Criminal law. involves the prosecution by the state of a person for an act that has been classified as a crime. Prosecutions are initiated by the state. - презентация

1 Criminal law

2 involves the prosecution by the state of a person for an act that has been classified as a crime. Prosecutions are initiated by the state through a prosecutor, while in a civil case the victim brings the suit.

3 Criminal law A court may sentence an offender to: execution, corporal punishment or loss of liberty (imprisonment or incarceration); suspend the sentence; impose a fine; put the offender under government supervision through parole or probation; place them on a community service order.

4 Criminal law commonly proscribes offences against the person e.g. assault, offences against property e.g. burglary, public-order crimes e.g. prostitution business, or corporate, crimes e.g. insider dealing.

5 Two elements of crimes a criminal act (actus reus)criminal intent (mens rea). To secure a conviction, prosecutors must prove that both actus reus and mens rea were present when a particular crime was committed.

6 Two elements of crimes exception of strict liability crimes such as statutory rape and certain traffic offences.

7 the burden of proof on the prosecutor to persuade the trier -judge - jury that the accused is guilty beyond a reasonable doubt of every element of the crime charged.

8 Proof If the prosecutor fails to prove this, a verdict of not guilty is rendered.

9 Proof This standard of proof contrasts with civil cases, where the claimant generally needs to show a defendant is liable on the balance of probabilities. In the USA, this is referred to as the preponderance of the evidence..

10 Some jurisdictions distinguish between -felonies (serious offences, such as rape) - misdemeanours (not serious offences, such as petty theft). Same incident may sometimes lead to both a criminal prosecution and an action in tort.