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Compare and contrast criminal and civil law
Compare and contrast criminal and civil law
Compare and contrast criminal and civil law
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Civil liability in today’s society is a big issue when dealing with the interaction between law enforcement agencies, prisoners and citizen’s. Civil liability means a lawsuit filed by a person’s against another person. Most civil lawsuits usually seeks monetary damages such as; for injury or losses that the party alleges that the other person which would be the defendant has caused. (Civil Liability, 2017). When the defendant is found guilty of the damages, he or she must pay whatever monetary damages the jury or the judge award to the plaintiff for the harm alleged by the plaintiff that the defendant caused and the damages suffered. Civil court work differently than criminal court because in civil court cases the plaintiff only needs to prove …show more content…
The main reason why law enforcement is dealing with civil lawsuit against the prisoner and the citizens is because of police officer misconduct. (Clarke, 2016). Police officer misconduct, mostly occur when a law enforcement officer violates a person civil rights. Misconduct of a law enforcement officer violating a person rights can rely under 42 USCA 1983, which can be stated, “It is unlawful for any law enforcement officer or agencies to act under the authority of state law to deprive another person right under the of their Constitution or federal law.” When a victim who is unlawfully violated by a law enforcement officer or agencies misconduct it is usually for unreasonable force, malicious prosecution, intentional false arrest and sexual abuse. (Clarke, 2016). Sometime, it is hard for a victim who has suffered police misconduct to file law enforcement misconduct lawsuit depending on the states. Most states required a victim to report the incident to the internal affairs division (I.A.) with the police department that the crime occurred, report the incident to the Department of Justice (DOJ) and report the incident to an Attorney General (AG). When the victim complaint is filed which those agencies, they will give the victim a written notice to file a lawsuit against the police. Once the police misconduct lawsuit is filed by the victim, the defendants will involved; the police officer(s) who was involved, the municipality, the supervisor of the police officer(s), the police chief or sheriff and the police department. There are three different lawsuits which the law enforcement officer and agencies will have to deal with; Civil Right Damages, Actual Damages and Punitive Damages. Civil Right Damages occurs when the damages are directly tied to the law enforcement officer which he or she has violated the victim Civil Rights.
The mass arrests accrued because of the violation of Penal Code 211, armed robbery and burglary. The suspects picked from their homes, charged, read their rights, were padded and searched. Then were handcuffed and put in the back of the police car driven to police station. At the station the suspects were formally charged and bucket, then put and left in a holding cell blindfolded. They are fearful because they are put in a dark room without any way to escape and became part of the system.
Prison litigation is a form of lawsuit process with which prisoners seek relief from prison. The Prison litigation Reform Act clearly outlines an increase in the litigation of prison cases that was enacted in 1996. Through such litigations, inmates are able to fight for their rights and fair treatment in prison. For instance among the prison ligations, we have prospective relieve where one can file a lawsuit to request the prison to change some of their policies to let one for example pray amongst groups. Exhaustion of remedies for administration also allows for one to articulate grievances against the prison official before suing them. Emotional or mental injuries are among other issues of prison litigation addressed in this prison litigation
Tort, one of the crucial subjects of study when analyzing common law jurisdictions. Tort, is an action which causes another person or party to suffer harm or loss []. The person who has committed a tortious act is called the tortfeasor while the person who suffered harm or loss from such act is called the injured party or the victim. Although crimes may be torts, torts may not be crimes [] simply because a tort may not have broken a law. In fact, one must understand that the key idea of tort is not to punish the tortfeasor(s) but rather to compensate the victim(s).
In 21st-century America, detainment is turning into a multibillion dollar industry every year, and will keep on increasing in extension in the coming decades. The “prison industrial complex" incorporates not just those organizations specifically included in conveying discipline (courts, adjustments,
Negligence, as defined in Pearson’s Business Law in Canada, is an unintentional careless act or omission that causes injury to another. Negligence consists of four parts, of which the plaintiff has to prove to be able to have a successful lawsuit and potentially obtain compensation. First there is a duty of care: Who is one responsible for? Secondly there is breach of standard of care: What did the defendant do that was careless? Thirdly there is causation: Did the alleged careless act actually cause the harm? Fourthly there is damage: Did the plaintiff suffer a compensable type of harm as a result of the alleged negligent act? Therefore, the cause of action for Helen Happy’s lawsuit will be negligence, and she will be suing the warden of the Peace River Correctional Centre, attributable to vicarious liability. As well as, there will be a partial defense (shared blame) between the warden and the two employees, Ike Inkster and Melvin Melrose; whom where driving the standard Correction’s van.
after suffering harm from the acts of the other party (Turner, 2013). A tort is a civil wrong
Since the mid twentieth century the ideologies behind justice and punishment have been evolving. There has been a shift from the old penology, which focused on the individual offender, to a new penology which focuses on identifying and managing groups of people who are considered to be the most likely to re-offend. Actuarialism is part of the new penology and is an algorithm that has been used to predict which group of people or which group traits are most likely to lead to persistent offending. The practice of actuarialism with in the criminal justice system has gained increasing influence in regards to sentencing and when granting parole. Actuarialism has resulted in the use of racial profiling among police officers and has replaced rehabilitation
Ethics play a huge role in a police officers line of work. Since police are given such a high degree of trust and authority, it can unfortunately be very easy for an officer to fall into some unethical behavior. This can range from just minor acts that are frowned upon, to actual downright illegal activity. Even though there are a countless number of acts and behaviors that can be considered unethical, in the following paper I will focus primarily on those incidents involving police officers who steal for their own personal gain, and discuss my position on the issue.
This is where the individuals exercise their rights to seek compensations for damages or injuries. Also this is a law that is not controlled by the judges based on previous things that had happen in the past.
person injured therein, for the recovery of civil damages as a result of any act or omission
Individual responsibility provides a just and effective base that current Australian legal system. This following essay will analyse how the criminal justice system rests upon the idea of individualised responsibility with reference to the main two core principles that make person criminal liable, these being the Latin phrases Mens Rea “guilty mind and atus reas “Guilty act”. These two core principles will then be used to critically analyse the current model of individual responsibility to support that it is an effective and fair system for Australian criminal law. Finally this essay will conclude by outlining another alternative to the current model of individualised responsibility, which theory of scientific critique.
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.
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.
Human services provides help to individuals, families and children that are in crisis or have needs that are not being met. One of the systems within human services focuses on upholding the law to the fullest extent. According to the National Center for Victims of Crime “The criminal justice system is the set of agencies and processes established by governments to control crime and impose penalties on those who violate laws”. In other words this system seeks out to provide justice and safety for victims of horrendous crimes while also prosecuting those who commit these crimes. This system is in place in order to protect and serve the many individuals in the U.S be it at a local, state or federal level.
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.