Understanding criminal law in the United States involves exploring the distinctions between criminal and civil law, the classification of crimes into felonies and misdemeanors, and the moral basis of criminal acts as mala in se or mala prohibita. It also covers the codification of laws, the crucial elements of Actus Reus and Mens Rea in establishing criminal responsibility, and the rights and defenses available to defendants in criminal trials. The text delves into the purpose of criminal law in maintaining societal order and the principles that underpin the justice system.
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Criminal law addresses behaviors harmful to society, while civil law resolves disputes between individuals
The government prosecutes accused individuals or entities with a higher standard of proof than in civil law cases
Criminal law penalties involve incarceration, while civil law remedies are typically monetary
Crimes in the United States are divided into two categories: felonies, which are serious offenses, and misdemeanors, which are less serious
Crimes Against Persons, Property, Morality, Statutes, White-Collar, and Inchoate Crimes
Crimes in the United States can be broadly categorized into several types, including those against persons, property, morality, statutes, white-collar, and inchoate crimes
Mala in Se and Mala Prohibita Crimes
Crimes can be classified as inherently wrong (mala in se) or prohibited by law (mala prohibita)
Criminal laws in the United States are codified at both the federal and state levels
The Model Penal Code serves as a standardized set of criminal law principles for states to adopt or use as a reference
A crime typically consists of two elements: the physical act (actus reus) and the mental state or intent (mens rea) of the perpetrator
Some offenses, known as strict liability crimes, do not require proof of intent
Defendants in criminal proceedings have constitutional rights, including the presumption of innocence, the right to remain silent, and the right to legal representation
Defendants may raise defenses such as insanity, self-defense, or entrapment to challenge the prosecution's case
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When prosecuting crimes, the U.S. government must prove guilt to the level of '______ ______ ______,' a more stringent criterion than the 'preponderance of evidence' used in ______ law.
beyond a reasonable doubt
civil
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Criminal law penalties
Imprisonment, fines, community service.
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Civil law disputes
Legal issues among private parties: contracts, property, personal injuries.
