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The American judicial system
Difference between criminal law and civil law free essay
Justice system in america
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One way of looking at criminal law is that it is dealing with
something of public awareness. For instance, the public has awareness
in seeing that people are protected from being robbed or assaulted.
These are legal problems that fall into the criminal law.
Criminal law involves punishing and rehabilitating offenders, and
protecting the public. Since the public has an interest in having
criminal law, we give the government the power to put it in place and
enforce it. The police and Crown Prosecutors are hired by the
government to put the criminal law into effect. Public funds are used
to pay for these services.
If you are the injured party of a crime, you report it to the police
and they have the duty to investigate. They arrest and charge the
suspect. In most cases, if a charge has been properly laid and if
there is evidence supporting it, the Crown Prosecutor, not the person
who complains of the incident, prosecutes it in the courts. This is
called a system of public prosecutions. Long ago the person who had
been wronged prosecuted the case. The power to prosecute privately
remains, but is used rarely now. Even if a person starts a prosecution
privately, the Attorney General has the power to take over the
prosecution of the case. As a victim, you do not have to be
responsible for enforcing the law. The police and Crown Prosecutor do
their jobs for the public at large, not for you personally.
In a criminal case, the Crown prosecutor must prove the defendant’s
guilt "beyond a reasonable doubt." This means that at the end of a
trial the judge or jury can only find the defendant guilty if they are
left without a reasonable ...
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...th a great deal of malice directed
toward the victim. And to convict in the criminal court, the case
against the defendant must be proven beyond a reasonable doubt.
In a civil case for wrongful death, on the other hand, you have to
show only that the defendant was legally responsible for the death.
But, to get punitive damages, as the plaintiffs did in the O.J. case,
you have to show that the defendant acted recklessly. The burden of
proof in a civil case is preponderance of the evidence -- a much
lesser burden than is required in a criminal case.
So, while a criminal jury might reasonably fail to find guilt beyond a
reasonable doubt and acquit the accused, a civil jury might also
reasonably find by a preponderance of the evidence that he or she
acted recklessly and should be held civilly accountable for the death.
On the above listed date and time, deputies arrived at Hampton County Medical Center, and made contact with the complainant regarding the above listed incident type. Deputies gathered the pertinent information needed to complete this report. The complainant and his mother wrote a voluntary statement. Photos were taken while at the Emergency Room. The complainant was issued a Victim’s Right’s Form along with a case number attached. Deputies attempted to make contact with the subject, no contact was made. Deputies cleared the call and resumed normal patrol duties.
Victims’ rights include being informed of the investigation, being able to make a witness statement, being informed of the charges laid against the accused and being treated with sympathy and compassion. (Charter of Victim’s Rights NT 2016). The rights of the accused are outlined Article 14 of ‘The International Covenant on Civil and Political Rights’, which states that the accused must; be informed of the charges laid against them, have adequate time to prepare and choose a counsel of their choosing, be tried without undue delay, be tried in the presence of the court, not be compelled to testify against themselves or confess guilt and be compensated by the court if wrongfully convicted (ICCPR 1966). These rights must be upheld to ensure equality before the law, however, when neglected justice is denied as illustrated in the Mallard and Raggett
One of the main differences between criminal cases and civil cases is that they are held in different courts, this is because there is a significant distinction between a civil wrong and a criminal wrong. Crimes are considered to be a type of wrongdoing, however civil wrongs tend to have only an impact on the parties involved in the case. For example: a breach of contract. Where criminal wrongs tend to have. impact on society itself.
1. What is the definition of an "ex post facto" law and why are they unfair? Ex post facto is a law that retroactively changes the lawful results of activities that were conferred, or connections that existed, before the authorization of the law. It is out of line since it might criminalize activities that were lawful when perpetrated; it might exasperate a wrongdoing by bringing it into a more extreme class than it was in when it was carried out; it might change the discipline recommended for a wrongdoing, as by including new punishments or broadening sentences; or it might modify the tenets of confirmation so as to make conviction for a wrongdoing likelier than it would have been the point at which the deed was carried out.
go to the police, or maybe to the government? What if the police and government
Victimology is the study of crime victims. Furthermore, victimization refers to the victims and their relationship to the criminal process, aka, the victim's role in the crime problem. An obvious result of criminal activity is costs and this is not exempted from victimization. The costs of victimization include the following: damaged property, pain and suffering to victims, and involvement of the police and other agencies of the justice system. Economic loss is linked not only to the victim but also to their community (Siegel,
To be found guilty of first degree murder, it must be proven that killed someone with malice aforethought, meaning it was planned, premeditated. First degree murder is to kill malevolence, to kill either intentionally and deliberately or recklessly with the utmost disregard for human life. Premeditation may be fashioned immediately and does not require a lengthy period of contemplation. The death penalty is recognized in Thirty-eight states. Capital first-degree murder or aggravated first-degree murder is categorized in killings viewed as deserving of capital punishment. Life imprisonment or death penalty is the punishment resulted in a conviction. States who do not recognized the death penalty, aggravated murder carries life imprisonment. When aggravated or capital murder is committed in a heinous or monstrous fashion, it is considered homicide (Lippman, 2006).
...n conclusion, like most things in the law there is no clear answer. There is no one-size-fits all solution for how to treat juvenile offenders. Even that term, “juvenile offender” contains a spectrum that includes the most minor misdemeanor and the most egregious sexual crimes. The Supreme Court has participated in this debate and voiced its approval of treatment and rehabilitation over punishment in the interest of public safety. The court, however, has also left the possibility of the states to hold juveniles to a higher (adult) standard on a case-by-case basis. This seems to me to be the best way to balance the obvious benefits of rehabilitative efforts and the interest of public safety. The best example I could find of a state who balances these two interests well is Oklahoma. The primary statutory goal of the Oklahoma Juvenile Code is to promote public safety.
From the origins of criminal victimization, we begin with blaming the offended. (Silverii). Still what is more baffling is to question whether or not it is one's duty to make sure victims won't be victimized again or if victims of a crime that are unreported should even be considered victims. There are three main issues that are provided through victimology and these are context, connections, and investigative direction (Turvey). Most victims are not just victims they're perceived by a criminal as an ideal victim. An ‘ideal victim’ is someone who has played no part in their victimization by an offender who was solely responsible for the incident. In the early 1970s, research by the National Opinion Research Center and the President's Commission on Law Enforcement, and the Administration of Justice indicated that many crimes were not reported to police. A lot of times victims are not prepared for the insensitive and unpleasant treatment they may incur from the police, hospitals, and judicial system. In response, the U.S. Census Bureau began conducting the annual National Crime Victimization Survey in 1973. The survey provides the largest national forum for victims to describe the impact of crime and characteristics of violent offenders. The data includes type of crime, month, time, and location of the crime; relationship between victim and offender; characteristics of the offender; self-protective actions taken by the victim during the incident and results of those actions; consequences of the victimization; type of property lost; whether the crime was reported to the police and reasons for reporting or not reporting; and offender use of weapons, drugs, and alcohol.
Davis, R. C., Lurigio, A. J., & Skogan, W. G. (1997). Victims of crime (2nd ed.). Thousand Oaks, CA: Sage Publications.
officer, giving them jail time, or even treating them as they treated the victim for reasons that
Legal crimes are an act that violates the law in itself but is considered legal given the situation. For example; killing someone in self defense violates the law, however; murder in itself is a crime, but protecting one's life if threatening by bodily harm or injury is legal. Therefore, killing in self defense is a legal crime. Legal crimes are acts that are not harmful to another person, however; these acts are defined as crimes by society because of the influence these crimes have on those who are in authority. Legal crimes are less serious because they cause less harm, are not as frequent and are not as widespread. People who commit assault, fraud, embezzlement, vandalism, prostitution, and disorderly conduct are committing legal crimes. Legal crimes are not an obvious crime and do not have an obvious victim. However, not all crimes are reported to the police, therefore crimes are classified by the degree of harm caused, how frequent they occur, and how pervasive the crimes are throughout the country. Crimes can be distinguished by degree or severity of the crime by dividing the crimes into groups; felonies for severe crime and misdemeanors for less severe crimes. Another way to distinguish crime is between mala in se which is rape or murder or mala prohibita, which is trespassing, gambling, or prostitution. Once the public understands that the balance is the goal of "justice" the next step is to understand the difference between a natural crime and a legal crime.
Criminal law has several purposes depending on how people view it. A few of the functions of criminal law are to divide criminals from society, rehabilitate the criminal and punish the offenders. However, the two main functions of criminal law are to create an understanding of right and wrong to the society and punishing those who break the law.
Provide Victim Services- these services can help relieve stress and help prevent the victim from being victimized again.
Give the proper first aid greatly required at that moment, like stop the bleeding, clean & cover the wound, cool the burn with running water etc..