CJ 9-6 - Malum in se- (bad in itself) murder, rape, assault...

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Criminal Law (murder) Plaintiff: state Burden of Proof: (95%) beyond a reasonable doubt Jury: unanimous Penalties: loss of life or liberty 5 th Amendment: not to testify against self Civil Law (wrongful death) Plaintiff: individual Burden of Proof: preponderance of evidence (50% + .1) Jury: 9/12- CA, 10/12 TX super majority Penalties: money damages NO 5 th : can testify Misdemeanor - less than one year in jail Felony - more than one year in jail (prison)
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Unformatted text preview: Malum in se- (bad in itself) murder, rape, assault Malum prohibitum- drive on left side of road, crimes attached to certain codes, ex: motor vehicle code or safety code, fire code, health code- serving food w/o hairnet Commission- action involved (pulling gun) Omission- failure to FTA- failure to appear FTO- failure to obey Homicide by Omission- under contract to take care of someone and they die...
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