1. Criminal law 1

2. Criminal law v civil law
Criminal proceedings: involve the prosecution and punishment of those involved in criminal conduct
Civil proceedings: private parties resolving disputes about legal rights through litigation
In the common law tradition there is a fundamental distinction between criminal law and civil law.
Criminal proceedings: involve the prosecution and punishment of those involved in criminal conduct
Civil proceedings: private individuals resolve legal disputes about their rights through litigation
On page 61, see that there are difference in relation to the vocabulary used and in the rules of procedure.
Criminal law
Parties prosecutor (state) v accused/defendant
Standard of proof beyond reasonable doubt
Result guilty/not guilty
Consequences penalty (house arrest, prison, capital
punishment etc)
Civil law
plaintiff v defendant
balance of probabilities
liable/not liable
Legal relief, ail if not to punish but to redress the damage: damages (monetary
compensation) or other remedy

3. Criminal law
Most modern criminal law is found in legislation passed by state legislatures.
Broad authority to makes laws addressing crime and punishment is generally reserved to the states
2. Where do modern criminal laws come from?
They are statutory – come from legislation, passed by ? State legislatures
Why?
The broad authority to makes laws addressing crime and punishment is generally reserved to the states – so most everyday criminal offenses like homicide robbery drug dealing theft are state crimes, defined by state or local law.
There is variation between the states in terms of how they define and punish criminal offenses for example marijuana is illegal in many states, but it is legal for recreational use in some states and for medical use in several others

4. Federal criminal laws must be consistent with the powers of Congress
The federal government has limited powers, and can make criminal laws only when doing so is consistent with the powers delegated to Congress by the Constitution.
It has tax powers so federal tax evasion is a federal offence
counterfeiting (Congress has power to print currency, and over patents and copyrights),
mail fraud or harming a postman (postal service),
drug offences, weapons offenses (interstate commerce clause)
offences involving state lines being crossed (interstate commerce)
bank robbery – banks federally insured
immigration crimes – power over rules of citizenship and naturalisation
crimes committed on federal property or against federal agents

5. Elements of a crime actus reus mens rea
What are the elements of a criminal offence?
There are two essential elements
actus reus: the criminal act > generally must be a positive act
mens rea: the required state of mind:
For most crimes a state of mind is required
the same act may constitute difference offences depending on the state of mind.
For example, first degree murder often requires an intent to kill or do serious harm
Recklessness > D knew of the risk of harm, but still carried out an act
Criminal negligence: D ddin’t foresee the risk of harm, but should have done / a reasonable person would have done
The exception to this – crimes based on strict liability – common example is the crime of having sex with someone under a certain age. This is statutiry rape, whether the young person consented, and whether or not the adult belived that the young person was older

6. Gravity of the crime Felony Misdemeanor Wobbler
Infraction / administrative offense
We can also classify crimes according to their seriousness
Felony – serious crime Someone convicted of a felony can receive a prison sentence of more than a year (=a felon)
Misdemeanor – minor crime Someone convicted of a misdemeanor can receive a fine or a jail sentence of up to (and including) one year
Wobbler > some states have wobblers, can ne F or M dependning on gravity, choice is at the judge’s discretion
Finally an infraction / administrative offense is only punishable by a fine

7. White-collar crime
Non-violent, financially-motivated crime committed by business people / professionals in the course of their work
Non-violent, financially-motivated crime committed by business people / professionals in the course of their work e.g. corporate tax evasion, fraud, insider trading, receiving bribes (pots -de-vin)
Often involves deceit / abuse of trust
7. Why do white collar criminals receive "lighter punishments"?
Traditionally they receive more lenient sentences (OPPOSITE = HARSHER), such as community service or time in a minimum security prison
criminals are wealthier and so can afford excellent legal teamse
have influential friends/better connections
are less likely to reoffend
commit non-violent crimes which pose little risk to society
public disgrace is seen as a punishment in itself
This is changing, due to the financial scandals of recent years, but there the justice system is generally still more lenient with wccs

8. Constitutional limits
Pursuant to the Due Process Clause (5th and 14th Amendments) federal government and the states must respect due process of law
= criminal statutes must not be vague or overbroad
Pursuant to the Due Process Clause (5th and 14th Amendments) federal government and the states must respect the due process of law – means that legal proceedings must be fair
= statutes must not be vague or overbroad
Vague = unclear
Overbroad = not precise enough, can cover lawful and unlawful activity, meaning the enforcement may be arbitrary
It has to be clear which acts are prohibited and which are lawful, so that law-abiding citizens can act accordingly
1973 Cincinnati ordinance made it an offence for 3 or more perosn to to assemble on a sidewalk and conduct themselves in a manner « annoying to passers by » was found to be impermissibly vaguecriminal offense for three or more persons to assemble on a
sidewalk and conduct themselves “in a manner annoying to passers-by”
It is a criminal offense for three or more persons to assemble on a sidewalk and conduct themselves “in a manner annoying to passers-by” (City of Cincinnati ordinance).