Criminal Law

A crime is any act that society has deemed contrary to the public good. The act must be injurious to society to be considered a crime. Cases can be criminal or civil.

Civil actions…

are personal in nature, cause individual harm, personal injury or property damage, and result in monetary damages.

Criminal actions…

are deemed against all of society, violating the peace and tranquility of the community.

types of criminal and civil cases

• Civil cases involve a cause of action from which the injury arises
• Medical Malpractice-Falls under Tort Statutes
• Negligence by person or other entity
• Criminal cases involve homicide, assault, rape or abuse, among others
• Felonies – serious crimes such as murder, arson, kidnapping
• Misdemeanors – less serious crimes such as reckless driving, trespassing, vandalism

a Certified Legal Nurse Consultant can help with these cases

• Driving while intoxicated (DWI)/ Driving Under the influence (DUI) cases
• Sexual and physical assault cases
• Child, spouse or elderly abuse cases
• Criminal cases against individual providers and facilities
• Criminal environmental cases
• Any case involving a victim of a violent crime
• Psychiatric defenses and psychiatric issues
• Medicaid and Medicare fraud and abuse cases
• Possession of narcotics cases
• Excessive use of force by law enforcement cases
• Refer to CLNC services which are applied to criminal cases

Elements of a Criminal or Civil Case

• Actus reus – The act committed
• Mens rea – The criminal intent
  • Considers the mental state or reasoning of the individual performing the act

Descriptive words for the mens reus

• Intentional
• Knowingly
• Recklessly
• Negligently
• Maliciously
• With gross disregard

Causation – Did the act induce harm?

Civil Cases

• Plaintiff – person who has sustained damages due to alleged medical malpractice. Has the burden of proof
• Defendant – Health care providers who allegedly caused damages to the plaintiff due to providers negligence
• Must be a reasonable degree of medical certainty (51% or greater) defendants did not meet the standard of care
• Deviation from the standard of care caused damages to the plaintiff

Criminal cases

• Prosecutor – Refers to the government, either state or federal, on behalf of the people. Victims if any are not parties in the case. Must prove beyond a reasonable doubt that the defendant committed the crime, 98-99% certainty of guilt.
• Defendants – Persons accused of the crime, assumed innocent

Verdicts and Outcomes

Civil Verdict

• A civil verdict requires majority of the jury (usually 10 of 12) to agree
• Sometimes a case finishes before a jury hears the case due to settlement or other reasons. If case is tried, the jury finds for the plaintiff or for the defendant

Criminal Verdict

• A criminal verdict must be unanimous
• Sometimes a case finishes before a jury hears the case due to plea-bargaining. If the case is tried, the jury finds the defendant either guilty or not guilty.

Outcome of case

Civil Outcome

• If plaintiff wins-receives monetary compensation from the defendant and or the defendant’s insurance carrier.
• If the jury finds for the defendant, the plaintiff receives nothing.

Criminal Outcome

• If defendant is guilty – receives a sentence.
• Misdemeanor – fine, probation, community service, or a jail term of less than a year.
• Felony – A sentence of one or more years in prison or even death.

Some actions can be both civil and criminal.