Before explaining some differences between civil and criminal
functions and purposes, we must have some idea of the nature of law “law
is asset of rules which prohibit us from doing curtain things on pain
of punishment and which exist for the settling of disputes between
people and recognized legal entities and between privet individuals”
(Roger Thomas dose 2003-2004 p.7.).
As roger Thomas said there should be a set of rules for each
individual to prohibit him from doing things which are not right,
therefore there is a parliament and other different bodies which sets
the rules for the environment.
In our environment the law determines into two sections: civil and
criminal law, the difference between them is that the criminal law
aims to punish the offender where as the civil law aims to compensate
the victim. The word “Tort” comes from the French word meaning wrong,
so, “Tort” is a wrong, and since we are concerned in tort with
remedying wrongs rather than punishing them,
It’s a civil wrong, in the modern law the emphasis in tort has
developed very much towards a law of interrelated duties as a result,
and the law of negligence has achieved increasing importance,
And had developed humorous individual aspects. As Michel Jones puts it
more simply: “the law of tort is primarily concerned with providing a
remedy to person who has been harmed by the conduct of others” (Chris
turner/tort law, chapter 1; 2003)
It is important to realize that civil law is very different from
criminal law. Criminal law is a part of public law, while civil law is
the separate category of private law.
The reason that criminal law is a part of public law is that crime is
regarded as an action against the state and society as a whole. Civil
law is called private law because the issues it deals with are between
two individuals.
The two types of law have different aims and are dealt with in
different courts. A person who commits a crime is said to have
Criminal law attempts to balance the rights of individuals to freedom from interference with person or property, and society’s need for order. Procedural matters, the rights of citizens and powers of the state, specific offences and defences, and punishment and compensation are some of the ways society and the criminal justice system interact.
Within the Federal Government there are three main branches; “the Legislative, the Judicial, and Executive” (Phaedra Trethan, 2013). They have the same basic shape and the same basic roles were written in the Constitution in 1787.
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.
“ 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:
The entire criminal justice system can be very frightening and even intimidating if someone fails to understand the meaning of terms used, procedures, laws, and rules (Cook, 2009). Criminal law is among the terms that have been defined differently by various sources. It is mainly concerned with a system of legal rules defining actions that are classified as crimes and the manner of which the government prosecutes people who commit crimes (Snyman, 2014). According to the chapter, some sources use it in a way that is very general that describes it as the entire spectrum of laws that deal with the criminal justice system while others use shorthand ways which terms it as substantive criminal law, which is very true.
Crime is defined as an act or omission that the law makes punishable. There are different ways in dealing with crime. One, our current system, is the criminal justice approach. Also known as retributive justice, this system is more offender directed than anything else. The other system, which many people think is better, is the community justice, or restorative approach. The restorative approach is much more victim oriented. There is a debate over which system should be used to deal with crime. The two differ in many ways.
...arly as aspects of both models have prevailed since the advent of established law and shall continue to as political issues persistently evolve. Leaving the criminal justice system, especially with respect to individual rights and public order, to adapt together as needed with it.
Crimes and criminals only exist when a public body has judged the such according to accepted procedures; no public authority → no crime
In his book on ?The Behavior of Law? Donald Black attempts to describe and explain the conduct of law as a social phenomenon. His theory of law does not consider the purpose, value, impact of law, neither proposes any kind of solutions, guidance or judgment; it plainly ponders on the behavior of law. The author grounds his theory purely on sociology and excludes the psychology of the individual from his assumptions on the behavior of law (Black 7). The theory of law comes to the same outcome as other theories scrutinizing the legal environment, such as deprivation theory or criminal theory; however, the former concentrates on the patterns of behavior of law, not involving the motivation of an individual as such. In this respect, Black?s theory is blind for social life, which is beyond the behavior of law.
The Law today is a summary of various principles from around the world from the past and the present. Early practises of law were the foundation of the law that we know and abide by today. These practises were referred to as the Classical school. Over time however, different criminologist have altered and greatly improved the early, incomplete ideas and made them more complete and practical to more modern times. This newer version is referred to as the Positivist school. This rapid change from the classical to the positivist perspective was due to the change and growth of civilization. Even though one perspective came from another, they are still different in many ways and it is evident when relating them to section 462.37, Forfeiture of Proceeds of Crime, and section 810, Sureties to keep the Peace. The Classical School of criminology’s time of dominance was between 1700 and 1800. Its conception of deviance was that deviance was a violation of the social contract. Classical theorists believed that all individuals were rational actors and they were able to act upon their own free will. A person chose to commit crimes because of greed and because they were evil. The primary instrument that could be used in regards to the classical school to control crime was to create “criminal sanctions that instil fear of punishment in those contemplating criminal acts” (Gabor 154). Classical school theorists believed the best defence was a good offence and therefore they wanted to instil so much fear into people about what would happen to them if they were to commit a crime that even those who were only thinking of committing a crime were impacted greatly. The classical school individuals operated entirely on free will and it was their ...
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.
Crime is an act in violation of a law, unlawful activity, an unjust, senseless, a disgraceful act or condition. A natural crime is an act that is harmful to the society in which one lives. Natural crimes are crimes in any society at any age, and whether or not the crimes are committed by people who are in authority or not. Crimes are forms of unloving behavior that cannot and should not be overlooked. Any natural crime against an individual is a crime against the entire society. Natural crimes are obvious crimes with obvious victims. People who commit robberies, murders, theft, rape, blackmail, extortion, and kidnapping are committing natural crimes. Natural crimes are considered serious crimes against society. Natural crimes are crimes that are committed intentionally, negligently, recklessly, and knowingly. Natural crimes cause the most harm, occur more frequently and are more widespread.
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. The second purpose of criminal law is to punish the offender. Punishing the offender is the most important purpose of criminal law since by doing so; it discourages him from committing crime again while making him or her pay for their crimes. Retribution does not mean inflicting physical punishment by incarceration only, but it also may include things like rehabilitation and financial retribution among other things. The last purpose of criminal law is to protect the community from criminals. Criminal law acts as the means through which the society protects itself from those who are harmful or dangerous to it. This is achieved through sentences meant to act as a way of deterring the offender from repeating the same crime in the future.
According to, The Nature of Criminal Law, Constitutional Rights, Defenses, and Punishment, through the Saylor Foundation (page 316), criminal law is an
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.