Law
Fact-checked

At MyLawQuestions, we're committed to delivering accurate, trustworthy information. Our expert-authored content is rigorously fact-checked and sourced from credible authorities. Discover how we uphold the highest standards in providing you with reliable knowledge.

Learn more...

What is Criminal Liability?

Mary McMahon
Mary McMahon
Mary McMahon
Mary McMahon

Criminal liability is the legal responsibility for a crime against the state, making the perpetrator subject to prosecution in a court of law and punishment, if convicted. The standards for criminal liability vary by jurisdiction around the world, reflecting different attitudes about criminal justice and the legal system. Generally, for a court to find criminal liability, the perpetrator must have actually committed the crime and acted with intent, in contrast with civil liability, where intent is not a requirement.

Individual nations all have their own sets of criminal codes covering topics like arson, murder, assault, and so forth. When police officers identify a crime, they conduct an investigation to see if it is possible to locate a suspect and gather supporting information the government, represented by a prosecutor, can use to press a case in court. A person with criminal liability may be subject to jail time, fines, and punishments like mandatory community service, depending on the nature of the crime.

Criminal liability involves crimes against the state.
Criminal liability involves crimes against the state.

The state must show that a person committed the crime in question, with the intent to do so. For example, if the state accuses a person of murder, it must show that the person killed the victim and meant to commit murder, using evidence like statements made prior to the crime, or the presence of a motive like standing to inherit large amounts of money from the decedent. If intent is not present, there may still be civil liability. For instance, if a housekeeper waxes a floor and fails to warn the homeowner, and she slips and breaks her neck, the court may rule that the housekeeper had no intent to commit murder, but is still liable for the death through negligence.

Drunk driving is an example of a civil liability issue that may become criminal if someone is killed.
Drunk driving is an example of a civil liability issue that may become criminal if someone is killed.

Defenses in cases where criminal liability is at issue can involve either attacking the claims of intent, or questioning whether the defendant committed the crime at all. A defense attorney might suggest that a death happened accidentally, for instance, and while tragic, it is not grounds for criminal penalties. Likewise, in an assault case, an attorney might challenge the evidence linking her client with the crime, arguing that the client didn't commit the assault.

Criminal liability involves the intent to commit a crime.
Criminal liability involves the intent to commit a crime.

In some jurisdictions, certain kinds of crimes ordinarily treatable as civil matters may become criminal. The most common example is drunk driving. Under civil law, drunk driving could be considered a civil legal issue, because a driver is behaving negligently, and will be liable for financial damages in the event of an accident, but not criminal penalties. If the driver kills someone, it may become an issue of criminal liability, under the argument that the driver knowingly drove while drunk, aware of the risks to others. Distinguishing between civil and criminal liability when taking a matter to court is important, because the consequences are very different.

Mary McMahon
Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a MyLawQuestions researcher and writer. Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.

Learn more...
Mary McMahon
Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a MyLawQuestions researcher and writer. Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.

Learn more...

Discuss this Article

Post your comments
Login:
Forgot password?
Register:
    • Criminal liability involves crimes against the state.
      By: donserhio
      Criminal liability involves crimes against the state.
    • Drunk driving is an example of a civil liability issue that may become criminal if someone is killed.
      By: jedi-master
      Drunk driving is an example of a civil liability issue that may become criminal if someone is killed.
    • Criminal liability involves the intent to commit a crime.
      By: kilukilu
      Criminal liability involves the intent to commit a crime.
    • Criminal liability can be shown if someone had a motive for committing a murder.
      By: Ocskay Mark
      Criminal liability can be shown if someone had a motive for committing a murder.