Question

What 2 basic elements must exist before a person can be prosecuted for a crime? Explain.

Can a corporation be prosecuted for crimes? Explain.

Explain the key differences between civil law and criminal law.

Can a person be prosecuted and sued for the same act? Explain.

Answer 1

1. Below are the 2 elements that must exist before a person can be prosecuted for a crime

1. Criminal Act or Mental State- Mental State Refers to the crime's mental elements of the defendant's intent. This is a necessary element that is, the criminal act must be voluntary or purposeful. If the defendant’s state of mind is guilty, only then the act is guilty. This varies depending on the offense. In general, guilt can be attributed to an individual who acts purposely, knowingly, recklessly, or negligently.
2. Criminal Intent- Individual performed an illegal act, this is also called the external element or the objective element of a crime.

2. Can a corporation be prosecuted for crimes?

Corporations are legal persons capable of suing and being sued, and capable of committing crimes. A corporation may be held criminally liable for the illegal acts of its directors, officers, employees, and agents. Corporations cannot be imprisoned but can be denied certain legal privileges.

3. The key differences between civil law and criminal law are as below:

1. Criminal Law- This is the law of crimes and their punishments. Civil law deals with disputes between one entity and another. The cause of action in these cases can be initiated by private as well as public parties. Examples include Bankruptcy, defamation, etc.
2. Criminal Law- This is the law of civil or private rights. Deals with an individual’s offenses against the state or federal government. Offense against the state essentially means breaking a criminal law established by government. Examples include Homicide, Assault, etc.

4. A person cannot be charged twice in one state for the same crime he or she was convicted for, however one can be charged twice in different states for the same crime. Conduct can be treated as two (or more) separate criminal acts if that conduct violated the laws of more than one state. Furthermore, if that conduct was a federal offense, one may be tried and convicted in both a state and federal court