 Crime: A wrong against society, defined in a statute, and punishable by fines,

imprisonment, or—in rare cases—death.

 Crimes are prosecuted by a public official and not by the victims.
Key Differences between Civil and Criminal Law:
Burden of Proof: The government must prove its case beyond a reasonable doubt and the jury’s
verdict normally must be unanimous in a criminal case.
Criminal Sanctions: Punishments are typically harsher in criminal cases and include fines as well
as incarceration.
 Civil Liability for Criminal Acts: Some torts provide a basis for criminal prosecution
and civil action in tort.
 Classification of Crimes:
 Felony: A crime that carries the most severe sanction, ranging from one or more
years in prison to forfeiture of one’s life. 
Classification of Crimes:
Misdemeanor: A less serious crime punishable by a fine or imprisonment for up to one year.
Petty Offense: A subset of misdemeanors comprised of the least serious criminal offenses.
 To be convicted of a crime, a person must:
 Perform some prohibited act (actus reus).
 Have a specified state of mind, or intent (mens rea).
The Criminal Act:
Most crimes require an act of commission (a person must do something in order to be accused of
a crime).
An act of omission can be a crime but only if the person has a legal duty to perform the omitted
act.
 State of Mind: The required mental state (intent) is indicated in the applicable statute or
law:
 Recklessness: A defendant is criminally reckless if she/he consciously disregards
a substantial and unjustifiable risk. 
State of Mind:
Criminal Negligence: A mental state in which the defendant takes an unjustified, substantial, and
foreseeable risk that results in harm.
Defendant can be negligent even if she/he was not actually aware of the risk but should have
been aware of it.
 State of Mind:
 Strict Liability and Overcriminalization:
 • Federal code lists over 4,000 criminal offenses but many do not list a
“mental state.”
• Opponents of such laws say that criminalizing conduct without requiring
intent has led to overcriminalization.
Liability of the Corporate Entity: Corporations are normally held liable for the crimes committed
by their agents or employees within the scope of their employment.
Corporations can be criminally liable for failing to perform specific duties imposed by law.