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Archive for the ‘Criminal Law’ Category

To understand the different kinds of laws are very important in any judicial system. How civil law is different from criminal law. The civil law is different form criminal law in term of provision and punishment.

Criminal law:-

Criminal law is a branch of law which concerns crimes which are committed against the public authority. It is distinct from civil law and its provision for punishment is also different which involves crimes which people commit against each other, not necessarily against the public as a whole. Murder, for example, is covered under criminal law, because although there is a specific victim, murder in general runs against the interests of the public. By contrast, if someone fails to honor a contract, this is a matter for civil law.

In criminal law, a guilty defendant is punished by either (1) incarceration in a jail or prison, (2) fine paid to the government, or, in exceptional cases, (3) execution of the defendant: the death penalty. Crimes are divided into two broad classes: felonies have a maximum possible sentence of more than one year

Incarceration, misdemeanors have a maximum possible sentence of less than one year incarceration.

Criminal law, also termed as Penal law, encompasses the rules and statutes written by Congress and state legislators dealing with any criminal activity that causes harm to the general public, with penalties. It also covers criminal procedure connected with charging, trying, sentencing and imprisoning defendants convicted of crimes. It regulates how suspects are investigated, charged and tried.

Criminal law is typically enforced by the government. The state, through a prosecutor, initiates the suit. Criminal law encompasses Substantive Criminal law; Criminal Procedure; and the special problems in administration and enforcement of criminal justice.
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Civil law

Civil law seeks to resolve non-criminal disputes such as disagreements over the meaning of contracts, property ownership, divorce, child custody, and damages for personal and property damage. A civil court is a place where people can solve their problems with people peacefully. The function of civil law is to provide a legal remedy to solve problems. Sometimes civil law is based on a state or federal statute; at other times civil law is based on a ruling by the court.

TYPES OF CIVIL CASES

Civil law covers a wide spectrum of topics. Some of these topics are:

•    consumer law
•    international law                       
•    agricultural law
•    employment law
•    animal law
•    entertainment law
•    business law
•    family law
•    sports law
•    tax law
•    Intentional torts such as libel, slander, defamation of character, battery and assault.
•    negligence

In contrast, a defendant in civil litigation is never incarcerated and never executed. In general, a losing defendant in civil litigation only reimburses the plaintiff for losses caused by the defendant’s behavior.

So-called punitive damages are never awarded in a civil case under contract law. In a civil case under tort law, there is a possibility of punitive damages, if the defendant’s conduct is egregious and had either (1) a malicious intent (i.e., desire to cause harm), (2) gross negligence (i.e., conscious indifference), or (3) a willful disregard for the rights of others. The use of punitive damages makes a public example of the defendant and supposedly deters future wrongful conduct by others. Punitive damages are particularly important in torts involving dignitary harms (e.g., invasion of privacy) and civil rights, where the actual monetary injury to plaintiff(s) may be small.

One can purchase insurance that will pay damages and attorney’s fees for tort claims. Such insurance coverage is a standard part of homeowner’s insurance policies, automobile insurance, and insurance for businesses. In contrast, it is not possible for a defendant to purchase insurance to pay for his/her criminal acts.

Every nations or country have their own laws and regulation about the illegal issues and unlawful acts. The government of any country must have a restrict provision for laws related with criminal acts. Some time there is misuse of this kind of law is encounters. But we have understood that how much these laws help full for protection of criminal defendants.

There is related law like criminal law and civil law. Criminal law is very much known to laymen than civil law, there is lots of misconception about the criminal law and civil laws in this case there are lots of famous case the criminal law is come out in lime light. When the outcomes of these famous criminal trials and reach among the people then we find that they often misapply principles from criminal law to situations in civil (e.g., tort) law, which results in their misunderstanding. They are surprised when they learn the actual legal principles that apply to a problem. The purpose of this essay is to compare and contrast criminal and civil law.

Criminal law, also termed as Penal law, encompasses the rules and statutes written by Congress and state legislators dealing with any criminal activity that causes harm to the general public, with penalties. It also covers criminal procedure connected with charging, trying, sentencing and imprisoning defendants convicted of crimes. It regulates how suspects are investigated, charged and tried. Criminal law also includes decisions by appellate courts that define and interpret criminal law and regulate criminal procedure, in the absence of clear legislated rules. In order to be found guilty of violating a criminal law, the prosecution must show that the defendant intended to act as he/she did. In other words, there had to be intention.

If you are going to defend a case relying on self defence you need to know the law relating to self defence. Self defence is governed in Victoria by the common law. Statutory self-defence provisions exist in the Crimes Act 1958: one for use in murder cases (s9AC) and the other for use in manslaughter cases (s9AE).

Anyone who has studied civics in the USA knows of  number of protections specified in the U.S. Constitution:

•    No ex post facto law. Art. I, §9 and 10

If an act was lawful when it was performed, the performer cannot be convicted of a crime as a result of a law enacted after the performance.

•    Prohibition against “unreasonable searches and seizures”. Amendment IV is also help full.

•    Prohibition of double jeopardy. Amendment V.

This protection takes two forms:

1.    A defendant who is found “not guilty” of a more serious charge cannot have a second trial on a lesser included offense. For example, if D is found “not guilty” on a charge of felony murder (e.g., incidental killing of someone during the commission of a felony, such as robbery), then D cannot be tried for the underlying felony (e.g., robbery).

2.    The prosecution cannot appeal a “not guilty” verdict. Of course, the criminal defendant can appeal a “guilty” verdict and an incarcerated criminal can file a “habeas corpus” write.

•    Prohibition against compelled self-incrimination. Amendment V

•    The right to a speedy trial. Amendment VI

Enforcement of criminal laws in the United States has traditionally been a matter handled by the states. In civil law, a private party (e.g., a corporation or individual person) files the lawsuit and becomes the plaintiff. In criminal law, the litigation is always filed by the government, who is called the prosecution. And we can also hire criminal lawyers for private lawyers for any case.

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