1. Criminal vs. Civil Law
SWBAT: Explain the differences between criminal and civil law.

2. Criminal Law
Body of law pertaining to crimes against the state or conduct (felonies and misdemeanors) detrimental to society as a whole.
Protects society and maintains order
Violation of criminal statues are punishable by law. Jail, Prison, Parole, Probation: Community Supervision…

3. Examples of Criminal Law
Murder
Rape
Abuse
Theft
Trespassing
Destruction of private property (Vandalism)

4. Criminal Law Charges are pressed in degrees 1st 2nd 3rd
Felony: Carry a potential sentence to state prison for at least a year and in some states may result in a death sentence.
Misdemeanor: Possible incarceration in a county or local jail for less than one year.
Bail is sometimes set for a person to be released from jail, sometimes people are released on their own recognizance . Arraignment: 1st time a defendant sees judge, bail set, lawyer appointed, plea entered…

5. Sentence and Sentence Range for Each Level in South Carolina
Anyone convicted of a felony offense in South Carolina faces a potential prison sentence that depends on the class of the felony committed. The sentences associated with each class are maximum incarceration penalties, and individual sentences in any given case could be less.
Class A. Imprisonment for not more than 30 years.
Class B. Imprisonment for not more than 25 years.
Class C. Imprisonment for not more than 20 years.
Class D. Imprisonment for not more than 15 years.
Class E. Imprisonment for not more than 10 years.
Class F. Imprisonment for not more than 5 years.

6. Examples of Crimes at Each Level
Class A Kidnapping Voluntary manslaughter Attempted murder
Class B Failure to stop a vehicle in an accident when death occurs Second-degree arson Second-degree assault and battery by mob
Class C Sexual exploitation of a minor Carjacking Attempted armed robbery
Class D Manufacturing or distributing methamphetamine or cocaine, first offense Third-degree arson Second degree burglary
Class E Causing harm to a child Reckless homicide First-degree sexual misconduct
Class F Illegal conduct at elections Sale or possession of counterfeit cigarettes Stalking

7. Fines
In addition to incarceration, someone convicted of a felony in South Carolina may also be sentenced to pay a fine. Unlike prison terms, each class of felonies does not have an associated fine. Instead, each criminal statute states a fine, range of fines, or leaves it up to the court to impose a fine it deems appropriate.
For example, someone convicted of threatening the life, person, or family of a public official, a Class F felony, faces a fine of up to $5,000. On the other hand, someone convicted of stealing livestock valued at $10,000 or more, a Class E felony, faces a fine of up to $2,500.

8. Exempted Felonies
The penalties associated with each exempted crime differ significantly. For example, someone convicted of murder faces a penalty of a minimum of 30 years to life in prison, or death. Someone convicted of incest faces a minimum $500 fine and a minimum of one year in prison.

9. Civil Law
Civil law deals with private offenses, such as violations of contracts, failure of professional duty (sexual harassment, discrimination), Tort Law, Family Law.
Regulates relationships b/w people.
The standard of proof for crimes is higher than for civil proceedings. ...(beyond a reasonable doubt %; Civil: by a preponderance of evidence 51% (Why?)
Example: OJ Simpson Trial

10. Examples of Civil Law Tort Law Marriage Divorce Custody Adoption
Contracts
Order Of Protection

11. Differences
Although civil law is not punishable by jail time- civil and criminal law go hand in hand a majority of the time.
Civil law issues: orders of protection, custody/visitation rights, child support, etc.
Criminal law comes into play when somebody violates court order (breaks an order of protection, or fails to pay their child support)…
There are 12 jurors for a criminal case: All 12 must agree
There are usually 6 jurors on a civil case (5/6) (Both vary depending on state) VS

12. List three examples of criminal law.
Explain the differences b/w civil and criminal? Give an example
List three examples of civil law.
How do the two intersect (sometimes overlap?)