Crimes are part of the legislature and a statue or written law is enforced (Suber n.d). The focus of the criminal case is on the punishment of a criminal and the moral wrong that has been committed and not the actual injury to the victim (Suber n.d). Torts are usually brought up in a civil court and perused by the victim of the injury and the victim if they are able to prove burden or persuasion against the defendant and that they are guilty, compensate for the injury or wrong that has befallen the plaintiff (Suber n.d). Punishmen... ... middle of paper ... ...ty, http://legal-dictionary.thefreedictionary.com/Beyond+a+Reasonable+Doubt LaMance, K. (n.d.). Intentional infliction of emotional distress by employers.
Differences of criminal law and civil law • Criminal law refers to rules and statues that define conduct prohibited by the government because it endangers society. It prohibits and punishes wrongful actions. The plaintiff is the prosecutor who files the complaint and the defendant is the individual or organization who have appeared to broken the law. The purpose is to deal with the disputes between individuals and/or organizations, in which compensation is awarded to the victim. Almost always a jury is involved, who is a group of peers determining whether or not the accused is guilty.
Crime: Crime is typically classified as either a property or personal crime. Personal crimes embody crimes of violence like murder and theft. With a private crime you'll have a offender and a victim. Property crimes area unit simply that, crimes against a bit of property wherever there's no use or threat of force against someone. the foremost common crime sorts area unit violent crimes, white collar and company crime, social group, and crime.
Criminal law vs. Civil litigation The law is used to safeguard the lives, freedoms, rights, and property of the citizens (Nonet 34). There are two major bodies of law: criminal law and civil law. Criminal law is a set of rules and statutes that identifies behavior forbidden by the government as it threatens and harms public safety and interests and that determines punishment to be imposed for the commission of search act. The main purpose of criminal law is to punish the person who perpetrated the crime, for the purpose of passing on a message to the person and the society at large, not to commit the crime; otherwise, they will get punished for committing the act (Schmalleger 85). When a person commits an act that is prohibited by the law he or she risks being prosecuted.
There are two types of law in the U.S. judicial system: criminal law and civil law. Civil law is considered as a law that is designed to address private wrongs. “A private citizen who believes that he or she has been injured in some way by another may sue that party for damages” (Hemmens, Brody, & Spohn, 2013). Civil law as stated before is the settling of disputes between private citizens since many disagreements can arise concerning anything from property, contracts, and even personal injuries. Therefore, civil laws can provide citizens remedies for the individuals who are considered harmed by another.
Punishments may include death, imprisonment, exile, fines, forfeiture of property, removal from public office, and disqualification from holding such office. Unless the act of which a defendant is accused is expressly defined by statute as a crime, no indictment or conviction for the commission of such an act can be legally sustained. This provision is important in establishing the difference between government by law and arbitrary or dictatorial government. Under common law, a crime was generally classified as treason, felony, or misdemeanor, but many offenses could not be defined exactly, and the rule was adopted that any immoral act tending to the prejudice of the community was, per se, a crime, and punishable by the courts. Crimes are now usually classified as mala in se, which includes acts, such as murder, so offensive to morals as to be obviously criminal; and mala prohibita, which are violations of specific regulatory statutes, such as traffic violations, that ordinarily would not be punishable in the absence of statutory enactments prohibiting the commission of such acts.
In a civil case, the victim usually hires a private attorney to determine if the offender is liable for the harm caused to the victim. The act that caused the harm is known as a “tort” in the civil court system. The victim controls all key decisions of the case, such as whether to accept settlement or go to trial. The victim of a civil lawsuit is seeking to be compensated for the harm caused, usually with money. The burden of proof is a “preponderance of evidence” which means that one side’s evidence must be more persuasive than the other.
In criminal law a dispute is raised by the state against the individual known as the 'accused'. The accused, as the name suggests, is alleged to have committed crimes against the state and society as a whole by breaking one or more laws. A trial is later held to review the evidence suggesting the individuals involvement. More often than not the accused will be represented by a solicitor,advocate o... ... middle of paper ... ...rates on hand. The maximum penalties that a Justice of the Peace can impose are either 60 days imprisonment or a fine of £2,500.
Roles of Law The law serves many roles in business and society. Where this is most apparent is in its three classifications: 1. 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.
However, liability of damages by law enforcers on a state tort suit entirely depends on the immunities formed by the state law. Kappeler, (2006), alleges that victims of the brutality are expected to sue an officer on the premise of their individual’s constitutional and common law rights being violated. The l... ... middle of paper ... ...with responsibility, accountability and transparency. Subsequently, it will deprive wrongdoers in the police departments of the opportunities to benefit from crimes and illegal activities. In conclusion, civil liabilities benefit citizens who are innocent parties injured by an officer and provide an avenue for them to report instances of police vices and brutality.