2. 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.

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

4. 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

5. 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

6. 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)

7. 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

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

9. 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

10. 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

11. 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

12. 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

13. 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

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

15. 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

16. 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

17. 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

18. 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

19. 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

20. 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.

21. 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.

22. 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

23. 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.

24. 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

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

26. 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.

27. 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

28. 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

29. 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

30. 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

31. 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

32. 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

33. 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

34. 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

35. 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

36. Resources

37. 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.