defamation Ex. Battery, assault, defamation Negligence - involves careless or reckless behavior Negligence - involves careless or reckless behavior Duty - Did you owe a duty to the person injured? Duty - Did you owe a duty to the person injured? Breach - Did you fail to live up to that duty? Breach - Did you fail to live up to that duty? Causation - Did your actions actually cause the injury? Causation - Did your actions actually cause the injury? Damages - Did the injuries result in measurable damages? Damages - Did the injuries result in measurable damages?

Think About It!!! Compare/Contrast List three ways that criminal and civil law are similar; List three ways that they are different.