1. Describe the difference between public law and private law, including the difference between criminal law and tort law.
The difference between public law and private law is that each govern two different types of individuals. Public law deals with citizens, companies, and state issues. Private law deals with contracts and obligations. This is the main difference between these two laws, but they also differentiate in the laws they obtain. For example public law has constitutional law, administrative law and criminal law. As for private law has civil law which includes contract law, law of torts and property law. Criminal law is the how the criminal is going to be punished, with either a fine of a certain amount or jail time. Tort law is similar in punishment to the criminal, but the punishment is payment to the person who was injured in the crime for injuries and damages that may have occurred.
2. List the reasons people commit crimes, and why they do not.
People commit crimes because it is a choice they make, but all their choices come with an reason and motive. They may commit a crime because of their own personal self-interest and based on how they will avoid getting caught. The environment they live in may cause interest in committing crimes also. There are people who get tired of getting stepped on and never seem to achieve society’s expectations; therefore they do crime to obtain a self-rewarding achievement. Being poor and not having money to provide for themselves or their families may cause a moment of stress leading that person to steal money.
The reason why a lot of people do not commit crimes is because they are satisfied with the life they live in. For example life may not be one hundred percent great, but they...
... middle of paper ...
...eing arbitrary and oppressive over them.
6. Discuss the meaning of the phrase “nulla poena sine lege.”
Nulla poena sine lege refers to the meaning that no one should be punished for doing something that the law does not prohibit. There are four types of nulla poena sine lege which are: praevia, scripta, certa and stricta. Praevia states that there should not be any punishment without previous law. Scripta states that there should not be no punishment without any written law. Certa states that there should be no punishment without a definite law, meaning that the punishment must be defined first. Stricta states that there should be no punishment without the strict law. Nulla poena sine lege helps by protecting those who could be convicted and punished when no laws exists. It also helps by preventing the creation of new laws to punish for past action and behaviors.
Criminal law attempts to balance the rights of individuals to freedom from interference with person or property, and society’s need for order. Procedural matters, the rights of citizens and powers of the state, specific offences and defences, and punishment and compensation are some of the ways society and the criminal justice system interact.
Civil law administers associations among individuals and a party who is wounded economically or physically by another individual or group can claim a charge in opposition to that unit. Conversely, criminal laws function below the conjecture that the society rather than a person, has been wronged by the defendant’s proce...
In addition to biological and psychological elements, there are the social factors that can influence people to engage in criminal activity. As a matter of fact, social and economic pressures play a major role in the cause of crime, since people are more likely to break the law when they have nothing else to lose. Therefore, the biological, psychological, and social factors should all be considered when trying to establish a reason for every crime. Word Count = 1,378
“ 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:
There are numerous theories as to why a crime is committed. Rational choice theory, which is a subset of classical theory, says that before people commit a crime they think about what they are going to do. They weigh the pros and cons before committing the criminal act. The rational choice theory is well suited for the causation of burglary. The support for this theory is that burglars do not commit crime for the fun of it or just because they want to. It is usually because they need money to keep their heads above water. In their situation, they do not see any other way than to steal to make a living. The opposition for rational choice theory is that criminals do not think before they act as they may be incapable of thinking rationally in the first place.
This paper looks at the different theories of criminal behavior that explain why people commit crimes. It goes deeper to analyze the specific theories in a bid to determine why a person may commit a certain crime and another person under the same circumstances may not. The paper focuses on key factors that motivate unruly behavior among people and why such factors are present in some people and not in others. In doing so, the paper leans more on children in order to determine how delinquency behavior is progressively imparted on them as they undergo developmental trajectory.
Another difference would be the consideration of the jury duty. It seems like common law cares about the jury’s opinion when it comes to solving murderous crimes. As the job of the jury duty is to decide whether the person on the stand is guilty or not. Unlike civil law, where it seems like they do not really care about the jury’s opinion because to them it is no more than a guide (The Economist Explains, 2013). In addition, force of law is considered when the court has to make it's decisions in the civil jurisdictions, whereas in the common jurisdictions, there is a force of law when the court makes it's decision, also they tend to follows up with the precedent, which are earlier events that may be used to help out with the case (Common Law vs Civil Law, 2009). The third difference between common law and civil law system is the role the judges conduct in these systems. According to the common law system, the judge has an active role, as his job is to develop rules and then applying them according to the case. However, during the trial, his role is to listen to both parties and then judge. Meanwhile, the judge's role in the civil law system is to be an investigator, since his role is limited and can only judge on existing lawful
...ulture and beliefs. Another reason one might commit a crime, is when people fail to achieve society’s expectations through legal means such as hard work and delayed gratification, they may attempt to achieve success through crime. People also develop motivation and the skills to commit crime through the people they associate with. Some criminals commit crimes because of the controls that society places on a person through institutions such as schools, workplaces, churches, and families. Sometimes there are occasions where a persons actions goes against what society considers normal, and as a result it is instead considered a crime. Also some criminals continue their criminal acts because they have been shunned by their society because once a person is labeled a criminal, society takes away their opportunities, which in most cases leads to more criminal behavior.
In today’s society, one will find that there are many different factors that go into the development of a criminal mind, and it is impossible to single out one particular cause of criminal behavior. Criminal behavior often stems from both biological and environmental factors. In many cases criminals share similar physical traits which the general population do not usually have. For example criminals have smaller brains than properly adjusted individuals. However biological reasons cannot solely be the cause of criminal behavior. Therefore, one must look to other sources as to how a criminal mind is developed. Social and environmental factors also are at fault for developing a person to the point at which they are lead to committing a criminal act. Often, someone who has committed a violent crime shows evidence of a poorly developed childhood, or the unsuitable current conditions in which the subject lives. In addition if one studies victimology which is the role that the victim plays in the crime, it is apparent that there are many different causes for criminal behavior. Through the examination of biological factors, in addition to the social and environmental factors which make up a criminal mind, one can conclude that a criminal often is born with traits common to those of criminals, it is the environment that exist around them that brings out the criminal within them to commit indecent acts of crime.
Statutory laws are laws that are set down through a legislative by a single legislature. Only one person writing and improving the law with the legislative to handle it accordingly. Statutory laws are acts passed by lawmaking body, and have two assignments: private law and open law. Private laws identify with particular foundations or people, while open laws are composed for the overall population to tolerate. Most laws go by Congress are viewed as open laws.
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.
Public and Private Law – Public law is the framework of guidelines defining the relationship between the government and individuals, and private law is the guidelines through which individuals or groups interact with one another. E.g. public law has subdivisions that include constitutional, administrative, and criminal law, whereas private law would cover such areas as contracts and properties.
Firstly in this report, I will be giving the different definitions of rule of law by different philosophers; secondly, I will be applying the rule of law to the English Legal system and thirdly I will be explaining separation of powers with a focus on the impartial judiciary. Finally, I will be using cases to support every detailed point given.
Law is one of the most important elements that transform humans from mere beasts into intelligent and special beings. Law tells us what is right and wrong and how we, humans, should act to achieve a peaceful society while enjoying individual freedoms. The key to a successful nation is a firm, strong, and fair code of high laws that provides equal and just freedom to all citizens of the country. A strong government is as important as a firm code of law as a government is a backbone of a country and of the laws. A government is a system that executes and determines its laws. As much as fair laws are important, a capable government that will not go corrupt and provide fair services holds a vital role in building and maintaining a strong country.
Both law and morality serve to regulate behaviour in society. Morality is defined as a set of key values, attitudes and beliefs giving a standard in which we ‘should’ behave. Law, however, is defined as regulating behaviour which is enforced among society for everyone to abide by. It is said that both, however, are normative which means they both indicate how we should behave and therefore can both be classed as a guideline in which society acts, meaning neither is more effective or important than the other. Law and morals have clear differences in how and why they are made. Law, for example, comes from Parliament and Judges and will be made in a formal, legal institution which result in formal consequences when broken. Whereas morals are formed under the influence of family, friends, media or religion and they become personal matters of individual consciences. They result in no formal consequence but may result in a social disapproval which is shown also to occur when breaking the law.