1. Chapter One
Introduction to Criminal Law

2. Definition of a Crime
• An act committed in violation of a law
prohibiting it
• An act omitted in violation of a law ordering it
• The government must enact the criminal law
before it can punish an individual
• Criminal laws vary greatly from state to state

3. Criminal Law and Criminal Procedure
• Criminal law: as a topic, covers crimes and
defenses to crimes
• Criminal procedure: as a topic, covers
individual’s rights during the criminal process,
such as investigation, arrest, and prosecution

4. Comparing Civil and Criminal Law
• Civil law has to do with the private rights of
individuals/businesses
• When individuals have a dispute with other
individuals, this dispute can be resolved with a
civil lawsuit, also called civil litigation
• When the civil litigation involves an injury, the
injury action is called a tort

5. Criminal Prosecution
• The government prosecutes a wrongdoer to
protect the public, rather than an individual
suing another individual/business
• One set of facts could give rise to a civil
litigation matter and a criminal prosecution
without violating the principle against double
jeopardy (example: O.J. Simpson case)

6. Characteristics of Civil Litigation
• The individual/business suing is called the
plaintiff
• The individual/business being sued is called
the defendant
• The goal is compensation for an injury
• Compensation awarded by the court is called
damages

7. In a Civil Litigation Matter:
• If the plaintiff and defendant want legal
representation, they will be represented by
private attorneys
• There is no right to a free attorney, so the
defendant must pay for a private attorney
even if he/she did nothing wrong
• If the defendant cannot afford a private
attorney in civil litigation, the defendant must
represent himself/herself

8. Damages:
• Compensatory: compensate for the injury
• Costs: compensate for the costs of suing,
including attorney’s fees
• Punitive: punish the defendant

9. Harm Requirement:
• Because the goal of civil litigation is to
compensate for harm, the plaintiff must be
able to prove harm/bad result
• Without harm, or a victim, the lawsuit will be
dismissed

10. Because Compensation is the Goal:
• Fault is not necessarily a requirement
• Sometimes, a defendant will be liable in civil
litigation if not at fault
• Strict liability: a tort without a “bad intent”
requirement
• Respondeat Superior: the employer may be
liable for an injury caused by an employee
based on ability to pay-even if not at fault

11. Characteristics of Criminal Prosecution
• The government prosecutes, rather than an
individual plaintiff
• In a state crime, the government is sometimes
referred to as “The People” (of the state of. . .)
• In a federal crime, the government is the USA
• The state government is represented by a
prosecutor, often called a District Attorney
• The federal government is represented by a
prosecutor called the United States Attorney

12. The Wrongdoer in a Criminal
Prosecution:
• Is called the defendant, just like civil litigation
• The defendant can be an individual or
business

13. Because the Government is
Prosecuting. . .
• The Constitution governs the proceedings
• This means the defendant gets special
protections
• Freedom from double jeopardy, self-
incrimination, and the right to counsel
• The defendant will get a free attorney (called
a public defender) if facing incarceration and
unable to afford attorney’s fees

14. The goal of a Criminal Prosecution:
• Punishment
• No need for a victim or harm

15. Comparison of Civil and Criminal:
Civil: Criminal
• Parties are called plaintiff • Parties are state/federal
and defendant government and defendant
• Plaintiff and defendant • Defendant may get a free
must pay for private attorney if he/she can’t
attorneys
afford one and facing
• Goal is compensation for incarceration
injury
• No constitutional • Goal is punishment
protections • Constitutional protections
• Harm is a requirement • Victim/harm not required

16. Classification of Crimes
• Felony: most serious, and all range of sentencing
options available, incarceration is in prison
• Felony-misdemeanor: can be prosecuted as a
felony or misdemeanor, depending on the
circumstances
• Misdemeanor: less serious, jail rather than prison
• Infraction: least serious; traffic ticket-fine or
alternative sentencing

17. Purposes of Punishment
• Deterrence: scares people into obeying the
law. General-the public is deterred. Specific:
the defendant is deterred.
• Incapacitation: removes the offender from
society
• Rehabilitation: reforms the offender
• Retribution: gives the public satisfaction
• Restitution: compensates the
victim/government for harm financially

18. Sources of Law
• The places where law comes from
• Constitution, statutes, cases

19. Constitution
• Highest source of law
• Only applies to government action. Intended
to regulate the government to protect the
private rights of individuals
• Individuals are protected by the Constitution,
but do not have to abide by it
• One federal Constitution, and every state has
a state constitution

20. Statutes
• Enacted by the federal legislature (Congress)
or state legislature
• Statutes apply to individuals/businesses
• Includes ordinances, which are enacted by a
city or county
• Cannot conflict with or attempt to supersede
the Constitution

21. Case Law
• Created by judges
• Generally an appeal, rather than a trial
• Based on English common-law principles
• Case law interprets statutes and the
Constitution so is very powerful, although
technically inferior to statutory law
• Judicial review: a case can invalidate a statute
if it is unconstitutional

22. Case Briefing:
• Highlights the most important aspects of a
judicial opinion
• Review the Keeler case brief in chapter one for
a brief format