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Difference between civil and criminal systems
Differences between the criminal and the civil justice system
Compare and contrast criminal and civil law
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Criminal and Civil court systems A number of differences exist between the criminal and civil court systems. In the criminal court system, the victim reports the crime to law enforcement who may investigate. If adequate evidence is found during investigation and an arrest is made, a prosecutor files charges against the defendant. The criminal court system considers the crime to be committed against the state rather than against the individual victim. In a criminal case, the prosecutor acts as the attorney for all the people of the state or jurisdiction. They control all key decisions of the case, such as whether to charge a defendant and what crime to charge, and whether to offer or accept a plea deal or go to trial. If the defendant …show more content…
In a civil case, the victim usually hires a private attorney to determine if the offender is liable for the harm caused to the victim. The act that caused the harm is known as a “tort” in the civil court system. The victim controls all key decisions of the case, such as whether to accept settlement or go to trial. The victim of a civil lawsuit is seeking to be compensated for the harm caused, usually with money. The burden of proof is a “preponderance of evidence” which means that one side’s evidence must be more persuasive than the other. There are time limits on how long a victim has to file a civil lawsuit known as statutes of …show more content…
Civil cases do allow juries in some instances, but many will be decided by a judge. A defendant in a civil case is not automatically given an attorney. They must pay for one, or else defend him or herself. In a criminal case, the defendant is entitled to an attorney. If he or she cannot afford one, the state must provide an attorney. A defendant in a criminal case is provided with a considerable amount of protections. For example, the protection against illegal searches and seizures under the fourth amendment. Many of these well known protections are not provided to a defendant in a civil
pleas may be choose for the punishment likely to be associated with them rather than for their accuracy in describing the criminal offense in which the defendant was involved. For instance, a charge of indecent liberties, for example, in which the defendant is accused of sexual
The second component of the criminal justice system is the court system. They court system is composed of lawyers, judges, and juries. Their job is to insure that everyone receives a fair trial, determine guilt or innocence, and apply sentences on guilty parties. The court system will contain one judge, and a jury of twelve citizens. The jury of the court will determine the guilt or innocence of the individual. The jury will also recommend a sentence for the crime the individual committed. Even though the jury makes the recommendation for the sentencing of the crime, the judge will follow pre-determined sentencing guidelines to make a final decision.
The criminal trial process is able to reflect the moral and ethical standards of society to a great extent. For the law to be effective, the criminal trial process must reflect what is accepted by society to be a breach of moral and ethical conduct and the extent to which protections are granted to the victims, the offenders and the community. For these reasons, the criminal trial process is effectively able to achieve this in the areas of the adversary system, the system of appeals, legal aid and the jury system.
The proceedings, in which a resolution is made, are entirely different between the two. At a criminal justice proceeding, the case is tried by a state prosecutor, in front of a judge and decided by a jury. Other than testifying and possibly a victim impact statement, the victim does not have much say in the case. But in a community justice proceeding it is quite the opposite. All parties involved (which include the offender, the victim, both families, any other p...
The first type of a federal court is District Courts and every state has at least one federal district court ("Federal Courts"). District courts are the overall trial courts in the federal court system. In each district court, there is at least one United States District Judge that was appointed by the President and confirmed by the Senate for a life term. District courts deal with both civil and criminal trials (“ The United States Department of Justice - United States Attorney's Office”). An example of a civil trial is if a person is suing the government or an agent of the government because the person violated the rights granted to a person within the Constitution. Criminal trial is a case that one breaks a federal law and they get arrested (“The Judicial Learning Center”). According to Government by the People, in 2009, there were more than 275,000 civil cases and more than 75,000 criminal cases. District court judges ar...
What is a prosecutor, and what exactly what is their role in the criminal justice system? After officers have made an arrest, that is when prosecutors come in and decide if formal charges should be brought against the suspect. Without, prosecutor’s
In order to keep a safe society, it is important to establish a nation with
Both the federal government and states have authority to prosecute for criminal behavior in the United States. Each has their own criminal statutes, court systems, prosecutors, and police agencies to help deter crime. These criminal statutes control how suspects are investigated charged and tried. The court system institutes rules and policies that consist of their own structures and procedures within each state. Prosecutors are the most powerful and influential representatives of the court system. Sometimes a case can begin in a lower court then work its way up to a higher court depending on the crime. The law enforcers are made up of small town police officials and go all the way up to large federal agencies.
The prosecutor has the most important influence in the courtroom. The prosecutor represents the people, society. The prosecutors are there to make sure that the criminal is prosecuted and that the victim is getting justice for the crime that was committed against them, and to protect them against prosecution themselves. The prosecutors are the ones that make the plea bargains, if they so choose to do so. The prosecutor also has a ton of things that they have to make sure they do. They have to decide what evidence needs to be addressed in court, ...
The criminal justice system is composed of three parts – Police, Courts and Corrections – and all three work together to protect an individual’s rights and the rights of society to live without fear of being a victim of crime. According to merriam-webster.com, crime is defined as “an act that is forbidden or omission of a duty that is commanded by public law and that makes the offender liable to punishment by that law.” When all the three parts work together, it makes the criminal justice system function like a well tuned machine.
The courts have the function of giving the public a chance to present themselves whether to prosecute or defend themselves if any disputes against them rise. It is known to everyone that a court is a place where disputes can be settled while using the right and proper procedures. In the Criminal court is the luxury of going through a tedious process of breaking a law. Once you have been arrested and have to go to court because of the arrest, you now have a criminal case appointed against you. The court is also the place where a just, fair and unbiased trial can be heard so that it would not cause any disadvantage to either of the party involved in the dispute. The parties are given a chance to represent themselves or to choose to have a legal representative, which is mostly preferred by many.
The New York Criminal Court handles misdemeanors and lessor offenses. They also conduct arraignments following arrests. The criminal procedure in this court includes: arrest, arraignment, indictment, a pre-trial, and then the trial. The New York Civil Court handles about 25% of all cases filed in New York. This court handles damage claims up to $25,000 and others civil matters set by the New York Supreme Court. The court has divisions by county, but it is a single citywide court. The District Court handles cases pertaining to both civil and criminal courts in most of New York. The rest of the cases are handled in Justice Court also known as town and village court. These courts are the “starting point” for all criminal cases handled outside of big cities. Unlike other courts which are state funded, these courts are locally
The reason that criminal law is a part of public law is that crime is
Criminal justice is the system of practices of governments used to uphold familiar control, restraint and extenuating crime, or penalizing those who violate laws with criminal penalties and rehabilitation efforts. There are three components to the criminal justice system which are police, courts and corrections. The criminal justice system can be overwhelming, intimidating, and perplexing for anyone who does not work with it every day. First, and most apparently, the imprisonment of criminals removes them from the general society and hinders their ability to commit further crimes. Some cases can be disposed of without the need of a trial.
In civil court a person or business is responsible for filing against another person due to a dispute between them. This person is known as the plaintiff and the defendant must prove their innocence by "the preponderance of the evidence." Some civil cases that a person can file for are divorce, child support, eviction, debts, or a car accident. The key players in the civil court system are the plaintiff, the defendant, and the judge. The