Criminal Law

Penal Law
Differences between Tort law and Criminal law

Tort Law Criminal Law

• Party is held liable for offence
• Standard of Proof:
• Preponderance of the evidence
• Parties involved:
• Private individuals brings actions in
civil court
• Punishment:
• Result in liability on part of the
defendant and damages awarded to
the claimant.
• Party is found guilty for offence
• Standard of Proof:
• Beyond a reasonable doubt
• Parties involved:
• The State brings an action in
criminal court
• Punishment:
• Result in conviction and
punishment of the defendant.
Categories of Crime

White Collar Crime (Corporate Crime) Blue Collar Crime (Street Crime)
• Bribery • Armed Robbery

• Embezzlement • Arson
• Assault
• Extortion
• Battery
• Forgery • Burglary
• Fraud • Domestic Violence
• Insider Trading • Drug Trafficking
• Money Laundrying • Drunk Driving

• Obstruction of Justice • Manslaughter

• Rape
• Tax Evasion
• Stalking
• Vandalism
What defines a criminal act?

Actus Rea Mens Rea

• The act itself. • The intent to commit the act.

Strict Liability Crimes (like strict liability in Tort law) only must
contain Actus Rea. The intent to commit the crime is not needed.

ex. Statutory rape, trespass (in some cases).

Four Categories of
Crime
I. Offences against a person
II. Offences against property
III. Public order crimes
IV. Business and corporate crimes
I. Offences against a person

• Assault
• Murder
• Rape
• Domestic Violence
• Stalking
II. Offences against property

• Vandalism
• Burglary
• Arson
• Shoplifting
III. Public Order Crimes

• Prostitution
• Gambling
• Drunk driving
• Drug crimes
IV. Business and Corporate Crimes

• White-collar crimes
• Insider trading
• Tax evasion
• Fraud
• Embezzlement
The Prosecution of
Crime
• In criminal law, the charges are presented
by the State (local, county, state or federal
prosecutors- depending on jurisdiction).
The states’ lawyers are called prosecutors.
• In the courtroom, the offender is called
the defendant.
• For most crimes, it is the prosecutions job
to prove the crime was committed.
“Innocent until proven guilty.”
• Clinton County v. John Doe.
• The United States v. Jason Miller
• The State of Wisconsin v. Steven Avery
Types of Trials

Trial By Jury Bench Trial

• A panel of between 9-12 • A judge decides the accused’s
persons of the accused’s ‘peers’ guilt or innocence.
decide guilt or innocence.
• Most common.
The Burden of Proof- requirement of the presentation of sufficient
evidence to support a claim.

In Criminal Law, the burden of • Remember in Tort Law, the

proof is required by the burden of proof required is the
prosecutor to prove the accused is balance of probabilities.
guilty beyond a reasonable doubt.

The burden of proof is greater in

criminal law.
Verdicts (decisions)
• Guilt (a person is guilty)
• To be found guilty of a crime.
• On the hook for a crime.
• Acquittal
• To be acquitted of the crime.
• To be found not guilty.
• Off the hook for a crime.
• To be set free
 Court Ruling with Prejudice
• This means a person cannot be tried for the same crime more than
once. If the person is found not guilty, the state cannot prosecute the
same person for the same crime a second time- even if new evidence
is discovered.
• This is also known as the “double jeopardy” rule.
• It is possible for a court to excuse the case without prejudice- which
means if new evidence is found, the case can continue (this typically
happens before a verdict is decided).
Severity of Crime
Felonies- Grave crime or serious offence
with severe punishments (prison). More Misdemeanors- Less serious offences with
softer punishments (jail). Less than one
than one year in prison. year in jail- or fines and community service.
• Rape • Vandalism
• Murder • Petty theft (shoplifting)
• Arson • Public intoxication
• Robbery • Possession of small amounts of
drugs.
 Punishments
• Execution
• Corporal Punishment
• Imprisonment (incarceration)
• Parole
• Probation
• Community Service
• Fines
Thoughts behind capital
punishment…
• Retribution- Punishment should be proportionate to the
crime.
• “vengeance- ‘an eye for an eye’
• Deterrence- To deter, prevent or scare future criminals.