Criminal Justice Lecture Notes: Civil vs Criminal Law, Key Terms, Standards of Proof, Mala In Se vs Mala Prohibita, and Part One Offenses

Geography & City Naming Context

  • The speaker references historical/linguistic quirks in NYC neighborhoods to illustrate how local culture affects naming: Regal Park, New York; Jamaica Estates, New York; Astoria, New York (not explicitly 'Queens, New York'); in the Bronx it’s called 'Bronx, New York' anywhere you are; Staten Island is 'Staten Island, New York'; Brooklyn is 'Brooklyn, New York'.
  • Claim: Queens differs because of a lingering village mentality.
  • This context helps set up how terms and systems will be discussed later in the course.

Core Differences: Civil vs. Criminal Law

  • Civil law focuses on rights and duties of individuals; a dispute arises when one party sues another for damages (e.g., a car crash).
  • Damages are the key remedy in civil cases; one party seeks compensation for harm caused by another.
  • Criminal law concerns offenses against society as a whole; the state prosecutes alleged wrongdoers.
  • Societal response in criminal law: if crimes rise (e.g., burglaries), authorities may increase patrols and enforcement.
  • The instructor hints at how policing methodologies will be discussed later in relation to the police department.

Key Terms: Parties & Roles

  • Civil case terminology: the party who brings the lawsuit is the plaintiff.
  • In criminal law, the state acts as the prosecutor; the other party is the defense.
  • The speaker discusses terminology nuances:
    • In civil cases, terms like "respondent" are used by the author for the party who responds; he notes that in many places (e.g., the Midwest), the term for the opposing party might be "defendant".
    • The speaker asserts that in civil cases, the party who responds is called the "respondent" rather than the "defendant"; this reflects jurisdictional differences.
    • In criminal trials, the party on the prosecution side is the prosecutor; the other party is the defense (the defendant).
  • The course focus: American criminal justice; emphasis on the criminal side.

Standards of Proof

  • Civil standard: preponderance of the evidence (more likely than not).
    • Expressed as the intuitive idea:
    • P( ext{guilty}) > P( ext{not guilty}) \,, which is commonly interpreted as \(> 0.5) or \(> 51\%) in practice.
    • The speaker words it as ~51% vs ~49% to illustrate the threshold.
  • Criminal standard: beyond a reasonable doubt; the jury must be convinced to a high certainty of guilt.
  • Conclusion: the two standards govern whether a party wins a civil claim (damages) or a criminal conviction (potential incarceration).

Sentencing & Outcomes

  • Civil outcomes typically involve monetary damages or injunctions rather than jail time.
  • Criminal outcomes can include imprisonment (incarceration) or fines; the ultimate sanction discussed is loss of liberty through imprisonment.
  • The speaker emphasizes the distinction between civil remedies and criminal penalties.

Mala in Se vs Mala Prohibita & The Ten Commandments

  • Latin terms:
    • Malum in se: extmaluminseext(evilwithinitself)ext{malum in se} ext{ (evil within itself)}
    • Mala prohibita: acts that are illegal because a statute prohibits them, but they are not inherently wrong in themselves; example: loitering, certain activities that are prohibited by law but may not be inherently immoral.
  • The speaker cites murder as the quintessential example of malum in se: inherently evil.
  • Discussion of the Ten Commandments to illustrate a blend of behavioral norms and formal laws:
    • The first six commandments address behavior and how to behave; the last four translate into explicit prohibitions.
    • The speaker connects this to divine law and ultimate punishment, noting a sense of divine intervention in moral-order concepts.
  • The speaker uses seat belt laws to illustrate mala prohibita: these are man-made laws intended to protect society but enforced through penalties like fines rather than imprisonment.
  • Additional examples discussed: smoking, secondhand smoke, and vaping; the focus is on prohibitions and public-health motivated rules rather than inherently immoral acts.
  • The instructor contrasts general societal norms (moral behavior) with statutory prohibitions (legal rules).

Prohibitions & Examples

  • Prohibited acts can be categorized as mala prohibita or mala in se, depending on whether they are inherently wrong or legally prohibited.
  • Examples given:
    • Seat belt laws (public safety) – generally enforced via fines rather than imprisonment.
    • Smoking and secondhand smoke regulations; vaping is discussed as a modern concern with regulatory treatment.
    • The lecture notes suggest continuing discussion of how enforcement mechanisms are chosen for different types of prohibitions.

Part One Offenses

  • The course distinguishes between Part One offenses and Part Two offenses; the latter covers white-collar crimes and other offenses (e.g., kidnapping) but is not the focus for the tests.
  • Part One offenses (nine total) listed:
    • Murder
    • Homicide
    • Aggravated assault
    • Rape
    • Grand theft
    • Grand theft auto
    • Robbery
    • Burglary
    • Arson
  • Note on terminology:
    • The instructor mentions the term "homicide" and clarifies it as not spelled as "homo" but noted as having two i’s: homicide.
    • A humorous aside about mispronunciation and the importance of vocabulary in criminal law terminology.

Murder: Degrees

  • There are two categories of murder discussed: Murder in the first degree and murder in the second degree.
  • The instructor begins to explain what constitutes murder one vs murder two but the transcript cuts off mid-explanation, so exact criteria are not provided in this segment.

Additional Notes & Real-World Relevance

  • The speaker includes practical classroom touches (e.g., planning for crime-scene experiments in a future class, references to research methods and a crime-scene context).
  • The discussion ties foundational legal concepts to real-world policing and courtroom practice, illustrating how terminology, standards of proof, and offense classifications affect outcomes in the justice system.

Quick Reference Companion (Key Terms to Know)

  • Civil vs Criminal: private dispute damages vs crimes against society.
  • Plaintiff: party who initiates a civil lawsuit.
  • Respondent/Defendant: party responding in civil cases; terminology varies by jurisdiction; in criminal cases, the accused is the defendant.
  • Prosecutor: state’s attorney in a criminal case.
  • Beyond a reasonable doubt: the criminal standard of proof.
  • Preponderance of the evidence: civil standard of proof (more likely than not, ~51%+).
  • Mala in se: extmaluminseext{malum in se} — evil in itself.
  • Mala prohibita: acts prohibited by statute but not inherently immoral.
  • Malum prohibitum examples: loitering, certain regulatory offenses.
  • Part One offenses: Murder, Homicide, Aggravated assault, Rape, Grand theft, Grand theft auto, Robbery, Burglary, Arson.
  • Part Two offenses: White-collar and other offenses not covered in Part One (not the focus for the exam in this segment).
  • Degrees of murder: first-degree vs second-degree (criteria not fully specified in this excerpt).