The Differences between Civil Litigation Procedures and Criminal Litigation Procedures: Because the public has suffered as a result of a crime committed by an individual or group breaking the law, the United States brings criminal action and they are represented in court by a public official who is known as, as a district attorney, public prosecutor, or United States Attorney. The jurisdiction of each court affects the types of crimes that are presented there. Courts that have limited jurisdiction prosecute lesser crimes (misdemeanors) and courts of general jurisdiction try more serious offenses (felonies). In civil actions an individual or a group has caused harm to another and they go to court to seek compensation for the harm caused. The injured party is called the plaintiff and they ask the court to grant damages in the form of a monetary payment. Some jurisdictions allow for jury to hear the trial. If neither party requests a jury, the judge renders a judgment after hearing both sides. In civil actions, the party who brings in action must present a preponderance of evidence.
Steps in a Criminal Procedure:
Arrest: An individual files a complaint with law enforcement, the judge signs the warrant and law enforcement can then make an arrest. An officer can make an arrest if there is probable cause and a grand jury must be convened to determine whether to charge or indict the alleged criminal perpetrator.
Bail: After the accused is taken into custody, the court may
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Civil actions protect individuals rather than the public. Civil actions protect the people, the injury
The court is the second component of the justice system – once the suspect is arrested, s/he is referred to as a defendant. It is now up to the court to decide if the police had enough evidence for probable cause for arrest – if the determination is positive, then the defendant gets an opportunity to plead innocent or guilty. Once the court establishes that the defendant is innocent, s/he is released; on the other hand if the defendant is found guilty the court decides the type of punishment and then the defendant is turned over to the Corrections for the follow up of the punishment.
The civil legal system is one in which plaintiff feels that they have been wronged in someway and seek compensation and not punishment through a civil suit. This usually happens in the form of property or monetary damages. In these cases civil law governs relationship between and among people, business, organizations, and governmental entities. For example the case of Rodriguez v. Firestone (2001) civil law contained the rules for the manufacturing and sales of consumer goods with hidden hazards for the user.
In reality, many arrests are carried out without a warrant. This is either because the Police are called to the scene of a crime and must act rapidly, or because they do not know who is about to be arrested before they deal with an incident and therefore could not get a warrant.
A Civil court is as the name implies a court system based on disputes between average citizens which are far different from a criminal court where you are dealing with convicts. Just like a criminal court, a civil court also has a set of procedures listed by the judicial system in 1937 with over 86 different rules. Civil cases usually involve disputes between people or organizations. The court case Fenton v. Dudley in 2014. Fenton V. Dudley is “A lawsuit against lawyers who had filed a Fair Housing Act lawsuit against the plaintiff, which is the person who filed the lawsuit, and it later made its way from federal court to state court” (“Civil Rights -- federal court jurisdiction”). Both Civil and Criminal court both have the privilege of a trial by jury, depending on the circumstance.
The defendant is the Australian couple Matthew and Annette Palmer, while the plaintiff is Nader Mohareb. The role of the defendant in the civil case is the person being sued, while the plaintiff’s role is the person taking the defendant to court to attempt to sue them.
The court system is made up of a judge, prosecutor, and a defense attorney. After the police have made an arrest and conducted their investigation the offender will have to seek a judge for their sentencing determination. Before the offender sees a judge, the prosecutor must file legal charges based on the evidence given by the arresting officer and the defense attorney, who is for the offender, will add his professional analysis of the crime to help protect the offender when being sentenced. After charges are filed the case will be presented to a judge who will then determine the necessary sentencing for the
“Criminal procedure is the branch of American constitutional law concerned with the state’s power to maintain an orderly society and the rights of citizens and residents to live in freedom from undue government interference with their liberty” (Zalman, 2008, p. 4). The Fourth, Fifth, Sixth, Eighth, and Fourteenth amendments are significant in studying criminal procedure. In criminal justice, the criminal procedure is important because it deals with the conflict between order and liberty directly. To understand the friction between order and liberty, Herbert Packer studied the competing values that underlie the constitutional order through the Due
Arrest warrant: When probable cause is established that a person has committed a certain illegal act, a written order is then issued by authority of the state
The next stage to the process of finding a criminal offender is getting the judge to agree to a warrant. A warrant provides the legal basis for an apprehension of a suspect. Once officers have their warrant, they will be able to search for more evidence that may pertin
The criminal procedure policy is initiated with a crime committed by a perpetrator. This process for the criminal can end at any of the various steps of the criminal process. As a criminal is process the individual has rights that are provided by the United States Constitution to ensure fairness and justice. The two major procedural models that shape the criminal justice systems today are due process and crime control models. The justice system has used these models for over two decades. The United States Constitution with due process and crime control models has forged the criminal justice processes that
In the american court room there are several people involved. Some of the most important and lawful figures include: the judge, who is the main authority and the one responsible for justice. The prosecuting attorney, responsible for presenting the case against the defendant. The defense counsel, who is in
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.
A law enforcement officer bears the responsibility of investigating arresting and assisting the victims. He arrests the perpetrator when he believes it is in order to do so. While this enables the officer to perform his work, the decision to arrest or not to is left to the discretion and judgment of the officer which would be subjective or downright faulty. The perpetrator can then theoretically get away with the incident or an innocent person wrongly
Crime may simply be referred to as an offense against the state or against morality and is punishable by law, while justice is the fairness practiced during judgment of cases usually in instances where crime has taken place. Crime and justice go hand in hand as commonly evident in a case whereby a criminal is apprehended and taken to a court of law, then a ruling of justice practiced on the case and fairness used in passing of judgments. In most governments globally, crime and justice is managed by a criminal and justice department and typically, various departments are involved. These departments may primarily include; the police, the prosecution department, the law department, the correctional