Chapter 3: Defining & Measuring Crime

Classification of Crimes There are important distinctions between the classification of crimes. Civil law & criminal law Felonies & misdemeanors Crimes mala in se & mala prohibita

Civil & Criminal Law All law can be divided into 2 categories: civil & criminal law Recall definition of crime: an act so reprehensible that it is considered a wrong against society (or an individual) that it needs to be punished. The state prosecutes a person who commits a criminal offense. If the defendant is proven guilty, the government punishes the person with jail or fine or both.

Civil Law Concerned with disputes between private individuals & between entities (companies for example.) Proceedings are initiated by a person or corporation not the public prosecutors. Unless the state is suing a business for some reason, then the state starts the proceedings. Disputes can include terms of a contract, ownership of property, automobile accidents, workplace accidents, etc.

Torts = lawsuits brought about by private individuals Plaintiff = the injured party Defendant = the accused party The plaintiff tries to prove that a wrong has been committed by the defendant. ***The accused party is known as the defendant in both criminal & civil cases. Most civil cases involve a request for monetary damages (pain & suffering caused by injuries.) In certain instances a victim may file a civil suit against an individual who is also the target of criminal prosecution

Criminal Law Deals with criminal behavior (murder, arson, sexual battery, etc.) State brings charges against the defendant after a grand jury indictment. OR the defendant can accept a plea deal if one is offered by the prosecution. One of the main difference between civil & criminal trials is in the “burden of proof.”

In a criminal case, the burden of proof is much greater than in civil cases. The government must prove guilt beyond reasonable doubt in a criminal case. In a civil case, there has to be a preponderance of the evidence, which is the burden of proof. It is easier to find somebody guilty when considering the preponderance of the evidence.

Felonies & Misdemeanors Degree of seriousness of the crime Felonies = serious crimes punishable by death or imprisonment (usually more than 1 year.) Misdemeanors = crimes punishable by fine, community service, or imprisonment up to 1 year. 4 degrees of the felony Capital offenses: maximum penalty is death First degree: maximum penalty is life Second degree: max is 10 years imprisonment Third degree: maximum is 5 years imprisonment

Degrees of Murder May vary from state to state Murder in the FIRST degree occurs under 2 circumstances: Premeditated: the crime is considered beforehand by the offender (not a spontaneous act.) Deliberate: the crime was planned & decided on after a process of decision making; deliberation DOES NOT have to be a lengthy process; can be only seconds before committing the crime.

The offender does have malice aforethought toward the victim. SECOND degree murder occurs when there is no premeditation or deliberation present. The offender does have malice aforethought toward the victim. The offender acted with wanton disregard of the consequences of his or her actions. Manslaughter: homicide committed without malice toward the victim; usually punishable by up to 15 years in prison. Voluntary Manslaughter: intent to kill was present but malice was lacking (crimes of passion) Involuntary Manslaughter: offenders acts were negligent even though there was no intent to kill

Degrees of Misdemeanors Recall: any crime not a felony is a misdemeanor. Usually punishable by fine or confinement in the local jail. Gross Misdemeanors: offenses punishable by 30 days to up to a year in jail. Petty Misdemeanors: offenses punishable by fewer than 30 days in jail. Violation: least serious form of crime; punishable by a fine & doesn’t go on person’s record.

Mala in Se & Mala Prohibita

Mala in Se A criminal act that would be considered wrong even if there were no law prohibiting it. Acts that go against “natural laws.” “Natural laws” = natural, moral, & public principles of society. Murder, rape, theft.

Mala Prohibita Acts that are considered crimes only because they have been codified as such through statute. AKA “human made” laws The act is not inherently wrong; it’s wrong b/c there is a law & may reflect the moral standards of a society at a given time. Definition of these crimes can vary from country to country.

Problematic Situation Sometimes it is difficult to separate a crime from the culture that has deemed it a crime. Murder may not be a criminal act in some societies. In poor, traditional areas of the Middle East & Asia, the law excuses “honor killings.” In the West, we excuse homicide in extreme situations like self-defense or when a law enforcement agent kills a perpetrator in the line of duty.