Civil Law V. Criminal Law

1. Define civil and criminal law. Could these case facts give rise to a criminal, a civil case, or both? Explain your answer.

Incapacitation involves imprisonment for offenders who commit crimes to prevent the possibilities of future offenses. (Schmalleger & Smykla, 2009, pg# 74) Incapacitation has reduced the crime rate considerably. Some offenders get out on bail or bond, serve the minimum of the sentence and out on parole or probation. Offenders realize that is getting more and more expensive to cover up their crime. Therefore, they are expecting to be caught. Rehabilitation or reformation is another form of sentencing. Rehabilitation is a process of treatment for offenders to get them back on track. It gets to the core of why the offender acted this way. Restoration is a process that makes the victim, offender and society go back to their original conditions. Victims will be

The United States Constitution has Fifth Amendment also called as Amendment V which is part of Bill of Rights. It protects people from being forcibly witness against themselves in criminal cases. "Pleading the Fifth" is an everyday term for summoning the correct that enables observers to decrease to answer questions where the appropriate responses may implicate them, and by and large without suffering a punishment for stating the right. This evidentiary benefit guarantees that respondents can't be constrained to wind up witnesses at their own particular trials. Assuming, in any case, they affirm, they are not qualified for the privilege amid round of questioning, where questions are significant to their declaration on coordinate

is considered to be harmful to society as a whole. Civil actions generally result in monetary

The Fifth Amendment (Amendment V) which is followed by the United States Constitution belongs to the part of the Bill of Rights and will protect each and every individual from being compelled to witnesses against themselves in all sorts of criminal cases. "Pleading the Fifth" is a sort of informal term used generally for invoking the right which allows the witnesses to decline the chance of answering the questions which may lead the answers that might incriminate them, and basically it wouldn’t provide any criteria to suffer a penalty to propound the right. This sort of evidentiary privilege makes sure that defendants generally the accused cannot be coercing to become the witnesses at their own trials. If, however, by any chance

The Fifth Amendment (Amendment V) which is followed by the United States Constitution belongs to the part of the Bill of Rights and will protect each and every individual from being compelled to witnesses against themselves in all sorts of criminal cases. "Pleading the Fifth" is a sort of informal term used generally for invoking the right which allows the witnesses to decline the chance of answering the questions which may lead the answers that might incriminate them, and basically it wouldn’t provide any criteria to suffer a penalty to propound the right. This sort of evidentiary privilege makes sure that defendants generally the accused cannot be coercing to become the witnesses at their own trials. If, however, by any

The three amendments that are used to protect the rights of those accused of a crime include, the Fourth, Fifth, and Sixth Amendment. The Fourth Amendment protects the right of people to be secure in their persons, papers, and effects, against unreasonable searches and seizures. (Peak, 2015, p.181). The Fifth Amendment protects the accused against self-incrimination, double jeopardy, and life, liberty, and property. Meaning no person will be forced to be a witness against themselves, they cannot be tried for the same offense twice, and their right to life, liberty, and property are protected under the law. (Peak, 2015, p.193). The Sixth Amendment is the right to counsel. Any person who is accused of a crime has the right to counsel for their defense, a speedy and public trial by an impartial jury, to be informed of the nature of their crime which also includes Miranda rights, and to be confronted with the witness against him/her while also having witnesses of their own. (Peak, 2015, p.195). These three Amendments in summary mean to me, that any person who is accused of a crime is innocent until proven guilty and their rights are just as important as anyone else. They have the natural born right to have their rights as citizens protected under the law, and ensure fair treatment from law enforcement officers.

In reviewing the court system of the United States there is a definite hierarchy between the trial courts, appellate courts and the supreme courts of both the state and federal levels. However, the actions of the court systems move at such a slow and hindered pace because of the bureaucracy of motions and objections among many others. The following is a review of the type of court system the United States has and why. Along with judges sentencing goals and philosophy; and sentencing innovations.

cause of the accusation; to be confronted with the witnesses against him; to have compulsory

During the trial, all evidence from both the prosecution and the defense is brought forward, and witnesses are brought in to testify in front of the judge or jury. This is when the prosecuting attorney pleads his case of guilt and the defense attorney casts doubt on the prosecution’s case, while proving the innocence of their client. Each trial has a set routine that it mostly adheres to. It starts with each attorney giving their opening statements, moving on to the presenting their cases while

In the United States criminal justice system, people are considered innocent until proven guilty. It is the job of the prosecution to “overcome the defendant’s presumption of innocence.” (Storm, 2012, p. 75) This is also referred to as the burden of proof (or proof beyond a reasonable doubt) in a criminal prosecution. Specifically, it means “the obligation to prove a disputed charge, allegation, or defense.” (Storm, 2012, p. 74) Two components of the burden of proof are the burden of production (presenting evidence to the judge or jury) and the burden of persuasion (convincing the judge or jury). (Storm, 2012, p. 75) Proof beyond reasonable doubt “is determined by examining the quality and quantity of the evidence presented.”

The differences between legal rules and other kinds of rules is that criminal law refers to the consequences associated with breaking them. As the substantive law meaning that it is the law of crimes, referring that Criminal law is the code conduct that all in the society need to follow the rule, and the prohibitions on murder, assault, and burglary. Meaning that if an individual violates or commits these crimes they are going to be treated as a criminal by punishing act from the state. Civil law is refers to procedural law to follow the rule of the state from someone that has committed a crime. Which it is divided into 5 categories, for example torts, property, contract, family, and juvenile law.

The Fifth Amendment as it pertains to confessions, states that “no person shall be compelled in any criminal case to be a witness against themselves. The Fifth Amendment was created to protect individuals against self-incrimination, and any confession obtained when it is in violation of the Amendment will be inadmissible in court. The case Miranda v. Arizona involves Ernesto Miranda who was arrested based on evidence linking him to a kidnapping and rape. Miranda signed a confession to the rape, but he was never told his right to counsel, his right to remain silent, and that his statements would be used against him during the interrogation before being presented the confession form. His lawyer argued that the

There are two major areas of law, civil law and criminal law. As a society, people tend to not pay attention to law unless they are in the middle of an issue. The two areas of law are important to know though, since an issue can occur at any time and it is important to be prepared and have a basic understanding of what is happening and what to do. Many people do not know the distinction between civil law and criminal law, and while the ramifications vary considerably for each, the cases can occur simultaneously, which is why it is important to know the differences and in what scenarios each form is used.

On the other hand, positive law is forced by the government for everyone to obey. In order for the law to be a positive law it must be formed and applied so that it is acceptable by most people .Common law is geared toward custom and usage for instance, nonstatutory customs, ways of life and examples that help steer the decisions of the judicial system The purpose of criminal law is to catch those individual’s that break the law and may harm other people. Not only does criminal law show individuals what they have done wrong but it also states what the punishment will be if the law is broken. Criminal law not only punishes the accused but it also offers protection through the judicial system that punishes and controls (http://www.hg.org/crime.html, 2012).