150 words replay to each questions
Q 1.
- Discuss the primary differences between civil litigation and criminal prosecution.
The main differences between the two listed above is that civil litigation is a civilian case that involves the courts, but the Plaintiff is requesting the courts to provide some type remedy for their suffering or type of pain. (Storm, 2012) Think of it as I want money for what this person just put me through. In Civil litigation the Plaintiff is the injured party suing the Defendant. (Storm, 2012)
As for Criminal prosecution is legal action brought on by the state or federal government. (Storm, 2012) Easy way to think of it is youve committed a crime at the State/Federal level, and they are charging you with a crime. In criminal prosecution the Government is the plaintiff and the defendant are the ones that has committed the so-called crime or broken the criminal statute of sed Government.
- Why are criminal defendants given more rights than civil litigants? Provide some examples of the rights afforded to criminal defendants.
Criminal Defendants are afforded more right because of the act theyve committed can be considered breaking a law/statute and the state is taking action on behalf of the people. A criminal defendant will have the right to defend his/hers rights because the constitution allows him to in many different ways. (Storm, 2012) First we have Article 1, Section 10 which protects the Criminal Defendants from Ex post facto laws and Bills of Attainder. Fourth, Fifth, Sixth, eighth, Fourteenth Amendment Rights followed by Federal and State Constitutional rights in Court. (Larson, 2018)
Ex post facto law is a law that is passed because of a crime so that the government can prosecute sed person later. (Larson, 2018) An essay example of the above is talked about in the lesson if murder is defined as any living human being born alive and change the law to included unborn fetus, while on trial is consider breaking the above law.
Bills of Attainder is when the Legislative branch of the government punishes the defendant without a trial. (Storm, 2012) Is easy to comprehend lets say Im part of a political party but some statue is passed preventing me from being hired because of sed statue makes it the above law.
Fourth amendment protects us from unreasonable search and seizure and warrant requirements. (Larson, 2018) The Amendment protects you from evidence that was collected illegally of by means without a search warrant when one was required. Perfect example of this is the New England Patriots Owner has been implicated in a charge but with everything Ive heard the warrant used was not legal to the extent that the local police unit used Hence a lot of the evidence may not be used.
Fifth Amendment protects you from Double Jeopardy, the right to remain silent, Due process of law and Miranda rights. (Storm, 2012) (Larson, 2018)
Sixth amendment controls the rolls of Criminal Prosecutions that afford you Jury Trial, Disclosure of Charges, the right to Counsel, Confrontation of Witnesses and Speedy trial. (Larson, 2018)
Eighth Amendment protects you from Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted(Larson, 2018)
Fourteenth Amendment gives you Equal Protection, Privileges and immunities, and due process to defendants in the state courts. (Storm, 2012)
- It is possible to be found not guilty in criminal court, but to be found guilty in civil court. Explain how this is possible. Provide an example of a scenario where this might be the case such as, murder versus wrongful death or assault versus personal injury.
An easy way at looking at the above question is that because youre afforded a lot of right in criminal prosecutions the Plaintiff (Government) must prove that youre guilty beyond reasonable doubt. That statement is the hardest to prove if evidence is not collected in the proper method or there just isnt enough evidence to prove you did it. Prefect example is the OJ Simpson trial he was found not Guilty in Prosecution but was found liable for the civil Litigation of the death of the woman. (Storm, 2012) Other examples are all over the United states, I can share a story from my family. My Grandfather was ran over by a Person in the early part of the decade and was killed, they brought Criminal Prosecutions on him but was found not guilty because they could not prove he did it on purpose or willing. Once that part of the process was complete, we sued and were in Civil Litigation and won on that end because he caused harm to our family that is ever lasting.
Larson, A. (2018, May 7). he Most Important Constitutional Rights In Criminal Cases. Retrieved from https://www.expertlaw.com/library/criminal/constitution.html
Storm, Lisa M. (2012). Criminal Law .
Q2.
- The term civil litigation is a legal process applied to non-criminal matters. Matters that seek resolution not through criminal charges but legal disputes (Harvard Law School n.d.). Matters such as landlord/tenant disputes, real estate lawsuits, workers compensation claims and divorce lawsuits (Harvard Law School n.d.). A criminal prosecution simply is a legal term that refers to the trial process in which gives a suspected criminal a fair trial. This can be at the federal, state and or local level (Harvard Law School n.d.). So as one can see the primary difference between the two is, civil litigation deals with non-criminal matters where criminal prosecution does. Once other difference is usually a civil litigation does not usually make it to court and is settled between the two parties where criminal prosecution usually settles in court (Harvard Law School n.d.). That said another difference between the two is goal or the outcome of the matter (Storm, 2012).
- The reason criminal defendants are given more rights than civil litigants is due to the fact that the punishments are a lot more severe. These defendants could lose their life and or liberty where in a civil litigation only have the risk of losing money (Storm, 2012). An example of this can be used in the trial that took place in the O.J. Simpson trial where his lawyer utilized their Six Amendment right of a speedy trial (Storm, 2012). More examples of rights that are afforded to criminal defendants can be found in the Constitution. Some examples being the right to be free from self-incrimination, presumption of innocence and the right to be free from excessive bail (hg.org).
- Yes, it is possible to be found not guilty in criminal court but to be found guilty in civil court. This is because even though a crime was not committed doesnt mean there is no civil lawsuit present. For example, if someone crashes their vehicle into someone elses on accident they should still have some kind of consequence. That said, since there has been no crime committed doesnt mean the individual that caused the accident should not have any punishments. Thats where civil court comes into effect where they can sue for damages done to the person who was hit. Damages such as bodily and psychological harm. Now say the person who caused the accident killed the person in the vehicle they hit. They can now be sued for psychological damages done to the family or sued due to the fact that if the person killed had a family they took care of, now will not be able to so the victims family will be compensated in civil court (Harvard Law School n.d.).
-Jonah
Harvard Law School. (n.d.). Litigation: Trial. Retrieved from
Harvard Law School. (n.d.). Criminal: Prosecuting Offices. Retrieved from
Storm, L. (n.d.). Criminal Law. Retrieved from
(n.d.). Retrieved from
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Q3.
Civil litigation and criminal prosecution have different goals and purposes. Civil litigation is a legal action between two individuals to resolve a dispute such as a personal injury claim for example. Civil litigation may be filed in state or in federal court, based on the issues involved. Criminal prosecution is a legal action where the government prosecutes a defendant to protect the public. Its a legal proceeding instituted in a proper court room on behalf of the public for the purpose of securing the conviction and punishment against a defendant for criminal behavior.
2.Once an individual is arrested for a crime and charged, they become a criminal defendant. They have a right to remain silent, right to an attorney and have a public trial. Civil litagation deals with civil cases with one person against another person without attorneys or representation. We see this a lot of those court tv shows during the day time.
3. Since criminal court and civil court are two different things, yes one person could be found not guilty in a criminal court and guilty in a civil court. An example of this would be the OJ Simpson case. He was found not guilty for the murders on Nicole and Goldman in a criminal case but a civil jury found him guilty and responsible for the the two deaths. While a criminal jury might reasonably fail to find guilt beyond a reasonable doubt and acquit an accused, a civil jury might also reasonably find by a preponderance of the evidence that a defendant s unlawful conduct results in civil liability.
Introduction to criminal law, http://ebooks.apus.edu.ezproxy1.apus.edu/LSTD302/Storm_Ch1.pdf
