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Compare and contrast civil and criminal law
Compare and contrast civil and criminal law
Compare and contrast civil and criminal law
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Criminal vs Civil Laws
Civil law and criminal law are two broad and different areas of law with separate sets of laws and punishments.
Criminal Law
Criminal law deals with crime and the legal punishment of criminal offenses. A crime is any act that breaks the law, and the person responsible is punished.
Civil Law
Civil law deals with disputes between individuals, organizations, or between the two. Compensation is awarded to the victim if they win the case.
Civil Case
A person or organization can start a civil case by claiming that another person or organization has failed to do something that's owed to them. A popular civil case that people would be familiar with is the O.J. Simpson case.
Criminal Case
A criminal case starts when the government, who is represented by a prosecutor, files a case against a defendant for doing a crime. A very popular criminal case was the attack of the twin towers.
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Misdemeanors are less severe crimes, such as shoplifting or speeding. They carry up to a year in jail, and can also include payment of a fine, probation, community service, and restitution. There is no effect on your basic rights or freedoms if convicted.
Felonies
Felonies are the more severe crimes, such as murder or armed robbery. They carry as low as one year in prison, or up to life in prison without parole. They can also include a large fine, probation, community service, and restitution. In very severe felonies, people can be sentenced to death. People convicted of felonies lose their second amendment rights, the right to vote, they can't serve on jury, or hold public office. Having a felony on your record can make it much more difficult to get a job.
Punishment
A defendant in a civil case cannot be incarcerated or given the death penalty. In general, losing defendants only reimburse the plaintiff for losses or damages caused by the defendant's
Felon voting laws limit the restrictions for a felon to vote on any election. “Felon voting has not been federally regulated because some people argue that Section 2 of the Voting Rights Act can be tied to felon disenfranchisement and the Congress has the authority to legislate felon voting in federal elections.” Felon disenfranchisement is excluding people otherwise eligible to vote from voting due to conviction of a criminal offence, usually restricted to the more serious class of crimes, felonies. According to the National Conference of State Legislatures and The Sentencing Project, 1 in 40 adults were unable to vote due to a felony conviction in the 2008 elections. One purpose of the felon voting laws is the uncertainty of trusting
Once released from prison, he or she is deemed a felon. Losing the right to vote, not being able to serve on a jury, and inability to enforce his or her second amendment is just a few of the disadvantages of serving time, but this is just the textbook interpretation. There is no much more that is at stake when you step foot behind bars. Once a person gains their freedom the better question to ask is what wasn’t taken form them? Their job if there was one in the first place, their children, their family, and most importantly the part of the person that made them a member of society.
They have been excluded from voting because they have been convicted of a felony. A felony is usually considered a crime. that could lead to more than a year in prison. But states can often have differing views of what is considered a felony or a misdemeanor. Such an important right should not be subject to the whims of state legislatures.
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.
Prosecutors are getting less and less reluctant to tag on felony charges. David Brooks is a professor Yale University and teaches criminal justice. David Brooks explains that prosecutors “have gotten a lot more aggressive in bringing felony charges,” stating that felony charges carry a longer prison sentence than misdemeanors. When a felony charge is used, the judge can give any term sentence because the “mandatory minimum” sentencing will be voided. Mandatory minimum sentences are the least amount of time that a convicted inmate must serve for his sentence. In the past, minimum sentencing laws were useful due to the fact that crime rates wer...
A criminal is obviously an individual who commits a crime, but what is crime? A crime is any act or omission of an act in violation of a public law. Though most laws are common throughout America, some laws are also established by local and state governments as well. Criminal laws and penalties vary from state to state. Crimes include both felonies and misdemeanors. Felonies are serious crimes like murder or rape and are punishable by imprisonment for a year or more. The consequence for felonies such as murder and treason can be the death penalty. Misdemeanors are less serious crimes like petty theft or speeding and are punishable by less than a year in prison. Fines are also punishments of both misdemeanors and felonies. The fine’s amount is determined by the seriousness of the case. However, no act is a crime unless it has been stated as such by an American law or statute.
“ 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:
Although this right is considered fundamental, restrictions have been placed on this right. The main restriction is placed on persons convicted of a felony conviction, all felonies, not just infamous ones. Today on Election Day, as Americans wait in line to cast their vote, over 4.65 million people are denied this most fundamental democratic right because of a past or present felony conviction. It is true that some felons can make bad judgments that are provocative and rebellious and the foundation to further jeopardy. In fact, statistics show the number of times prisoners had been arrested was the best predictor of whether they would commit more crimes after being released and how quickly they would return to their criminal ways....
The correctional system punishes offenders by sentencing them to serve time in jail or prison. Others forms of punishment include being sentenced to probation, community service, and/or restitution. Jail is a locally operated short-term confinement facilities originally built to hold suspects following arrest and pending trial (Schmalleger, 2009). A prison is state or ...
In addition, to being unable to pay fines or bail, having a criminal record also limits a person’s ability to find employment and a
The Civil law takes up sixty percent of the world’s legal system. They got their inspiration from the Roman law heritage and have mostly focused on individual freedom. It is known for being easily accessible, well-organized, and adaptable. The rules of this system are to the point without excess detail.
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.
Civil commitment and criminal commitment are both ways in which people get the people they deserve and need even if they don’t fully realize what they need. These commitment processes are trying to better the person who truly needs help. I will be explaining the definitions of both civil commitment and criminal commitment. Then I will explain the details of each of them so you can hopefully recognize the differences between these processes and how people are affected by each of them.
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.
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.