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Comparing and contrasting criminal and civil law
Comparing and contrasting criminal and civil law
Comparing and contrasting criminal and civil law
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Advice to Michael A civil and criminal case can definitely arise from a common incident. Since Simon has filed a case against Michael for his personal injuries and the property damage due to his negligent driving, the government is not brining the suit. In this case, Simon will bring civil suit stating damage he has incurred for the harm. Simon will likely argue for the injury he has suffered, damage of cars and the bills for repair as well as medical bills and damage done for not attending office that caused loss of wages, emotional stress and other charges. All these charges will be determined by the jury when each side will present their situation and testimony and arguments. Moreover, the criminal case was charged against Michael from …show more content…
Moreover, the imprisonment can also extend beyond one year or more since reckless driving is categorized as a misdemeanour. Michael can also likely be sanctioned with fines which is a very common penalty. According to Herring (2014), the amount of fine differs based on the circumstance and state of the crime and usually range from several hundreds to several thousands of dollars. Probation can also be caused to Michael depending highly on the driving history of Michael. Complying with specific terms such as job finding, regular visits to the probation officer and not committing any other traffic violation or crimes. However, if the terms and condition of probation is violated then the court might revoke Michael and force to serve the jail or prison sentence. The probation period lasts typically for 1 year or more. Finally, Michael can be sanctioned with license suspension. Michael can be convicted for reckless driving and face potential suspension of driving license and revocation. A typical mandatory suspension of 30 days is usually levied for reckless driving and if Michael has a previous reckless driving conviction or any other violation traffic the suspension duration might be more and permanent revocation of license is highly possible (Herring
As American history has shown us, with great power also comes great responsibility. The great power part has not been as much of a problem as the great responsibility has. And as history have shown us, many of those officers show great control and responsibility, but there are a small percentage of those officers who are corrupt.
Michael “Meeko” Thompson has spent more than two decades locked away in the Chippewa Correctional Facility. Michael was arrested for selling three pounds of cannabis to an undercover officer. He had prior drug offenses, but no history of violence. When his house was raided after his arrest, a few antique firearms and one usable firearm were recovered. Despite the fact that the antiques did not fire and the one that did was owned by Michael’s wife, he was convicted of felony possession of a firearm along with his cannabis charges. This was his fourth offense which labeled him a habitual offender, and he was sentenced to 40-60 years in prison. He could have been sentenced to as little as five years. Notably, even the Michigan Supreme Court
Dan Locallo is a very contradicting man. When he began his career as a prosecutor he was anything but polite to the defense lawyers. Locallo himself describes himself as “kind of an asshole” towards defense lawyers (Courtroom 302, 59). During his time as a prosecutor, Dan Locallo became intrigued by the opportunity to become a judge. When Steve Bogira asked Locallo why he wanted to become a judge, his reply seemed simple. Locallo claimed that he never wanted to become a judge because of a “power-trip” he does claim that “the power of attraction was a great influence” (Courtroom 302, 59). However, Locallo admits that the real reason why he wanted to become a judge was because he would have the “ability to make decisions, to do justice” (Courtroom 302, 59). As a judge, Locallo seems to express three different personalities, which tend to change depending on the current case at hand. His personalities are being compassionate judge, being an understanding judge, or being a hard-nose tough judge. Each of these personalities are not only determined by the case, but also by whether Locallo will profit on the long run; whether or not he will get reelected as a circuit judge at the end of his term.
In the pre-sentence report recommending Mr. Moreno's sentence, the Probation Officer added a point to his criminal history score as a result of September 2001 convictions for driving with a suspended license and for unsafe turning or stopping. For this earlier offense, Mr. Moreno was sentenced to six months in jail, with all but five days suspended, and six months of probation. The Probation Officer justified the addition of this point by citing the sentencing guidelines, which direct that sentences for less than sixty days should be given one point. The Probation Officer then determined that Mr. Moreno's criminal history points totaled ten, placing him at the bottom of criminal history category. The district court agreed with this result and calculated Mr. Moreno's total adjusted offense level to be twenty-five. The court subsequently sentenced Mr. Moreno to 100 months in prison, which is at the bottom of the 100 to 125 month range for an offense level twenty-five and criminal history category 5.
In the Gabriel Myers’ case, it is clear that various adults in his life committed serious errors that led to his untimely death. As a kid in the foster care system, it is the responsibility of his assigned case worker to ensure that his needs are being met and that Gabriel was in the safest home that had authority figures who not only cared for him but were equipped to provide him the care he needed. Gabriel’s caseworker failed at various aspects of his well-being while he was under his supervision.
who have been arrested and are awaiting trial or who have been sentenced to serve time in jail or prison. The correctional officer’s main focus is to keep the inmate safe and secure, meaning to keeping the inmate safe from hurting themselves and others and also from being injured from other predatory inmates. They have to be consistent in their discipline, if they aren’t they will find themselves really struggling with trying to survive in a day of work. Every day that they walk into work they have to have a positive state of mind and be consistent
The New York Times bestseller book titled Reasonable Doubts: The Criminal Justice System and the O.J. Simpson Case examines the O.J. Simpson criminal trial of the mid-1990s. The author, Alan M. Dershowitz, relates the Simpson case to the broad functions and perspectives of the American criminal justice system as a whole. A Harvard law school teacher at the time and one of the most renowned legal minds in the country, Dershowitz served as one of O.J. Simpson’s twelve defense lawyers during the trial. Dershowitz utilizes the Simpson case to illustrate how today’s criminal justice system operates and relates it to the misperceptions of the public. Many outside spectators of the case firmly believed that Simpson committed the crimes for which he was charged for. Therefore, much of the public was simply dumbfounded when Simpson was acquitted. Dershowitz attempts to explain why the jury acquitted Simpson by examining the entire American criminal justice system as a whole.
Case Management Case management has become the standard method of managing health care delivery systems today. In recent decades, case management has become widespread throughout healthcare areas, professionals, and models in the United States. It has been extended to a wide range of clients (Park & Huber, 2009). The primary goal of case management is to deliver quality care to patients in the most cost effective approach by managing human and material resources. The focus of this paper is on the concept of case management and how it developed historically, the definition of case management, the components of case management, and how it relates to other nursing care delivery models.
While drunk drivers who cause injuries or deaths may spend some time behind bars as punishment for their actions, for their victims the accident can often be a life sentence. Drunk driving has lifelong ramifications for those who are injured and who must live the rest of their lives with pain, disability, isolation, medical bills, or the loss of loved ones. While drunk-driving offenders can usually reclaim a normal life after their eventual release from jail, victims may never regain the normalcy that was taken from them so abruptly.
Many people only think of the short-term consequences of drinking and driving. Such as getting a DUI, losing their license or having their car impounded. It’s not until after posting bail and finding a ride home that the reality of it all starts to sink in. Losing your license alone can make drastic changes in your life, which as a result will affect your family’s lives. How will you get to work? Drive anyway and get a charge for driving on a suspended license? Will you be able to keep your job or find another with a criminal record? How are you going to replace the bill money you
Parrish filed suit under 42 U.S.C. § 1983 (2000) against Luckie in his individual and official capacities, and against then Police Chief Bruce in his official capacity. The jury found Luckie liable in his official capacity and awarded damages of $150,000. The jury also found Chief Bruce liable in his official capacity and awarded damages of $50,000. The district court rejected appellant's motion for judgment notwithstanding the verdict and this appeal followed. The City raises several issues on appeal.
...or drivers under 21 years of age who consume any amount of alcohol and drive, the New York Zero Tolerance Law applies This law requires punishment for a first offense by mandatory license suspension for 6 months and fines and fees of $225. For a second offense under the Zero Tolerance Law, the fine and fees are the same, but the license is revoked for an entire year or until the person reaches age 21, whichever period of time is longer.
The sentencing process is created by some of the legislative party, who use their control to decide on the type of criminal punishment. The sentencing guidelines for the judges to go by can be different depending on the jurisdiction and can include different sentencing such as “diversionary programs, fines, probation, intermediate sanctions, confinement in jail, incarceration in a state or federal prison, and the death penalty” (Siegel & Bartollas, 2011, p. 40). In some jurisdictions the death penalty is not included as one of the punishments. Being sentenced is step one of the correction process and is in place to discourage repeat offenders (Siegel & Bartollas, 2011, p. 40). Depending on the crime committed the offender can be sentenced to a consecutive sentence or a concurrent sentence. If an offender is charged for committing more than one crime the judge can give the offender a concurrent sentence where both charges are served at the same time. If an offender is charged for committing more than one crime the offender can be giving a sentenced where he has to serve time for each crime one after the other (Siegel & Worrall, 2013, p. 210). Once the offender has been sentenced from there you will be able to determine if the sentence is indeterminate or determinate.
Reckless driving is extremely dangerous and is considered to be anyone who is driving with carelessness and/or who has no regard for the safety of others on the road. Reckless driving is considered to be a misdemeanor. A misdemeanor is a criminal act that is less severe then receiving a felony. Your punishments are also not as severe as penalties. Penalties for reckless driving include fines of up to $1,000, jail time, getting your parole revoked, two points on your driving record, insurance rates to go up, insurance can be cancelled and/or license suspension. Reckless driving includes speeding, not using signals, not using your headlights, disregarding traffic signs and signals, distracted driving, drag racing, and using a cell/smartphone while driving. In some cases a DUI can be deemed a “dry reckless”, which means the person was driving with disregard for others on the road. This charge is less serious then a DUI charge. If you have been pulled over for DUI and believe that it could be reduced to a “dry reckless” you should contact an attorney right away. Drag racing or a speed co...
Should drunk drivers face jail time after their first offense, the opinions of people differ. One side states that a person after being convicted of drunk driving should have a jail sentence, as to the other side states that there should be other things offered to the person such as counseling and classes. The difficult part of the decision is that the person’s life could be ruined because of one bad decision.