Key Terms
Crime
A social harm that the law punishes. Criminal statutes set the rules necessary for civil society to function.
Example
Fraud can result in both a criminal prosecution and a civil lawsuit — brought by different parties, under different burd
Strict liability crimes
Acts the legislature defines as social wrongs that do NOT require proof of intent.
Beyond a reasonable doubt (criminal)
Evidence so compelling that no reasonable doubt exists. Think approximately 95% certainty.
Preponderance of the evidence (civil)
Evidence in favor of the plaintiff's case is greater than evidence against it. Think 51% vs.
Presumption of innocence
The defendant is presumed innocent. The government must overcome that presumption.
Acquittal
If the government fails to prove its case, the defendant is released and cannot be retried for that crime.
Civil case
Notice and opportunity to be heard (e.g., a letter and a written appeal) may be sufficient.
Criminal case
Higher requirements — right to confront witnesses, right to see prosecution's evidence before trial, right to counsel, p
Felony
Serious crime; punishable by one year or more in prison.
Examples
Fraud, arson, homicide.
Misdemeanor
Less serious; punishable by fines, probation, or jail time pending conviction. Examples: trespassing, vandalism, failure
White-collar crime
Nonviolent crimes committed in a professional capacity or by organizations; for financial gain through deception; not st
Blue-collar crime
Traditional street crimes. In business, property crimes are the primary concern.
Property crime
Damage to property. Person crime: injury to a person's body.