JC

Criminal Justice: Key Terms (Chapter 1-7) – Vocabulary

Civil vs Criminal: Core Distinctions

  • Civil case: private dispute; penalties typically monetary; does not involve incarceration.

  • Criminal case: acts society deems harmful; may involve loss of liberty (jail/prison).

  • Intent matters: accidents vs. purposeful acts can change classification from civil to criminal.

Burden of Proof: Standards in Civil vs Criminal

  • Burden of proof defines how much evidence is needed to prove a claim.

  • Criminal standard: ext{beyond a reasonable doubt} (BRD) — very high level of certainty; rough framing discussed as 90\% \text{ to } 100\% certainty.

  • Civil standard: ext{preponderance of the evidence} — more likely than not; roughly >50\%.

  • Clear and convincing evidence: intermediate standard, often cited as around 0.75 (about 75%).

  • Practical upshot: criminal cases require stronger proof because of potential loss of freedom; civil cases rely on monetary remedies.

  • Benjamin Franklin principle: it is better that 100 guilty go free than one innocent person be incarcerated.

Punishments and Penalties

  • Criminal: possible loss of freedom (jail/prison); may include fines or restitution as well.

  • Civil: monetary damages, fines, and restitution, but not incarceration.

  • Note: criminal convictions can still involve monetary penalties (fines, restitution); civil cases can’t incarcerate a person.

What Is a Crime? Behavior + Law

  • Crime = behavior society condemns + law prohibiting that behavior.

  • Laws are created by the legislature to deter or prevent unacceptable behaviors.

  • The sequence: society dislikes a behavior → legislature enacts a law → enforcement/punishment follows.

  • Attitudes about what is “bad” can change over time; laws can change accordingly (e.g., prohibition, marijuana legality).

Government Structure and Jurisdiction

  • Three branches of government: Legislative (makes laws), Executive (enforces laws), Judicial (interprets laws).

  • All levels have three branches: federal, state, and municipal.

  • Legislature consists of elected officials (e.g., Senators, Representatives).

  • Jurisdiction: who has the power to determine what is criminal or what is “bad” under the law.

  • Friday focus assignment: define jurisdiction and examine current events in Washington, DC and Chicago to see how jurisdiction affects crime control.

Practical Examples and Concepts from the Transcript

  • Theft: taking something that isn’t yours; a form of crime if prohibited by law.

  • Robbery: theft plus force or fear; stricter criminal consequences.

  • Evidence and context: posture, demeanor, prior disputes, and relationships can elevate an incident from civil to criminal when there is intent or animosity.

  • Evidence can include marks, witnesses, testimony about intent, and the nature of the dispute.

  • Dispute and crime: a dispute with intent or harmful conduct can transform civil liability into criminal liability.

Key Terms to Remember

  • BRD: \text{beyond a reasonable doubt}

  • Preponderance of the evidence: >50\% likelihood

  • Clear and convincing evidence: roughly 75\% likelihood

  • Burden of proof: amount of evidence required to prove a claim

  • Jurisdiction: who has the authority to determine what is criminal or illegal in a given context

  • Abhorrent / Reprehensible: terms describing behaviors a society deems unacceptable

Friday Assignment Preview

  • Research: What part of government is responsible for crime control and determining what constitutes a crime?

  • Compare federal, state, and municipal jurisdiction and consider how current events in DC and Chicago relate to jurisdiction and crime control.