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A crime can be defined as something which someone does or fails to do when expected by law which is classed under law as a wrongful act and is punishable under the law of the state? |
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ANSWER by BipolarAttorney 02/05/08
I am not entirely sure I understand the question, but here goes - the law can genernally be divided into two separate classifications: civil and criminal.
A civil case is when one "individual" is harmed by another. An "individual" can be a person or a legal entity, like a corporation. The issues are generally financial, in nature, and are resolved through awards of monetary damages and at times court orders, such as injunctions (e.g. preclusion of an act) or writs of mandamus (e.g. commands to perform an act).
A criminal case is when an individual performs an act that is not only considered harmful to another individual but considered so heinous as to be harmful to "society" as a whole. Murder, rape, battery, assault and theft are some common examples of criminal acts. In the United States, criminal acts are determined and defined by each individual state's statutes. Criminal acts are prosecuted by the state, acting on behalf of the people of that state, hence court proceedings being entitled, "The people of the state of Illinois versus John Doe." One of the defining differences between civil and criminal proceedings is that criminal proceedings are punishable by incarceration.
A crime, can be an affirmative act (i.e. stabbing another human being) or the failure to act in a way prescribed by a state's criminal statute (i.e. not wearing a seatbelt). Criminal statutes are published and define what act is considered to be a violation and what the requisite level of punishment is possible. While the criminal statutes are published, it is generally not an acceptable defense to a crime to say you did not know of the law, of which you were in violation.
First answer by ID1380396088. Last edit by Sicktoaster. Contributor trust: 83 [recommend contributor]. Question popularity: 12 [recommend question]
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