Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Criminal vs civil law
Criminal vs civil law
Differentiate between a civil case and criminal case
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Criminal vs civil law
1. The charge against Peoples was fraud, a criminal offense. Compare and contrast a criminal complaint with a civil complaint. Identify three significant differences.
The three differences between a criminal and a civil complaint are:
1. The civil case is usually the standard proof of “preponderance of evidence”. For the criminal case is usually “beyond a reasonable doubt” to get the standard for proof.
2. In the judicial process in a civil case, starts with a plaintiff of complaining against the defendant and for the criminal case the judicial process starts with violating the law followed by criminal investigations.
3. A verdict on a court case of a civil case is usually economic compensation and for the criminal case are stricter that
Damages in the United States include two categories. Compensatory damages are intended to compensate for the plaintiff’s loss. Punitive damages, on the contrary, are meant to punish the defendant .The punitive damages exceed the plaintiff’s loss, to dissuade the defendant from any further wrongdoings. For instance, having a company pay significant punitive damages may encourage it to greater caution. Another difference between the two categories is the money involved. If the damages are compensatory, the money usually goes entirely to the plaintiff, but if they are punitive, part of the money goes to the law firm and part to the plaintiff.
McCormick, Charles T. Handbook of the law of evidence. 2nd ed. St. Paul: West Publishing Co., 1972. Print.
1. Make specific and general discussion comments that define and differentiate between the inchoate crimes of "attempt, solicitation, and conspiracy." Give examples of each of these criminal law key term words.
Additionally, find a criminal court case that contains an example of relevant, reliable or competent evidence. You can use findlaw.com or other search engines to locate a useful case. Theodore Robert Bundy vs. State of Florida.
The criminal justice process and the criminal court system go hand in hand. The criminal justice process is a sequence of events that a person who is accused of a felony will progress through. This process varies from state to state or jurisdiction and varies according to the seriousness of a crime or whether the accused is a juvenile or an adult. Generally, the criminal justice process involves several specific stages; however, not every case will include each stage or even follow a certain sequence. According to Matthew Lippman’s Essential Criminal Law (2014), these stages include:
In addition, the defendant’s erratic behavior that raised suspicion could also be used to prove the burden of proof. The fact that the defendant indicated that his wife was deceased, while she was still alive, can demonstrate that the murder was planned. Moreover, the defendant’s strategic travel to San Diego after Laci’s Peterson body and fetus were discovered and the change in the defendant’s physical appearance can be used to allude to the proof of the defendant’s consciousness of guilt. Also, the items removed from the defendant’s car during the traffic stop, specifically the thousands of dollars in cash, can indicate that the defendant planned to flee the country at some point during his trip to San Diego. Lastly, the chain of events that took place during the period of the victim’s disappearance and the discovery of her body, and the defendant’s secret lover becoming a key witness, was used to strengthen the circumstantial evidence.
...tz et. al. 1997). “The standard of proof in a trial is one such fundamental tenet of criminal law.” (Horowitz et. al. 1997).
Throughout the years there have been limitless legal cases presented to the court systems. All cases are not the same. Some cases vary from decisions that are made by a single judge, while other cases decisions are made by a jury. As cases are presented, they typically start off as disputes, misunderstandings, or failure to comply, among other things. It is possible to settle some cases outside of the courts, but that does require understanding and cooperation by all parties involved.
A wrongful conviction is the worst thing that a jury, witness, investigator or judge could be responsible for. The burden and the guilt that will be placed on the shoulders of them, knowing an innocent person had to spend time out of their personal life in prison is unbearable. Nobody is perfect, but everybody should try to be as close as possible to perfect when they are putting a person in prison for a crime they are sure they committed. Compensation will help the innocent victim who had to waste time in prison but nothing will replace the time missed away from families and many families turn on and hate the person thrown in jail because they thought they were indeed guilty, little to their knowledge their innocent. Money can sometimes buy happiness, but it cannot replace lost love and wasted time in prison.
The criminal trial process is able to reflect the moral and ethical standards of society to a great extent. For the law to be effective, the criminal trial process must reflect what is accepted by society to be a breach of moral and ethical conduct and the extent to which protections are granted to the victims, the offenders and the community. For these reasons, the criminal trial process is effectively able to achieve this in the areas of the adversary system, the system of appeals, legal aid and the jury system.
Evidence collection is a crucial part of forensics. Its reliability can be compromised by input bias from law
and remedies applied by courts of law in civil proceedings giving the plaintiff or claimant relief
The Methods of Discovery is when both parties present all the evidence that they have. Both parties have the right to interview all witnesses of all the ...
The courts have the function of giving the public a chance to present themselves whether to prosecute or defend themselves if any disputes against them rise. It is known to everyone that a court is a place where disputes can be settled while using the right and proper procedures. In the Criminal court is the luxury of going through a tedious process of breaking a law. Once you have been arrested and have to go to court because of the arrest, you now have a criminal case appointed against you. The court is also the place where a just, fair and unbiased trial can be heard so that it would not cause any disadvantage to either of the party involved in the dispute. The parties are given a chance to represent themselves or to choose to have a legal representative, which is mostly preferred by many.
Criminal and Civil Law – Criminal law is the law through which public commitment of crimes are prosecuted by governing bodies, whereas civil law is the law through which private parties may bring lawsuits against one another for real or imagined wrongdoings. E.g. criminal law would deal with the prosecution of a crime such as one person hitting another with their car, and civil law would deal with the lawsuit, as the person hit would sue the driver of the car for monetary compensation.