Week 2 Crimes and Torts
Crimes (these are different than torts and other civil matters)
Recall that a violation of a criminal law is considered an offense against society.
Because of this criminal trials are different that other (civil) trials in that:
The violation is prosecuted by a government official (usually the
“prosecutor”);
The violation is punishable by many different things such as prison time or
fines;
The burden of proof is higher, in fact, the prosecutor must prove guilt
beyond a reasonable doubt;
A wrongful mental state is required (usually described as “intent”)
Categories of Crimes
As a general rule, criminal violations are broken down into two categories:
Felonies-serious crimes punishable by death or by imprisonment for a
year or longer; and
Misdemeanors and Petty Offenses-punishable by a fine or imprisonment
for up to one year
While some crimes are not common in a business setting (robbery, burglary,
larceny, arson, etc.), other crimes are commonly associated with legitimate
business practices, and these are usually referred to as White Collar Crimes.
