Jonah Patel
A crime is a wrongful act that infringes on laws designed to protect individuals and property, resulting in harm. It is a violation of established laws, often involving harm to a person or property, and is punishable by criminal consequences. For example, robbery is a crime as it involves theft and potential harm to an individual. It's important to note that not all wrongful acts are crimes; some fall under civil wrongs or torts, which typically involve harm but are handled through civil law. The classification of an act as a crime can vary depending on the jurisdiction and cultural and legal norms. In criminal law, the prosecution must prove the actus reus, or the physical act of wrongdoing, and the mens rea, or the mental state and intent of the offender.
| Characteristics | Values |
|---|---|
| Definition | A wrongful act that infringes on laws designed to protect individuals and property, resulting in harm. |
| Classification | The classification of an act as a crime depends on the laws in the specific jurisdiction where the act takes place. |
| Criminal Law | In criminal law, a crime is a wrongful act committed against another person or property that results in harm. |
| Civil Law | Civil wrongs, known as torts, typically involve harm to a person or property and are addressed through civil law. |
| Criminal Consequences | A person who commits a crime may face incarceration or other criminal penalties defined by lawmakers in statutes. |
| Civil Consequences | The primary consequence of being found civilly liable for a wrongful act is typically having to pay monetary compensation to the plaintiff. |
| Burden of Proof | In criminal court, the prosecutor must prove the charges beyond a reasonable doubt, while in civil court, the plaintiff must prove their case by a preponderance of the evidence. |
| Actus Reus | Actus reus refers to the actual commission of a crime or the physical act that constitutes a criminal offense. |
| Mens Rea | Mens rea refers to the individual's mental state or intent at the time the crime was committed. |
| Examples | Crimes can include violent crimes, property crimes, and white-collar crimes, such as robbery, theft, or embezzlement. |
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What You'll Learn
Actus Reus
In criminal law, "actus reus" is a Latin term that means "guilty act". It refers to the act or omission that comprises the physical elements of a crime as required by statute. For an act to constitute an actus reus, it must be voluntary.
The actus reus includes only voluntary bodily movements, particularly those in which society has an interest in preventing. For example, if a thief shoves a gun into the side of a victim and says, "Your money or your life", the shoving of the gun is the actus reus. An involuntary act, such as a reflex or a spasm, does not satisfy the actus reus requirement.
In some cases, a defendant can be convicted of a crime for failing to act (an "omission"). For example, legislation may specifically criminalize an omission through statute, or a duty that would normally be expected may be omitted and cause injury. In English law, there is no Good Samaritan rule, so one cannot be criminally liable for an omission unless a duty of care is owed. An omission can be criminal if there is a statute that requires one to act.
The expression "conduct" is sometimes preferred to "actus reus" as it is a wider term that covers not only an act but also an omission and, by extension, a bodily position. The conduct must sometimes take place in legally relevant circumstances. For example, the relevant circumstances in the case of rape might include consent. The act of human sexual intercourse becomes a wrongful act if it is committed in circumstances where one party does not consent and/or one or more parties concerned are below the age of consent.
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Mens Rea
The Model Penal Code (MPC) organises and defines culpable states of mind into four hierarchical categories:
- Acting purposely: The defendant had an underlying conscious object to act.
- Acting knowingly: The defendant is practically certain that the conduct will cause a particular result.
- Acting recklessly: The defendant consciously disregarded a substantial and unjustified risk.
- Acting negligently: The defendant was not aware of the risk, but should have been.
The mens rea requirement is based on the idea that one must possess a guilty state of mind and be aware of their misconduct. However, a defendant need not know that their conduct is illegal to be guilty of a crime. For instance, the crime of manslaughter may not require a "bad mind" but simply a "negligent" one.
Exceptions to the mens rea requirement are known as strict liability crimes, where the mere fact that a defendant committed the crime is sufficient to satisfy any inquiry into their mental state. Examples of strict liability crimes include possession and statutory rape.
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Misdemeanours
A wrongful act that breaks the law can constitute a crime. For example, driving under the influence of alcohol (DUI) is a criminal offence, whether or not an accident occurs as a result. A tort, on the other hand, is a civil wrong that causes harm or injury to a person or property, which can result in liability for damages. While a crime may be punished by incarceration, a tort will not.
A misdemeanour is a "lesser" criminal act, considered less serious than a felony. Misdemeanours are generally punished with prison sentences of no longer than one year, monetary fines, or community service. The distinction between felonies and misdemeanours was abolished in the UK by the Criminal Law Act of 1967, but it persists in the US. Examples of misdemeanours include petty theft, and violations of fishing regulations, which depend on the severity of the offence.
In some cases, a wrongful act can be considered both a crime and a tort. For example, reckless driving that results in serious injury could lead to criminal charges and a civil lawsuit for damages. In such cases, the standard of proof is different in criminal and civil court. In criminal court, the prosecutor must prove the charges beyond a reasonable doubt, whereas in civil court, the plaintiff must prove the case by a preponderance of the evidence, meaning that the defendant is more likely than not liable.
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Felonies
A wrongful act that violates the law and results in criminal consequences is considered a crime. Crimes are defined by lawmakers and are punishable by incarceration. A tort, on the other hand, is a civil wrong that causes harm or injury to an individual or property, resulting in civil liability for damages. While a crime may lead to imprisonment, a tort typically does not.
Within the context of crimes, felonies are considered the most serious category of offences. The term "felony" originated from English common law, derived from the French medieval word "félonie", to denote an offence punishable by the confiscation of a convicted person's land and goods, along with additional penalties such as capital punishment. In modern times, the definition of a felony has evolved, and it is now generally recognised as a crime punishable by death or imprisonment exceeding one year. This distinction between felonies and less serious crimes, often referred to as misdemeanours, is prevalent in jurisdictions like the United States.
- Driving under the influence (DUI): Certain DUI cases that result in bodily injury, death, or significant property damage may be classified as felonies.
- Grand larceny or grand theft: The theft of goods or valuables above a certain monetary value or quantity can constitute a felony.
- Illegal drug trade and possession: The manufacture, sale, distribution, or possession of illegal drugs with the intent to distribute can be considered a felony. In some jurisdictions, the possession of certain types of drugs for personal use may also fall under this category.
- Vandalism on federal property: Defacing or damaging federal property is often treated as a felony.
It is important to note that the classification of offences as felonies or misdemeanours can vary across different jurisdictions. For example, in England and Wales, Ireland, Canada, Australia, and New Zealand, crimes are no longer explicitly categorised as felonies or misdemeanours. Instead, they are classified based on the mode of trial, such as indictable offences triable by a jury and summary offences handled through summary procedures without a jury.
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Civil vs Criminal Law
A wrongful act that breaks the law can result in criminal consequences, constituting a crime. Criminal law and civil law address separate wrongdoings, but there is some overlap between the two.
Criminal Law
Criminal law deals with offences against the state. Crimes are defined and penalized by lawmakers in statutes. Criminal cases are prosecuted by government lawyers, such as prosecutors, district attorneys, county attorneys, or state attorneys. The burden of proof in criminal cases is on the prosecutor, who must prove the defendant's guilt beyond a reasonable doubt. This is because criminal cases can result in incarceration, which justifies a higher standard of proof. Criminal offences are typically classified as felonies or misdemeanours, with felonies being more serious and resulting in harsher punishments.
Civil Law
Civil law is a broad term for non-criminal law, often concerning monetary or property disputes between private citizens. Civil suits are usually covered by tort law, which involves compensating victims for harm caused by the negligence or recklessness of wrongdoers. Civil cases are brought by plaintiffs, who are the injured parties, against defendants, who are accused of wrongdoing. The burden of proof in civil cases is lower than in criminal cases, with plaintiffs needing to prove their case by a preponderance of the evidence, meaning it is more likely than not that the defendant is liable. The consequences of being found liable in a civil case usually involve financial compensation for the plaintiff.
Overlap Between Criminal and Civil Law
In some cases, a wrongful act can result in both criminal and civil proceedings. For example, in a DUI case, the driver could face criminal charges and consequences, as well as a civil lawsuit from the family of the deceased for wrongful death. While criminal law focuses on protecting the state's welfare, civil law focuses on private relationships and individual rights. The different standards of proof in criminal and civil cases mean that a defendant may be acquitted of criminal charges but still be found liable in a civil case for the same incident.
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Frequently asked questions
A crime is a wrongful act that infringes on laws designed to protect individuals and property, resulting in harm.
A crime is a wrongful act that may be punished by incarceration. A tort is a civil wrong and is a wrongful act that causes harm or injury to a person or property that can result in civil liability for damages—not incarceration.
Actus reus is the Latin term for the actual wrongful behaviour that the government must prove to prosecute a criminal offender. It is the physical deed of a crime, separate from the "mens rea", which refers to the perpetrator's mental state during the act.
Yes, in several instances, a wrongful act can be both a crime and a tort. For example, a driver who causes an accident by speeding could be charged with reckless driving, DUI, or another criminal offence, and the injured party could also sue for monetary compensation for personal injuries and property damage.
In a criminal case, the prosecutor must prove beyond a reasonable doubt that the defendant has committed the crime. In a civil case, the burden is lower, with the plaintiff needing to prove their case by a "preponderance of the evidence", meaning that the defendant is more likely liable than not.
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