123ArticleOnline Logo
Welcome to 123ArticleOnline.com!
ALL >> Legal >> View Article

Criminal Law Overview

Profile Picture
By Author: SWI Digital Staff
Total Articles: 1
Comment this article
Facebook ShareTwitter ShareGoogle+ ShareTwitter Share

Criminal law involves prosecution by the government of a person for an act that has been classified as a crime. Civil cases, on the other hand, involve individuals and organizations seeking to resolve legal disputes. In a criminal case the state, through a prosecutor, initiates the suit, while in a civil case the victim brings the suit. Persons convicted of a crime may be incarcerated, fined, or both. However, persons found liable in a civil case may only have to give up property or pay money, but are not incarcerated. A "crime" is any act or omission (of an act) in violation of a public law forbidding or commanding it. Though there are some common law crimes, most crimes in the United States are established by local, state, and federal governments. Criminal laws vary significantly from state to state. There is, however, a Model Penal Code (MPC) which serves as a good starting place to gain an understanding of the basic structure of criminal liability.

Crimes include both felonies (more serious offenses -- like murder or rape) and misdemeanors (less serious offenses -- like petty theft or jaywalking). Felonies are ...
... usually crimes punishable by imprisonment of a year or more, while misdemeanors are crimes punishable by less than a year. However, no act is a crime if it has not been previously established as such either by statute or common law. Recently, the list of Federal crimes, dealing with activities extending beyond state boundaries or having special impact on federal operations, has grown. See Title 18.

All statutes describing criminal behavior can be broken down into their various elements. Most crimes (with the exception of strict-liability crimes) consist of two elements: an act, or "actus reus," and a mental state, or "mens rea." Prosecutors have to prove each and every element of the crime to yield a conviction. Furthermore, the prosecutor must persuade the jury or judge "beyond a reasonable doubt" of every fact necessary to constitute the crime charged. In civil cases, the plaintiff needs to show a defendant is liable only by a "preponderance of the evidence," or more than 50%.
About the Author None

Total Views: 142Word Count: 357See All articles From Author

Add Comment

Legal Articles

1. A Complete Guide To Online Food License Registration In Pune
Author: Startupporta Business Services

2. Why Smart Sellers Choose Virtual Offices: Thegstco’s Gst-ready Solution For E-commerce Growth
Author: shrutika

3. How Human Error Causes Most Train Accidents
Author: Law Offices of Eslamboly Hakim

4. A Guide To Divorce Proceedings In Singapore
Author: Singapore Sole Parent

5. What Is The Role Of Lawyers In Abu Dhabi’s Real Estate Market?
Author: Dr. Hassan Elhais

6. Self-sponsorship Visa Uk: Establishing Your Family Business In The Uk
Author: The SmartMove2UK

7. Trusted Guidance From Family Lawyers In Saskatoon
Author: John Smith

8. The Art Of Cross Examination In Commercial Arbitration
Author: Anna Paquin

9. Step-by-step Guide To Securing 12a Registration For Ngos And Trusts In India
Author: Ishita Ramani

10. Top Packers And Movers In Lahore: Your Ultimate Moving Solution
Author: paker

11. How Outsourcing Medical Record Retrieval Services Improves Efficiency
Author: 1Point1 Solutions

12. Your British Passport: Your Key To The World!
Author: Conroy Baker

13. Motorcycle Lawyer In Lubbock: Your Advocate After A Crash
Author: Mark Taylor

14. Motorcycle Lawyer In Waco: Your Advocate On The Open Road
Author: Mark Taylor

15. Motorcycle Injury Attorneys In Austin: Your Guide To Legal Support After An Accident
Author: Mark Taylor

Login To Account
Login Email:
Password:
Forgot Password?
New User?
Sign Up Newsletter
Email Address: