Components of Crime
There are usually two components to criminal conduct that must be proven by the prosecutor. The prosecutor
prosecutes the case against the accused: mens rea (the criminal, or guilty, or “wrongful” mind) and actus
reus (the criminal, or guilty, or “wrongful” act).
Each statute creating a crime is supposed to include a description of:
a.
the mental state (mens rea) required to establish that the suspect committed the crime, coupled with
b.
a description of the conduct (actus reus) that the suspect must have done.
The statute generally also indicates the category of crime (felony/misdemeanor/gross misdemeanor).
Criminal Procedures
Generally, the first pleading filed by the prosecutor is called the information. (This step could be described as
the criminal counterpart to a civil “complaint.”)
The next stage is called the arraignment, where the defendant appears in court so that the court can
determine or confirm his or her identity, inform the defendant of the charge the prosecutor has filed against
him or her, and hear the defendant’s plea.
Then, there will be discovery and trial. In criminal cases, the jury will convict only if convinced “beyond a
reasonable doubt” that the defendant committed the crime, and the verdict must be unanimous. This type of
case involves a higher burden of proof than in civil cases.
Criminal and Civil Law
Criminal law addresses behaviors that are offenses against the public, society, or state. Examples of criminal
law offenses include assault, drunk driving, and theft. In contrast, civil laws address behavior that causes an
injury to the private rights of individuals in areas such as child support, divorce, contracts, property, and the
person. Examples of civil law offenses include libel, slander, or contract breaches.
Criminal and civil cases differ in who initiates the case, how the case is decided, what punishments or penalties
are issued, requirements of proof, and legal protections provided.
Chapter 5 Criminal Liability
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