Criminal Law

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Ballotpedia: Index of Terms


Criminal law or penal law is a term describing bodies of law that share the characteristic of the potential for punitive measures as a result of noncompliance. It differs from civil cases, which involve individuals or organizations seeking to settle legal disputes. While successful prosecution in a civil case would result in compensation payed to the victim, successful prosecution in a criminal case results in criminal punishment. Such punishments may include fines, incarceration, or execution.[1]

Enforcement and prosecution[edit]

While civil law may be enforced by private parties, criminal law is enforced by the government. Acts classified as crimes include both felonies and misdemeanors. Felonies are more serious offenses, such as murder or rape, and are usually crimes punishable by imprisonment of a year or more, while misdemeanors are less serious offenses, such as petty theft or jaywalking, and are usually punishable by less than a year of imprisonment.[1][2]

Crimes can be broken down into two different elements: the act, or "actus reus," and the mental state, or "mens rea." In order to result in a conviction, the prosecution must convince the judge or jury of both elements of the crime "beyond a reasonable doubt." This is different from civil cases, in which the plaintiff must only show the defendant to be liable by a "preponderance of the evidence."[2]

See also[edit]

  • Index of terms
  • Civil law
  • Trial court
  • Capital punishment

Footnotes[edit]

  1. 1.0 1.1 The Jones Law Firm, P.C., "Criminal law background and definition," accessed December 9, 2015
  2. 2.0 2.1 Cornell University Law School, "Criminal Law," accessed December 9, 2015



Categories: [Judicial terms and definitions]


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