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Criminal laws vs civil laws
Criminal laws vs civil laws
Concepts of criminal law
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When you think about law you think about justice, rules, and government. Law can easily be defined as people who regulate their actions as well as actions of other parties to enforce authority. Within the law, there are many rules that are enforced and should be followed. Laws are set in place to in a sense mold he public and their opinion so that how society functions can be positively changed. However, not every person will follow these “laws” especially if they do not believe in them or they do not fit so well in a functioning society. There are two main ways to categorize laws; civil and criminal laws. Criminal laws stop actions that harm public safety and welfare (such as child neglect/abuse). Criminal laws make sure that the punishment …show more content…
See while criminal laws protect an individual rather than the public, civil actions are in place to compensate an individual financially, physically, and emotionally for any injuries suffered. Even though the man had narcotics on him, he was also falsely accused of another crime and injured in that process (Ross, 2013). There could be potential civil action against Officer Jones for violating an individual given rights. Yes the man has pending charges against him however; he has the right to file charges on his perception of how the encounter between him and Officer Jones went. In this case, he could say Officer Jones used excessive force causing physical injury to the man (this man was unarmed) and did not actually commit the crime he was accused of (Saltzman, 1999). Civil rights laws are there to protect citizens from abuses by the government including those from police. The officer can argue that he was only acting based on the information that he received from the victim and that he believed the information to be truthful and that the suspect at first was not showing cooperation when he was asked to stop. His civil rights was violated because of the way he behaved leading the officer to think he actually has a gun on him (Ross,
laws is to keep the bad things out from the old society out such as
Facts: Two residents of Virginia, Mildred Jeter a colored woman and Richard Loving a white man, got married in the District of Columbia. The Loving's returned to Virginia and established their marriage. The Caroline court issued an indictment charging the Loving's with violating Virginia's ban on interracial marriages. The state decides, who can and cannot get married. The Loving's were convicted of violating 20-55 of Virginia's code.
Laws are objects that dictate how people act every single day, but laws are not just made easily with a flick of a wand, there is a specific and tough process to go through if a bill wants to become a law, which
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.
“ 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:
In every society around the world, the law is affecting everyone since it shapes the behavior and sense of right and wrong for every citizen in society. Laws are meant to control a society’s behavior by outlining the accepted forms of conduct. The law is designed as a neutral aspect existent to solve society’s problems, a system specially designed to provide people with peace and order. The legal system runs more efficiently when people understand the laws they are intended to follow along with their legal rights and responsibilities.
Law is a system of rules that are implemented throughout social establishments to govern behavior. A principle for judging acts as reasonable or unreasonable and they may seem objective, universal, and knowable, which dispositions are guide. Our function is rational activity, and our rational nature gives us dispositions when we are naturally disposed to seek to know, understand, and be
Law is a system of rules that has been set up by the legislative branch of our government. It is a must that every person in that country follow these laws, or severe consequences will be held against that person. In every court house legal systems are held. There are two common types of legal systems used, common law and civil law. Common law is used by countries that are from the British colonies, as this type of system was originated from England, when King Henry II wanted to combine the laws and customs together. Whereas, the countries that use civil law are from the European colonies (Common Law vs Civil Law,2009). Even though, both laws are commonly used, they differ in terms of the constitution, the jury’s opinion, the role of the
The reason that criminal law is a part of public law is that crime is
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.
Laws serve several purposes in the criminal justice system. The main purpose of criminal law is to protect, serve, and limit human actions and to help guide human conduct. Also, laws provide penalties and punishment against those who are guilty of committing crimes against property or persons. In the modern world, there are three choices in dealing with criminals’ namely criminal punishment, private action and executive control. Although both private action and executive control are advantageous in terms of costs and speed, they present big dangers that discourage their use unless in exceptional situations. The second purpose of criminal law is to punish the offender. Punishing the offender is the most important purpose of criminal law since by doing so; it discourages him from committing crime again while making him or her pay for their crimes. Retribution does not mean inflicting physical punishment by incarceration only, but it also may include things like rehabilitation and financial retribution among other things. The last purpose of criminal law is to protect the community from criminals. Criminal law acts as the means through which the society protects itself from those who are harmful or dangerous to it. This is achieved through sentences meant to act as a way of deterring the offender from repeating the same crime in the future.
According to Reference.com (2007), law is defined as: "rules of conduct of any organized society, however simple or small, that are enforced by threat of punishment if they are violated. Modern law has a wide sweep and regulates many branches of conduct." Essentially law is the rules and regulations that aid in governing conduct, handling disputes, and dealing with criminal actions.
The Rule of Law means that the state should govern its citizens, in a way which works with the rules that have been agreed on. The Rule of Law is simply a fundamental principle of our constitution. Britain and other Western democracies are different in that Britain has an unwritten constitution, meaning that our constitution is not found in a certain document but that we actually have a constitution from the rules about who governs it, and about the powers they entail and how that power can be passed or even transferred. The Constitution includes; Acts of Parliament, Judicial decisions and Conventions.There are three main principles around the Rule of Law being the separation of powers, the supremacy of Parliament and the Rule of Law. The
"Law is a rule laid down for the guidance of an intelligent being by an intelligent being having power over him. A body of rules fixed and enforced by a sovereign political authority." (John Austin). "Law is the cement of society and also an essential medium of change. Knowledge of law increases someone understanding of public affairs. Its study promotes the accuracy of expression, facility in argument and skill in interpreting the written word, as well as some understanding of social values". (Glanville Williams). In other word, law is the system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties. The purpose of law is to
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.