Civil Law Case Study

Crime refers to either a commission or an act that is prohibited or omission of a responsibility that is required by the law of land and that makes the offender punishable by the same law. This is regarded as gross violation of the law. The relationship between crime and law is clear cut. Law is defined as a set of rules that govern a particular society and dictates what one should do and what they should not (Zastrow, 2010). Further, law provides remedies for violation and omission.

Friedman he questions the specific reasoning behind what actually determines a crime to be classified as a crime. He elaborates on the different kinds of crimes and the way that they affect people. Such as being physically abused or attacked. He questions if the legality of the situation is the determining factor for punishment or if criminal behavior is more harshly judged by the people. He claims the concept of crime is a legal one.

A crime is an act punishable by the state that causes harm or discontent against a community or individual. Crime is known to be “an action or omission that constitutes an offense that may be prosecuted by the state and is punishable by law”1. Crime can be classified through a variety of elements which violate the rights of a community at large. Acts of crime are punishable upon proof of guilt that are presented in the court of law. Consequently, criminal law is the law which defines these crimes and may aid or establish their subsequent punishments.

The Mythology of Crime and Criminal Justice Crime is defined as: commission of an act or act of omission that violates the law and is punishable by the state. Crimes are considered injurious to society and the community. As defined by law, a crime includes both the act, or actus rea, and the intent to commit the act, or mens rea. Criminal intent involves an intellectual apprehension of factual elements of the act or acts commanded or enjoined by the law. It is usually inferred from the apparently voluntary commission of an overt act.

(Crime control model) This paper will compare and contrast the role that the due process and crime control models have on shaping criminal procedure policy. Some of the differences between the due process model and the crime control model are in the due process model people that are arrested are perceived to be innocent until proven in a court of law. The crime control model believes that the people that are arrested are guilty and need to be punished by the government. Another difference with both models is the due process model believes that policing within the criminal justice system is essential to maintaining justice within society. The crime control model believes that the arresting of people in the criminal justice system has a negative effect and slows down the process of the criminal justice system.

Second, a criminal act involves either criminal intent or guilty mind (mens rea). There are levels in criminal intent (which are relevant to guilt and punishment), the intent to harm in general is a necessary part in a typical case involving personal injury. Unlike civil wrongs that are generally concerned with harm caused by negligent or reckless behavior, criminal wrongs are necessarily the product of intentional, eventually cruel, behavior. Criminal acts are subjected to punishment. Any individual who commits a crime puts himself or herself at risk for punishment.

The self-defense justifications can be used when a person commits a crime such as assault or murder when the defendant believed they were about to be or already been physically harmed. There are stipulations to this defense, such as the defendant cannot use more force than what is reasonable. Another fact is that the danger the defendant felt has to be Affirmative defenses 3 immediate. What this means is that the defendant cannot claim that they committed the crime because they felt they would be in danger in the future. The laws are different in every state as for some states will allow you can use self-defense if the danger is not immediate.

After reading this paper the reader should have a better understanding on how the Criminal Justice System works and why it is needed help promote a safe environment for our society. In order to understand what crime is we must first look at the definition of what criminal activity is. The term crime comes from a classification of wrongdoing that were established by state or Congress as a felony or misdemeanor, which is committed against a public law. Crime is defined as all deviance involving violating norms, but some norms attract the attention of the authorities. Acts that have been declared illegal by some authority are called crime (Curry, Jiobu, & Schwirian, 1999).

Laws serve several purposes in the criminal justice system. The main purpose of criminal law is to protect, serve, and limit human actions and to help guide human conduct. Also, laws provide penalties and punishment against those who are guilty of committing crimes against property or persons. In the modern world, there are three choices in dealing with criminals’ namely criminal punishment, private action and executive control. Although both private action and executive control are advantageous in terms of costs and speed, they present big dangers that discourage their use unless in exceptional situations.

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.