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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.
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%.
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