Civil Law V. Criminal Law

1507 WordsApr 29, 20127 Pages
Professor Gary Shapley | Civil Law v. Criminal Law | Introduction to Criminal Law | Joanna Solis 3/2/2012 | Only a few people actually know “the law”. Others think that the criminal justice system is a body that only has one set of rules and laws and all act the same. Not to mention that because of television they think that every case is tried at criminal court with a judge and a panel of jurors. However that is not the case because there’s two specifically types of law, civil and criminal law. Though both are very different from each other, both results are the same since they help protect our rights as citizens. Before we get to know what the differences between civil and criminal law we have to understand what each of them…show more content…
The third is rehabilitation is the prevention of crime by treatment. Lastly, incapacitation is punishment by imprisonment, mutilation, or even death. Incapacitation might be the most common of the four. (Samaha, 2008) In a criminal case, the defendant is not legally required to testify for or against themselves. They also have the right to a lawyer, and if they can’t afford one, one will be provided to them by the state. If the police want to interrogate the defendant, he or she has the right to have their lawyer present at the time of interrogation. During trial, the defendant is considered innocent until proven guilty. If he or she is guilty, the lawyer can still win the case for his client if he feels there is insufficient or circumstantial evidence against his client. In civil law testimony is quite simple because anyone who has knowledge of the facts that could aid the case in any way or form is often required to testify in court. Anyone who testifies or is a witness has the right to appear with his or her attorney. If any of the parties plays the Fifth Amendment card against self-incrimination, the judge will instruct the jury to make an adverse inference against the party that refused to testify. Burden of proof is when the prosecution presents evidence at the trial that proves beyond any doubt that the accused person committed the crime for which they have been charged. In criminal law, the burden of proof is

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