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.
2) Give one or two examples of how changing values and/or technology have led to changes in the law. Technology such as the cameras that police officers had on their uniform is a way of protection to themselves and the civilians in a situation, where a problem or crime scene it happened at that moment. Meaning that it is a way to record a evidence that it can be use in the court, that can be one example of how changing the values or technology have led to changes in the law.
3) Do you believe that “ruling class” (decide for
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I would say I preferred lived under a brutal dictator such as Hitler, Stalin, or Saddam Hussein than suffer the chaos of society without any kind of law. Because under the power of a brutal dictator we still have some type or rules to follow, that if you follow the law you will lived in one way or the other with peace. Instead of living under a chaos of a society without law, it would be so hard to lived and peace and not to be dead. Because in this situation you can do any type of robbery, rape someone, and kill anyone in the street, so for this reason I preferred lived under a brutal
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
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
Advances in technology has brought many benefits but also problems. The use of new technology creates moral and ethical problems and conflicting attitudes in society. The complexity of the issues and the pace with which technology changes mean that legislators have difficulty making laws that can keep in control of these changes.
Criminal law – This Law is widely statutory and covers a particular category of wrong that is considered social evils and threats to the community. Here the crime is against state regulations. Criminal Law is divided into three categories which are:
Question 7: Despite the wording of most statutes proscribing the offense of escape, courts increasingly require the prosecution to prove the defendant’s specific intent to avoid lawful confinement. Are courts justified in imposing such a requirement on the statutory law?
Criminal Law is largely statutory, and it covers certain kinds of crimes, such as murder, robbery, rape, fraud and extortion. In criminal cases, the state prosecutes the offender not the victim. There is three kinds of offenses and they are petty offenses, such as traffic violations, and they are usually punishable by a fine. Misdemeanors where you are charged a larger fine, and then you have the major offenses. They are felonies, which were mentioned earlier, those cases can be heard and prosecuted by the state or the Federal government, and they are usually punished by imprisonment. One example is the case of the OJ Simpson case, he was tried in Criminal court but he was found not guilty of Murder.
Yes, all of the time a search warrant will require probable cause. Our important constitutional right The Fourth Amendment means that police cannot arrest or make search without probable cause. For example, the police cannot just come into a residence unless the proper documentation is in hand such as a search warrant signed by a judge. Or if they are in
To begin with, criminal justice is a system that is designed to maintain social control, which means it is a necessary aspect of every society since “Laws are the conditions under which independent and isolated men united to form a society” (Beccaria, 1764: 16). In order words, crime control deals with the methods that are taken by a society to reduce its crime. As a matter of fact, there are various crime control strategies from community policing to risk assessments. In addition to the different tactics for controlling crime, there are several theories that not only attempt to explain the causes of crime, but also outline different ways to handle offenders; for example, deterrence, rehabilitation, and even retribution.
Argue for or against the theory that the courts should not hold a defendant of questionable competency to the standard sentencing guidelines.
In the case of Robinson v. California, 370 U.S. 660 (1962), the Supreme Court ruled that a law may not punish a status; i.e., one may not be punished to being an alcoholic or for being addicted to drugs. However, of course, one may be punished for actions such as abusing drugs. The question becomes; What if the status “forces” the action? What if a person, because of his/her addiction to drugs, is “forced” by the addiction to purchase and abuse the illegal drugs? Would punishing that person be unfairly punishing a status?
Before I begin my comparison, I think it is important to first discuss Criminal Law in general. Criminal Law is defined as “a body of rules and statutes that defines conduct prohibited by the government because it threatens and harms public safety and welfare and that establishes punishment to be imposed for the commission of such acts”. (Criminal Law, 2017) Most criminal laws are defined in a statute, meaning they were enacted through legislation. Criminal Law deals with actions that harm or threaten individuals or their property. The laws
Rule: Homicide: The legal definition of homicide is the intentional, premeditated taking of the life of another human being.
Civil law is also known as private law. It sets out the rules governing relationships between people. Examples of civil law are the law of persons, family law, commercial law, rent law and employment law.
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).
Have you ever pondered why individuals crave the fear and adrenaline in committing a crime? Or how individuals get so frightened by the thought of crime? As I came across multiple quotes this is the one that stuck out the most: “The world is filled with violence. Because criminals carry guns, we decent law-abiding citizens should also have guns. Otherwise they will win and the decent people will lose.” -James Earl Jones. Most individuals who do not have a steady home life, comprehensive learning, or have mental disorders carry guns for safety, tend to end up violating the law. Those problems occurred in the book Native Son, where the main character, Bigger, is faced with many crimes he created for himself. Bigger robbed many businesses within his neighborhood as well as killing two human beings. As a citizen, he committed many crimes throughout his community because he craved the excitement that came with being immoral. The quote also mentions guns and how criminals carry concealed weapons, which reflects back to Bigger.