A tort is an act or omission by another person that gives the victim a right to compensation while a crime is an act that is in violation of a certain law and which imposes a punishment. Both criminal and tort law have the same purpose; they are both used to identify wrong doers and also to take corrective action against the wrong doers. Basically the overall purpose of criminal law is to protect the society from bad behavior and anti-social acts (Simons, 2007). Its focus is on the decision on whether a person is a criminal or not.
On the other hand tort law is a civil law which are some general standards of civic conduct. The focus of tort law is what the tort feaser can do about the financial harm that the victim has suffered. Another difference
…show more content…
However, they both play different roles in the cases. The prosecutor has a role of representing the state or the people by presenting facts that show the suspect is guilty of contravening the law. On the other hand, the defense attorney represents the defendant and makes sure that his rights as an accused are protected and that he is not prosecuted unjustly (Sarat & Clarke, 2008).
Both parties have the roles of protecting the rights of the people and making sure that justice prevails; the prosecutor ought to make sure that the true facts are the ones presented and that no innocent soul should be convicted for a crime they did not commit. The defense attorney must perform his role in accordance to the sixth amendment of the U.S Constitution.
Mental health issues and the criminal justice system
Mental illnesses menace has been a growing problem in the correction centers with an increase in numbers of people who have mental health issues. Some of the people who go through the criminal justice system are not recognized as having mental health issues. In this case a specialist for this purpose is required so as to detect some of the illnesses (MacPhail & Verdun-Jones,
Courts, are usually established to either declare a defendant innocent or announce him guilty with a particular sentence depending strictly on the crime. However, the Yuma Mental Health Court is like no other court in the U.S Criminal Justice System. This unique court has specifically been established for two main reasons. The first reason, is to maintain mental ill defendants out of any jails or prisons, in order for them to receive proper treatments. The next reason, is that this court tries to help special defendants by sending them to treatment agencies so they can either be provided with medications or get some form of therapy. Yuma County is very fortunate to have this type of court in their area. In this writing, this author will analyze
Mental Illness has been prevalent all throughout our history from Isaac Newton to Abraham Lincoln to Sylvia Plath and so on. These illnesses can be as minor as a slight bipolar disorder or as severe as schizophrenia. In recent years, mental illnesses are becoming more prevalent in our criminal justice systems than anywhere else. Mental illness is becoming an association with crime and based on the information that has been found, this paper will attempt to further define the problem of mental illness within our criminal justice system and offer alternatives or insights as to how to possibly help with this problem.
...ng experts to identify mental health symptoms such as delusions, hallucinations, and identifying if any instances of malingering are present. Evaluating a defendant is essential in understanding whether or not they are capable of following legal proceedings. If an individual is in fact found incompetent, attempts to restore competency are performed through treatments with medication or mental training about legal information that is vital for them to know in their case. It is imperative to acknowledge competency to stand trial cases in the legal system to not only ensure fairness in the courtroom, but offer mentally ill defendants an opportunity to have a lawful trial depending on their psychological state.
The NSW Criminal Justice System is adequate when dealing with young offenders; however, like any legal system it does have its limitations. The NSW Criminal justice system does uphold the rights of the young offender by providing juveniles with special courts under the Childrens Court Act 1987 (NSW) by providing special protections under the UN’s Convention on the Rights of the Child; the recognising of culpability in regards to the age of the young offender by implementing doli incapax and by arranging a variety of diversionary programs and alternative punishments. However, the limitations of the NSW Criminal justice system in relation to young offenders is Doli Incapax in the The Childrens (Criminal Proceedings Act 1987) NSW which fails to recognise more serious offenders and The Young Offenders Act allowance for youth justice conferencing is not being cultivated for a wide enough range of offenders, leading the exclusion of some young offenders from the benefits that conferencing can offer.
Additionally, correctional psychologists are on-call to handle emergency situations involving mentally ill inmates, such as hostage negotiations and crisis intervention. The treatment of mentally ill individuals in jails and prisons is a prominent concern that is becoming more so as more ill individuals are sentenced to jail and prison stays. Currently, the United States correctional facilities are the largest provider of mental health services. (Reingle Gonzalez, et al.
A great criminal defense lawyer has been through many court fights and wins. He should have learned what most juries would want to hear and know the way he should present things in a way that will be pleasing to the jury. Possessing these capabilities will take a lot of times and experiences in courts.
It is an accepted fact that there is variation in the criminal justice system. Some of this difference is due to natural discrepancy in the severity of charges levied against a defendant; obviously those with severer or more numerous charges might also receive a longer or harsher criminal sentence. However, when the criminal charges are held constant, there emerges a pattern of variation that cannot be explained simply by a difference in severity or quantity. Extralegal factors, defined as variables that are not supposed to impact a sentencing decision, include race and ethnicity, sex, and age, and research has consistently demonstrated that these factors do play a hand in criminal proceedings. Specifically, these extralegal factors may influence pretrial detainment, the type of punishment defendants are given (e.g., a period of probation versus a prison term), and may even contribute to biased use of the death sentence. Evidence has also been presented that suggest, through various compilations of data, that these extralegal factors are not equivalent, either. The United States justice system, while presumed to be built on assumptions of fairness and equality, does not treat its defendants as equally as we would like to believe.
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.
FINAL VENGEANCE is a classic revenge crime, thriller. The goal is clear and the stakes are life and death. The tone is dramatic, consistent with the story type. There are solid themes about revenge and forgiveness that clearly drive the plot. While serial killer and detective, crime stories are not new to the industry; they are considered tried and true.
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.
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.
Everyone know that Law is a system of rules which are developed in community with a aim to govern a society maintaining, justice, protect individuals and property. There are a lot of countries and they have own set of rules and norms including itself constitutional, criminal, contract, trust, international, tort, administrative and property. During the long time law improving and developing a lot and become more invulnerable and fair. Therefore, in a modern society and most of countries law has become similar with similar legal system. Nowadays there are several general types of legal system in the world and two main most popular of them, which had mostly spread through the world. They
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.
The New South Wales Criminal trial and sentencing process is adequate in balancing the rights of the victims, offenders and society however like any legal system is does have its faults. The options in the trial and sentencing process are stipulated in the Criminal Procedure Act 1986, the Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders) Act 2010 and the Crimes (sentencing procedure) Act 1999 which features the use of charge negotiation, rehabilitation, mitigating factors and intensive corrective orders.