1.Describe the basic rights afforded to every US citizen.
You have many rights as a US citizen including the right to Life, Liberty, and the pursuit of Happiness. Furthermore, according to our democratic system and the rule of law, criminal procedure give to every US citizen the fundamental rights of:
•Right to be informed about the crime for which the person is being arrested.
•Right to be presented before the magistrate within 24 hours of custody.
2.Compare civil vs. criminal procedures.
Civil cases are usually private disputes between organizations and people. Criminal cases are usually a harmful, immoral action towards society as a whole.
3.How are charges brought against a suspect?
Charges, brought against a suspect, are
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.
What are the purposes of criminal law and how do they compare to the purposes of civil law?
A 27year old African American man pled guilty and was convicted on five counts of common law burglary. He was sentenced to death in accordance with Alabama state law. The prosecution presented the eyewitness accounts of the events and the petitioner did not testify. The defendant did not testify on his behalf, nor did counsel present his case. The judge accepted the guilty plea without any confirmation from the defendant concerning his voluntariness of his guilty plea or its consequences.
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.
Individual rights are used by the Constitution of the United States to make sure that no government branch becomes more powerful than the other. This protects society against police brutality. Every criminal justice case must be conducted with fairness and equity, this is due process. Due process gives rights and
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
My rights as a citizen that I have are, the right to, life, liberty, and pursuit of happiness. According to Document E, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are Life, Liberty, and the pursuit of Happiness”(Jefferson). What this quote is saying is that we were given rights to basically live the way we want to live by our creator that can’t be taken away (unalienable) and this is my vision of my rights in a nutshell.
The U.S. Constitution guarantees some very basic rights to any citizen who is accused of a crime. The biggest right of all is the right to be presumed innocent until proven guilty. In other words, until and unless it can be proven without any doubt that you committed a crime, you will be considered not guilty.
As citizens of the United States, we possess rights that are guaranteed by the Constitution regardless of the circumstance. In relation to other rights, our constitutional rights are top priority and their here to stay. For police officers and the courts of the United States, this means that the criminal procedures they abide by must accommodate constitutional provisions that grant the people liberties from these procedures. Amendments VI, V, VI and XIV particularly focus on criminal procedures and require such procedures to adhere to these constitutional provisions.
My rights as an American citizen should be the right to freedom of speech, and that all men are equal. Thomas Jefferson, in The Declaration of Independence, said “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their
Being a citizen of the United States comes with advantages that no other country can match. We are granted rights and privileges just for being born within our borders. Others can also gain these rights by adopting our way of life and swearing to uphold its values. Being a citizen or not, we are expected to obey laws that the U.S. Government has put in place to maintain order and balance. When we don’t obey these laws the government has the right to punish us. Luckily for us, our Bill of Rights has even granted us rights until proven guilty. It gives us rights to a fair and speedy trial as well as the right to representation during trial. So many rights and procedures have come about since the birth of our nation. We are constantly making
The United States has a unique criminal justice system that stems from the unique rights granted to its citizens by the Constitution. The United States Constitution grants the most basic rights of “life, liberty and the pursuit of happiness” and no citizen can be denied these rights without due process of law. Due process is the way in which the criminal justice system ensures that the right person is punished for the right crime. This process includes certain rights of the accused and specific procedures that must be followed to the letter or the accused could be released without having punished for a crime he or she could have
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 purpose of civil law is to “deal with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim,” (“Civil Law vs Criminal Law.”, 2012). Civil law applies when there is a dispute between private parties, and the government is not involved. The lack of government involvement also leads to easier negotiations. Civil cases can be much more flexible since there is typically no law being broken and thus, no legal actions have to be taken. The less rigid civil law cases also generally allow them to be settled quickly and without controversy. According to the Bureau of Justice Statistics, more than half of general civil trials conclude in state courts, meaning they are able to reach an agreement and do not have to continue spending unnecessary time and money on the case (“Civil Justice.”, 2017).
in civil actions is primarily towards the individual, causing no harm to society. While criminal