This topic contains a solution. Click here to go to the answer

Author Question: List and define the elements of criminal liability. List the defenses to ... (Read 74 times)

littleanan

  • Hero Member
  • *****
  • Posts: 575
List and define the elements of criminal liability.
 
  List the defenses to crimes.

Question 2

Explain the difference between a crime and a tort.
 
  List the major classifications of crimes.



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
Marked as best answer by a Subject Expert

blakcmamba

  • Sr. Member
  • ****
  • Posts: 335
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).




littleanan

  • Member
  • Posts: 575
Reply 2 on: Aug 3, 2018
Great answer, keep it coming :)


jojobee318

  • Member
  • Posts: 298
Reply 3 on: Yesterday
Wow, this really help

 

Did you know?

Children with strabismus (crossed eyes) can be treated. They are not able to outgrow this condition on their own, but with help, it can be more easily corrected at a younger age. It is important for infants to have eye examinations as early as possible in their development and then another at age 2 years.

Did you know?

Although the Roman numeral for the number 4 has always been taught to have been "IV," according to historians, the ancient Romans probably used "IIII" most of the time. This is partially backed up by the fact that early grandfather clocks displayed IIII for the number 4 instead of IV. Early clockmakers apparently thought that the IIII balanced out the VIII (used for the number 8) on the clock face and that it just looked better.

Did you know?

Eat fiber! A diet high in fiber can help lower cholesterol levels by as much as 10%.

Did you know?

Asthma occurs in one in 11 children and in one in 12 adults. African Americans and Latinos have a higher risk for developing asthma than other groups.

Did you know?

One way to reduce acid reflux is to lose two or three pounds. Most people lose weight in the belly area first when they increase exercise, meaning that heartburn can be reduced quickly by this method.

For a complete list of videos, visit our video library