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.