Criminal Law

Criminal Law

What is a crime?

A breach of rules (statutes/ordinances) created by a legislative body

Distinguishing feature of Criminal law:

Punishment: the purpose of criminal law is to punish perpetrators (wrongdoers)

Remember… What was the distinguishing feature of Civil law in

comparison? Compensation: the purpose of civil law is to

compensate victims

What are the purposes of punishments?

1. To help reform (change positively) the perpetrator

2. To create a system of deterrents (preventions) to other potential perpetrators

3. To restrain future misconduct by that perpetrator

A. Recidivism: going back to life of crime/“repeat offender”

4. To obtain retribution (payback/revenge) for the crime that has been committed

What two acts must be present for something to be considered a Criminal offense?

Mens rea: “guilty state of mind”; intent to commit crime

Actus reus: “guilty act”; the actual action/offense

Remember… What acts must be present for it to be considered

a civil offense? Duty, breach, causation, damages