Chapter 4.

CRIMINAL LAW

TASK 1. The Differences between a Criminal Case and a Civil Case

Crimes are generally offenses against the state, and are accordingly prosecuted by the state. Civil
cases on the other hand, are typically disputes between individuals regarding the legal duties and
responsibilities they owe one another.

Here are some of the key differences between a criminal case and a civil case:
1) Crimes are considered offenses against the state, or society as a whole. That means that even
though one person might murder another person, murder itself is considered an offense to everyone
in society. Accordingly, crimes against the state are prosecuted by the state, and the prosecutor (not
the victim) files the case in court as a representative of the state. If it were a civil case, then the
injured party would file the case.
2) Criminal offenses and civil offenses are generally different in terms of their punishment. Criminal
cases will have jail time as a potential punishment, whereas civil cases generally only result in
monetary damages or orders to do or not do something. Note that a criminal case may involve both
jail time and monetary punishments in the form of fines.
3) The standard of proof is also very different in a criminal case versus a civil case. Crimes must
generally be proved “beyond a reasonable doubt”, whereas civil cases are proved by lower
standards of proof such as “the preponderance of the evidence” (balance of probabilities in the
UK), which essentially means that it was more likely than not that something occurred in a certain
way. The difference in standards exists because civil liability is considered less blameworthy and
because the punishments are less severe.
4) Criminal cases almost always allow for a trial by jury of felonies or serious offences. Civil cases
do allow juries in some instances, but many civil cases will be decided by a judge.

In general, because criminal cases have greater consequences - the possibility of imprisonment and
even death (US) - criminal cases have many more constitutional or human right protections in place
and are harder to prove.

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1.1. Read the text again and complete the table below by filling in the key differences
between a Criminal Case and a Civil Case.
Aspect CRIMINAL CASE CIVIL CASE

Who files/prosecutes the Prosecutor Individuals

case

Type of offense

Possible punishments jail time and monetary monetary damages or orders to

punishments do or not do something.

Standard of proof beyond a reasonable doubt”, lower standards of proof such

as “the preponderance of the
evidence” (balance of
probabilities in the UK),

Role of jury/judge

1.2. Fill in the blanks using information from the reading passage.
1. Criminal cases are considered offenses against the ______state__, while civil cases are disputes
between _______individuals___.
2. In criminal cases, the __________ represents the state, whereas in civil cases the injured party
files the case.
3. The punishment for criminal cases may involve __________, while civil cases usually result in
__________.
4. The standard of proof in criminal cases is __________, but in civil cases it is __________.

Task 2. Common Law Elements of A Crime

A crime is composed of three necessary elements:
● “actus reus”, which refers to the guilty act that must be established in a criminal case. The
“actus reus” in itself sometimes helps define the intention behind the possible results of the
action.
● “mens rea” which is Latin for a “guilty mind”, is the expression used in legal English to refer
to the offender’s ill-intended state of mind, and
● the lack of a valid defense.

Imposing liability in criminal law requires that the defendant be proved to have committed a ‘guilty
act’ with ‘guilty intent’.
Mens rea

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Most crimes require a mental aspect of what a defendant was thinking and what the defendant
intended when the crime was committed. “Mens rea” allows the criminal justice system to
differentiate between someone who did not intend to commit a crime and someone who intentionally
set out to commit a crime.
Actus reus
Actus reus is Latin for “guilty act” and is the physical element of committing a crime. It may be
accomplished by an action, by threat of action, or exceptionally, by an omission to act, which is a
legal duty to act. The concept of “actus reus” is derived from English common law. Under English
common-law principals, an act alone did not make a person guilty of committing a crime. Both
“actus reus”, the illegal action, and the illegal intent were required, since a person must both intend
to commit a crime, and actually take steps toward committing the crime in order to be guilty in the
eyes of the law. “Actus reus” is always required for the commission of a crime, since a person cannot
be found guilty of thinking criminal thoughts, or wishing that a crime would take place.
Strict Liability
Finally, there are some criminal laws, called strict liability laws, that don't require any “mens rea” at
all. In many crimes, the “actus reus” and “mens rea” do not carry equal weight. These laws are
justified by claiming that no matter what you intended, the act itself deserves criminal punishment.
Many strict liability laws involve minors, such as laws prohibiting “statutory rape” and the sale of
alcohol to minors. It doesn't matter that you may have honestly thought that the minor was over 18 in
the case of statutory rape, or over 21 in the case of selling alcohol. These laws often seem harsh, but
the underlying theory behind it is the protection of the minor over the possible innocence of the
defendant.

Task 3. Common-Law Criminal Offenses

Criminal offenses are classified according to their seriousness. For crimes against property, the
gravity of a crime is generally commensurate with the value of the property taken or damaged: the
greater the property value, the more serious the crime. For crimes against persons, the same
proportionality principle applies to bodily injury inflicted upon individuals: the greater the injury, the
more serious the crime. However, numerous other factors can influence the seriousness of a criminal
offense. These factors include whether the defendant had a prior criminal record; whether the
defendant committed the crime with cruelty, malice, intent, or in reckless disregard of another
person's safety; and whether the victim was a member of a protected class such as minors, minorities,
senior citizens, or the disabled. Thus, a less serious crime can be made more serious by the presence
of these additional factors, and a more serious crime can be made less serious by their absence.

Historically, three categories of criminal offenses were known at common law, treason, felony, and
misdemeanor, with treason being the most serious type of crime and misdemeanor being the least
serious. The common-law distinction between treason and felony was particularly important in
England because a traitor's lands were forfeited to the Crown.

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Today every U. S. jurisdiction retains the distinction between felony level criminal offenses and
misdemeanor level offenses. However, most jurisdictions have added a third-tier of criminal offense,
typically called an infraction or a petty offense. Although the definitions of all three offenses differ
in the various common-law jurisdictions, they do share some common characteristics.

In the UK, the distinction between felony and misdemeanour was abolished with the Criminal Law
Act 1967. Yet these notions are still very much present in the terminology, due to the nature of the
legal system based on judicial precedent. The past division has become one between serious and
minor offences, replacing the former arrestable and non-arrestable offences.
3.1. Match each legal term (A–H) with its correct meaning (1–8).

A. Treason 1. A legal system based on judicial precedent, developed in

England.
B. Felony 2. A very minor criminal offense, often punishable only by a fine
(e.g., traffic violation).
C. Misdemeanor 3. A category of crime that is less serious, such as petty theft or
disorderly conduct.
D. Infraction / Petty 4. Previous convictions that may increase the seriousness of a new
offense offense.
E. Protected class 5. Betraying one’s country, historically punished by forfeiture of
land to the Crown.
F. Bodily injury 6. Serious crimes such as murder, rape, or armed robbery, usually
with heavy punishment.
G. Criminal record 7. Harm caused to a person’s body.

H. Common law 8. Groups of people who receive special protection under the law,
such as minors, the elderly, or the disabled.

3.2. Complete the summary below using the correct words from the box.
Word bank: Treason – Felony – Misdemeanor – Infraction – Protected class – Bodily injury –
Criminal record – Common law
Criminal offenses are classified according to their seriousness. Under __________ (1), crimes were
divided into three main categories: __________ (2), which was the most serious; __________ (3),
which included major crimes like murder or robbery; and __________ (4), which referred to less
serious offenses.
Today, in addition to these categories, most U.S. jurisdictions also recognize the __________ (5), a
very minor offense such as a traffic violation.

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The seriousness of a crime depends on many factors, such as the value of property or the level of
__________ (6) caused. It may also increase if the offender has a prior __________ (7) or if the
victim belongs to a __________ (8), such as minors, senior citizens, or the disabled.