Answer to Question 1
The elements required for criminal liability are:
Actus reusA guilty act.
Mens reaA wrongful mental state, or intent.
The defenses that can be raised against criminal liability are:
The defendant lacked the required degree of criminal intent.
Self-defense.
Defense of others.
Defense of property.
Statute of limitations.
Other defensessuch as mistaken identity, alibi, and violations of procedural law, which often include constitutional safeguards.
Answer to Question 2
A crime differs from a tort in that a crime is an offense against society as a whole. Also, criminal defendants are prosecuted by a public official on behalf of the statenot by their victims or other private parties as they would be under the tort law. A third difference is that those who have committed crimes are subject to penaltiesincluding fines, imprisonment, and in some cases, deathto punish the wrongdoer in an attempt to deter others from similar actions. Tort remedies are generally intended to compensate the injured party by awarding money damages. A fourth factor distinguishing criminal law from tort law is that criminal law is primarily statutory law, while tort law is based primarily on common law. A fifth factor is the higher standard of proof required in criminal cases. In a civil case, the plaintiff usually must prove his or her case by a preponderance of the evidence. In a criminal case, the state must prove its case beyond a reasonable doubt. A final factor that distinguishes criminal law from tort law is the fact that a criminal act does not necessarily involve a victim, in the sense that the act directly and physically harms another.
The major classifications of crime are felonies, misdemeanors, and petty offenses (or infractions).
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