Why Is Criminal Law Wrong

Criminal Law was essentially set up by the legislative and Congress, and includes the sentences by which individuals who violate the laws will be punished. A case will begin when an offense has occurred. Law enforcement will begin their process of investigation and gather evidence against the person who had committed the offense. Offenses are categorized as a summary of crimes, misdemeanors, and felonies. There are five categories of the violations of criminal law that can be categorized as either: felonies, misdemeanors, offenses, treason and espionage, and inchoate offenses (Schmalleger, 2015).

Civil law is a system of law conerned with private relations between members of a community rather than criminal, military, or religious ethics. Criminal law is a system of law concerned with the punishment of those who committed the crimes. I believe in the Good Samaritan Case it is both a criminal and civil case. The case is criminal and civil case. The case is criminal because Broitzman and Larson where both charged for the crimes they committed. This case is also a civil law case because being a nursing home the actions of the girls charged also effected the community in more than just a criminal way. The

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.

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.

Administrative adjudication-The application of rules and precedents to specific cases to settle disputes with regulated parties.

Civil Law – This Law is concerned more with a personal or private crimes such

Do your constitutional rights protect you from state laws? In 1989 Texas v. Johnson, Johnson had burned an American flag and Texas state law protects the American flag from being burned when the flag burner knows it will seriously offend others. Johnson was then arresting and tried, then the case went all the way to the Supreme court. Johnson claimed he was expressing his right to free speech. Flag burning conveyed a political message. Preserving the flag was related to the suppression of expression. There was no breach of peace. Johnson burning the flag was indeed free speech and he is protected by the 1st Amendment in this instance.

Criminal law involves inducing punishment to the convicted individual so that they would pay for their crimes. Civil law deals with disputes between individuals and redressing the wrongs by giving the victim compensation. Examples of criminal law include theft, murder, and robbery. Examples of civil law include, divorce proceedings, child custody proceedings, and property disputes. Five sources of criminal law in the United States include federal legislation, state legislation, municipal ordinances, executive orders, federal and state constitutions, and treaties and other international conventions. Federal legislation operates with its own set of rules apart from individual states. To determine whether if the crime is a federal offense depends

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.

For instance, Barron v. Baltimore (1833), where the U.S. Supreme Court recognized “dual citizenship” concept that entails that citizens can be American in the national government and also a citizen of one of the states they reside in. With this notion in the play of the U.S. Constitution dual citizenship did not allow states or local governments to recognize the Bill of Rights for the citizens of that state. In case with dual citizenship, did not work out it gave states to much power over national government. Now in 2018, this is civil liberty violation in the U.S. Constitution. In in most recent cases, in United States is Griswold v. Connecticut (1965), the Griswold’s were married couple that were not trying to have baby in 1965 in Connecticut that was illegal for that to happen. The U.S. Supreme Court made decision on the Bill of Rights confined the “penumbral” which means where the right of privacy in the citizen’s household to proustite activities that are birth control, abortion, the rights of homosexuals, and citizens have the right for physician- assisted the death process. In the case dealing with penumbral gave citizens that right to women, men, and homosexual the right to have these activities in their private

Civil LawThe branch of legislation dealing with the rights and duties of citizens. Criminal Law- Legislation dealing with crime and its punishment. The fact of the case seems as if it could be a criminal case or a civil case. The teenagers abused the elderly physically, and verbally. This should make them pay a fine to the family members. That would make it a civil suit. The teens where put in front of a jury and found guilty and sentenced to some jail time while others were giving other sentences for various charges and the negligence of the Good Samaritan Home employers and the abuse by the nursing aides. That makes it a criminal suit.

So what are constitutional rights? Constitutional rights are rights who have protection from government interference by order of the

Criminal and civil law are both practiced in the United States. By definition, criminal law is “a formal means of social control [that] involves the use of rules that are interpreted, and are enforceable, by the courts of a political community…. The function of the rules is to set limits to the conduct of the citizens, to guide the officials (police and other administrators), and to define conditions of deviance or unacceptable behavior.” (Bohm, Robert M. & Haley, Keith N. 2014, pg. 88 ) Civil law is considered a private matter between individuals and includes such things as the law of contracts and property as well as subjects such as administrative law and the regulation of public utilities. (Bohm, Robert M. & Haley, Keith N. 2014, pg. 88 ) The two types of law are means of social control however, criminal law will include some type of punishment whereas civil law will include compensation to a victim. Although a difference does exist between the two types of laws, it is important to understand that a person that commits a crime may have to be present in criminal court and in civil court. An individual may serve time in jail while also personally paying the victim a fine as restitution for a crime that has been committed.

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).

The Constitution gives our rights thanks to the founding fathers of our country. As Americans is this country we have many rights such as freedom of speech, freedom of