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Defining and Measuring Crime

Defining and Measuring Crime. Standard 3. Civil Vs Criminal Law. Civil vs Criminal Law. Civil Law. Criminal Law. Disputes between private parties (usually involves money). Offense against society. Civil Law. Plaintiff (person who suffered harm) vs. Defendant (person who caused harm)

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Defining and Measuring Crime

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  1. Defining and Measuring Crime Standard 3

  2. Civil Vs Criminal Law

  3. Civil vs Criminal Law Civil Law Criminal Law • Disputes between private parties (usually involves money) • Offense against society

  4. Civil Law • Plaintiff (person who suffered harm) vs. Defendant (person who caused harm) • Requires a preponderance of evidence • Liability • Penalty: money to plaintiff

  5. Criminal Law • The State (Prosecutor) vs. Defendant (person who committed the crime) • Requires proof beyond a reasonable doubt • Guilt • Penalty: money to state, incarceration, etc

  6. When do they work together? • Victim can file a civil suit against someone convicted of crime • Burden of proof is less in civil court • Sometimes a victim can win a law suit even if the person is found not guilty in a criminal trial

  7. Felonies vs Misdemeanors

  8. Felonies • Definition: serious crimes punishable by one year in prison or longer • Capital offenses: max penalty death • 1st Degree felony: max life in prison • 2nd Degree felony: max 10 yrs • 3rd Degree felony: max 5 yrs

  9. Felony Example: Murder • 1st degree murder: premeditated AND deliberate • 2nd degree murder: malice aforethought • 3rd degree murder/voluntary manslaughter: intent to kill but without forethought • Involuntary manslaughter: careless acts caused death, no intent to kill

  10. Misdemeanors • Definition: minor crimes punishable by fine or jail time less than one yr • Class A: up to 1 yr • Class B: 6 months • Class C: 30 days or less • Example: drug possession less than 8 oz

  11. Misdemeanors - Traffic Offenses • Violations: punishable by a fine (unless not paid) • Decriminalized: not on criminal record • Processed as civil issue

  12. Mala In Se and Mala Prohibita How does society determine the wrongness of certain actions?

  13. Mala in Se Mala Prohibita • Acts that are against “natural laws” • Ex: murder, theft, rape, crimes against children • Acts that are made wrong by law and can vary by culture, time, place • Ex: drugs, marriage laws,

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