When the average layperson thinks about breaking the law, they by default are thinking about criminal law. However, there is also civil law to consider, which has its own set of characteristics. Here are some of the principle differences between civil and criminal law.
Criminal Law – In criminal law, the government will file the case. In order to prove their case, the burden of proof is always on the government. They must prove “beyond a reasonable doubt” that the defendant is guilty and win a unanimous decision from the jury.
Civil Law – Cases are filed by private parties in civil cases and deal with the disputes between people or organizations where compensation is awarded to the plaintiff. While Federal courts require an unanimous verdict, in most civil case the plaintiff only has to prove that the “preponderance” of the evidence favors them. This can also be referred to in simpler terms as “more likely than not.”
This varies from state to state though. In Missouri, the decision of the jury must be 9-3 for the plaintiff to win. But in Federal courts, the plaintiff must get a unanimous verdict.
A defendant in civil litigation will not be incarcerated and certainly never executed. Losing defendant in civil litigation only reimburses the plaintiff for losses caused by the defendant’s behavior. Either party (plaintiff or defendant) can be found at fault.
Criminal Law – The crimes are divided into two basic classes: felonies and misdemeanors. The defendant is found guilty when the jury decides unanimously in favor of the plaintiff. If they are found guilty, the punishment is a fine (paid to the government), imprisonment, or death, in states that allow for the death penalty. The decision is and dry: guilty or not guilty.
Civil Law – There is more flexibility with guilt in a civil case. Both the plaintiff and defendant can be found partially right or partially at fault. Either way, the party found guilty cannot be imprisoned and certainly not put to death. But if they are found guilty, they must pay what’s called punitive damages as determined by the judge.
The Appeals Process
Either party may appeal the decision in a civil case. However, in a criminal case, only the defendant can file an appeal. If the person(s) found guilty want to appeal, they have a limited time to file their appeal.
What is the purpose of criminal law? This is not a very uncommon question that people in the field of legal study are asked. To answer this question, it is important to know what criminal law is. Criminal Law is the branch of law that deals with defining crime and providing the corresponding penalty or punishment for it. The application of criminal rules is not absolute among all people. There are various circumstances that can mitigate, aggravate, justify or even exempt a person from criminal responsibility.
This aspect of a state’s power may easily be categorized as an instrument of oppression or repression in some way. Ideally, the legal system does not always deal with the retribution of crimes committed by an offender but is mainly designed for the protection of the general welfare and protection of its citizens.
To serve and to protect is basically what the purpose of criminal law is. To elucidate further, the purpose can be considered as two fold. The first purpose is to maintain an orderly society through the expression of a public morality. The second one is to limit the people’s actions to what is moral and acceptable.
As to the first purpose, the expression of public morality is done by means of statutes, ordinances, rules and other laws. It usually describes what the government wants its people to act in furtherance of the welfare of the people. This is done by telling or defining whether or not a particular act is right or wrong depending on the criteria dictated by the respective state’s culture.
The second purpose of criminal law is all about providing the relevant penalties or punishments for such act considered to be wrong by the law. These will present unfavorable consequences when criminal laws are breached by offenders. Such power can be identified as an exercise of the inherent power of the state to protect the welfare of its people and maintain the integrity of its sovereignty. The only limitation to this power is that due process must be properly employed.
In addition, there are more aspects to consider in determining what the purpose of criminal law is. It also entails the protection of the victims of such crimes and also of protecting the rights of an accused. The cold neutrality of an impartial judge is also an integral part of an effective criminal regulation system. While the State may impose these punishments, constitutional and basic human rights as well should be put in consideration.
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What is the Purpose of Criminal Law?
Purpose of Criminal Law
Tourism industry is prevailing all around the world. A large number of western citizens are coming towards the eastern countries for adventure holidays and affordable shopping. Among all the major countries and destinations, Singapore seems to be the most popular due the surplus amount of the travelers who visit this country. It is very small in size; even then, Singapore has been able to influence the entire world with its capabilities of business and perfect lifestyle. It is considered to be the most safest country to travel however, it is very important for the travelers to follow certain rules to avoid troubles. Travelers are always under the threat of being charged with illogical charges or fake allegations. Before coming to Singapore, the tourists should try to obtain some knowledge in Criminal Law In Singapore.
All the travelers try to collect information about the transit services, tourist locations and the major attractions of Singapore. However, they tend to forget that the criminal or civil law is also very important. Often the travelers who are completely unaware of the Singapore are framed under false charges or are accused by someone illegally due to several conditions. The anti social elements of the country are also active in such activities. In case a traveler is accused under false charges, he should try to hire the top criminal lawyer to fight his case. Before leaving for the Singapore, try to visit the various websites and find out about the code of conduct applicable on the tourists. How a traveler has to behave in public, in tourist places, in temples and other sacred places along with what are the regulations applicable on them while they are in the country.
Some of the travelers who are unaware of the basic rules and regulations often get involved into unwanted situations. They can try to persuade the court of law and the police about their condition through the best criminal lawyer. You should also try to inform the High commission of your country since they are always ready to help the citizen of their country. However, it is better to stay updated with law, since it helps in staying away from the troubles. Apart from this the criminal lawyer and the knowledge in criminal law of Singapore helps the travelers to know if they are victim of any crime or whom they have to contact in case of any unwanted condition or situation. Be smart to travel smart in Singapore and enjoy holidays.
Vendela Jar is an expert writer having vast experience about the Law industry. Currently, she is writing on various topics like criminal defense lawyer. For More Information Click Here.
Los Angeles is governed by different laws that guide its residents on what they should and shouldn’t do. Any violation of the law is punishable and the degree of punishment depends on the extent of the offense. Severe violations of the law that causes serious damages are categorized under criminal offenses. These are weighed by the jury using the guidelines of criminal laws.
Offenses that fall under criminal law are murder, theft, battery, and sexual abuse. Even aiding and abetting, burglary, and assault are considered criminal offenses in Los Angeles and in most part of United States. Criminal offenses are enforced with corporal punishments in different forms and levels.
Criminal law enforcement is commonly done by -balancing the scales-. This is due to the thinking that criminals have to suffer the same way that their victims did. For example, a murderer deserves to undergo death penalty to balance the scales. This enforcement objective is called retribution.
Another enforcement objective is called deterrence, whether individual or general. Individual deterrence aims to punish the sole offender, while general deterrence aims to punish a greater group of society to discourage others from violating the law. A criminal attorney in los angeles may also be handling a case in which the law enforcers aim to incapacitate the client. Incapacitation is the act of extracting the offender from the society through death penalties or life imprisonment.
A criminal attorney in los angeles may also encounter law enforcers who aim only to rehabilitate the offender. This applies to criminal cases brought about by a certain form of addiction of the offender. There is also another form of enforcement objective called restitution where the only aim is to repair the damage done. These may seem like subtle consequences, yet these cases still need the assistance of criminal lawyers.
A criminal attorney in los angeles handles these cases because of his or her expertise in criminal law. Criminal charges are filed in courts and undergo a long process of stressful court proceedings. Once an accused person is proven guilty, enforcement of criminal law is done for different objectives.
Civil law deals with the enforcement of an oral or written contract. This would only mean that a certain entity is often involved in other cases except the commission of a crime. A wrongful act wherein the other party asks for damages is also under the civil law. When we mean civil law, it does not involve any crime. Civil cases often require more work for the lawyer or attorney because they need to gather evidences from different sources.
Most of the time, civil cases involve disputes between a person or an organization. A person or an entity who claims on their legal compensation or benefit is often called a plaintiff. On the other hand, the person or organization that the plaintiff requires the damages is often called the defendant, litigants or parties. Usually, the plaintiff often requires the defendant under the rules of law to provide him the respect and legal obligations deemed to them. A defendant is often required to give the plaintiff what is due to them.
There are several types of civil law cases, and they include commercial operations, divorce and custody, personal injury and estate planning, bankruptcy, taxes, employment, corporations, workers’ compensation, and contracts. Under the rule of civil law, penalties are often given in a form of order, custody, legal rights, liable for damages, and monetary award to the aggrieved party. It is extremely seldom that the defendants are subject to imprisonment, but in some rare cases, there are imprisonments involved.
Criminal law involves crime against people. It includes rape, robbery, murder, assault and kidnapping. In other way, it also includes tax evasion, burglary, larceny, smuggling, shoplifting and other forms of theft. Criminal laws also cover those who use and sell drugs, drunk drivers and other crimes against the law. The penalties given to perpetrators are often in the form of a fine and jail. Most of the cases under the criminal law are often dealt with an order to avoid further harm to society.
Under the criminal law, the person who is often accused of a certain crime is often charged with formal accusations for misdemeanor. The person accused is liable at large to the entire state or society and not to the victim alone. In this case, criminal defense attorneys just like a Utah Defense Attorney need to help their clients on their legal proceedings. After the trial and the court already made their decision that the other party is legally proven to commit the crime, then a sentence is clearly given. The sentence given can be in a form of supervision in the community, monetary penalty, imprisonment, or in some cases a combination of those penalties.