Criminal Law: Joel Samaha
Criminal Law: Joel Samaha
Criminal Law: Joel Samaha
12th EDITION
Joel Samaha
Copyright © 2017 Cengage Learning. All Rights Reserved.
Chapter One
Criminal Law and Punishment in U.S.
Society: An Overview
Crimes injure another individual and the whole Torts injure another individual and the whole
community. community.
Criminal prosecutions are brought by the state against Private parties bring tort actions against other parties.
individuals.
Convicted offenders pay money to the state or serve Defendants who lose in tort cases pay money to the
time in the custody of the state. plaintiff who sued.
Criminal conviction is the condemnation by the whole The tort award compensates the plaintiff who brought
community, the expression of its “hatred, fear, or the suit.
contempt for the convict.”
The state has to prove all elements of the crime by The burden on the plaintiff is to prove responsibility
“proof beyond a reasonable doubt.” by a preponderance of the evidence.
• A teenage boy was found in the park at 11:15 pm. City curfew is
11:00 pm.
• An elderly woman intentionally exits a retail store pushing a cart
containing shoes, groceries, cleaning supplies and a TV without
paying for the items.
• An adult female is walking down the street with an open container of
alcohol.
• While backing out of a parking spot, an adult male hits and severely
injures the child exiting the vehicle next to him. It was determined
the adult male was under the influence of an illegal substance.
Retribution Prevention
Inflicting on offenders Punishment is only a means
physical and psychological to a greater good, usually
pain so that offenders they the prevention or at least
can pay for their crimes the reduction of future crime
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