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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 ...
... middle of paper ...
...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.
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.
“ Criminal law is the body of law that relates to crime.” (Wikipedia, 2014) This law encompasses several different aspects of our government and the ways used to regulate them. Maintaining the peace and order of the public is one aspect. Law enforcement officers also try to keep good conduct of the public. Anyone who places the safety of the public in jeopardy, is in violation of this law. Punishment is used in a variety of ways to discipline any person who breaks these laws. There are four main sources used in today’s criminal law:
officer, giving them jail time, or even treating them as they treated the victim for reasons that
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,
go to the police, or maybe to the government? What if the police and government
Due process is a right afforded us in the United States Constitution. It is mentioned in both the 5th and 14th amendments (Cornell University Law School, 2014). Due process is as relevant today as it was the day it was written as it “assumes that freedom is so important that every effort must be made to ensure that criminal justice decisions stem from reliable information (Cole & Smith, 2007, p. 11)”. The due process clause contained in our constitution is meant to afford all our citizens legal equality. Guilty until proven innocent is a widely known statement and it because of due process that this right is afforded us. This means that an accusation of criminal deviance must be proven beyond all reasonable doubt. Certain presumtions may be made and accepted as fact should no evidence to the contrary be presented; however, a jury of our peers (or a Judge should a jury trial be waived) must decide our fate based on the facts as they understand them and not on supposition. Due process also provides the expectation that all procedures of law will be followed to safeguard legality. Due process is the only statement contained in more than one amendment; thereby, acknowledging a specific intention. (Cornell University Law School, 2014). Due process protects us from any single state having the right to deny us life, liberty, or property without first following the proper legal channels.
...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.
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.
Davis, R. C., Lurigio, A. J., & Skogan, W. G. (1997). Victims of crime (2nd ed.). Thousand Oaks, CA: Sage Publications.
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..
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.