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 you’ve 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 they’ve 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 let’s say I’m 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 I’ve 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 affo.
150 words replay to each questionsQ 1. Discuss the prim.docx
1. 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 you’ve 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
they’ve committed can be considered breaking a law/statute and
2. 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 let’s say I’m 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 I’ve
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
3. 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
you’re afforded a lot of right in criminal prosecutions the
Plaintiff (Government) must prove that you’re guilty beyond
reasonable doubt. That statement is the hardest to prove if
evidence is not collected in the proper method or there just isn’t
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.
4. 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
5. 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 doesn’t mean there is no civil lawsuit
present. For example, if someone crashes their vehicle into
someone else’s on accident they should still have some kind of
consequence. That said, since there has been no crime
committed doesn’t mean the individual that caused the accident
should not have any punishments. That’s 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 victim’s family will be compensated in
civil court (Harvard Law School n.d.).
-Jonah
Harvard Law School. (n.d.). Litigation: Trial. Retrieved from
https://hls.harvard.edu/dept/opia/what-is-public-interest-
law/public-interest-work-types/civil-litigation/
Harvard Law School. (n.d.). Criminal: Prosecuting Offices.
Retrieved from
https://hls.harvard.edu/dept/opia/what-is-public-interest-
6. law/public-service-practice-settings/prosecution/
Storm, L. (n.d.).
Criminal Law
. Retrieved from
http://ebooks.apus.edu.ezproxy1.apus.edu/LSTD302/Storm_Ch1
.pdf
(n.d.). Retrieved from
https://www.hg.org/legal-articles/constitutional-rights-of-
criminal-
defendants-40221
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.
7. 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