Criminal Law

What is a crime?

A crime is an act that causes social harm by violating rights and duties shared by the whole community.

Why does a crime harm the entire community, not just the victim?

Because it breaks a rule that protects everyone in society, affecting shared rights and responsibilities.

What is an example of a shared right in society?

The right to remain safe is a shared right that belongs to everyone.

What type of law is criminal law considered to be?

Public law.

Who handles crimes under criminal law?

Public lawyers, such as prosecutors, who represent the entire community.

Why don't private lawyers typically handle crimes?

Because crimes are considered offenses against the public, not just individuals.

What is criminal law?

Criminal law is the area of law that defines what actions are considered crimes.

What does the study of criminal law involve?

Learning what actions are crimes and the rules for holding someone legally responsible for committing them.

What is the main punishment in a criminal case?

The criminal conviction itself, not just jail time or a fine.

Can civil cases result in a loss of liberty?

Yes, such as involuntary confinement for mental illness or sexual predation.

Is a criminal punishment always harsher than a civil one?

Not necessarily; it can be greater or even less, depending on the situation.

What truly distinguishes criminal law from civil law?

The public shame, societal condemnation, and stigma that comes with a criminal conviction.

Why might someone prefer jail over a civil judgment?

If they lack money, jail may be less burdensome than paying steep fines in a civil case.

When does it become hard to distinguish criminal law from civil law?

When the law treats behavior as a crime even though it may not deserve moral blame.

What is the role of a guilty verdict in criminal law?

It expresses society's moral outrage and condemnation of the behavior.

What is criminal law supposed to reflect, beyond just legal wrongdoing?

Moral wrongdoing — the idea that the act was not just wrong, but morally wrong.

Why is blurring the line between criminal and civil law a problem?

Because criminal law involves moral condemnation, applying it to behavior that lacks moral blame can undermine justice.

How were crimes categorized under old English common law?

As either felonies (serious crimes) or misdemeanors (less serious crimes).

What was the punishment for felonies under common law?

Loss of land and property, and often a death sentence

Name the crimes that were considered felonies under common law

Homicide, arson, mayhem, rape, robbery, larceny, burglary, prison escape, sodomy

What were misdemeanors under common law?

All the other crimes that weren't felonies.

How are felonies defined in modern law?

Crimes punishable by death or imprisonment in a state prison.

How are misdemeanors defined in modern law?

Less serious crimes usually punished by a fine, time in local jail, or both.

What additional classification exists in some modern legal systems for very minor offenses?

Violations or infractions, which do not result in jail time (e.g., traffic tickets).

What is the purpose of dividing felonies and misdemeanors into degrees?

To help determine the appropriate sentence based on the severity of the crime.

What does the study of criminal law go beyond?

It goes beyond just learning what actions are crimes.

What are doctrines in criminal law?

Rules and ideas developed over time to decide when it's fair to hold someone legally responsible.

What are the "rules of criminal responsibility"?

Legal standards that determine when causing harm becomes punishable under the law.

What shift do criminal responsibility rules help determine?

When it's fair to move from the fact "D caused X" to the judgment "D should be punished for X."

What is the core question in criminal law regarding harm?

When is causing harm blameworthy enough to deserve legal punishment?

What does the Sixth Amendment guarantee to people accused of a crime?

The right to a speedy and public trial by a fair jury.

Where does the Sixth Amendment apply?

In both federal and state courts.

What is the purpose of the Sixth Amendment right according to the Supreme Court?

To protect people from government abuse.

Can an accused person choose to have a jury trial instead of a judge?

Yes, if they request it.

Does the Sixth Amendment apply to petty offenses?

No, it only applies to serious crimes.

When is a crime considered not petty?

When the punishment is more than 6 months in jail or is less than 6 months but includes severe penalties like large fines.

Do people charged with misdemeanors have the right to a jury trial?

Yes, in many misdemeanor cases if the offense is considered serious.

How many people are usually in a jury for a felony criminal trial?

In federal courts and in nearly all states, a jury in a felony criminal trial has 12 people.

Do all jurors have to agree on the verdict in a felony trial?

Yes, all 12 must agree to either convict or find the person not guilty (acquit).

Can juries be smaller than 12 people?

Yes, it is allowed to have smaller juries with as few as six people.

Do all states require unanimous verdicts?

Some state laws allow verdicts that aren’t unanimous, as long as a substantial majority agree to convict.

What is one purpose of having juries?

Juries protect people accused of crimes from unfair treatment by the government.

What is another purpose of juries besides protecting the accused?

Juries let regular members of the community help decide if someone is guilty.

What does the Sixth Amendment say about jury representation?

A person has the right to a jury drawn from people who fairly represent the community.

When is the Sixth Amendment right violated in jury selection?

When big, clearly recognizable groups—like women, racial minorities, or followers of a major religion—are left out on purpose and without a good reason.

What does “burden of proof” mean in a criminal trial?

It means the prosecutor must prove every part of the crime beyond a reasonable doubt.

What must the jury or judge believe to convict someone?

They must be very sure the person is guilty before convicting.

What part of the Constitution requires proof beyond a reasonable doubt?

The Due Process Clauses of the U.S. Constitution.

What is the main issue in jury nullification?

Whether a jury should acquit someone even if the prosecutor proved the person committed the crime.

What does it mean to “nullify” the law as a juror?

It means ignoring the law and acquitting someone if the juror believes it’s justified.

What is the first reason jurors can nullify the law?

Juries usually return a general verdict (“guilty” or “not guilty”) and don’t have to explain it.

What is the second reason jurors can nullify the law?

The Fifth Amendment says a person can’t be tried twice for the same crime.

What happens if a jury says “not guilty” even if the person broke the law?

The government cannot try the person again, even if they disagree.