...Criminal Law vs. Civil Law There are numerous differences between criminal and civil law. 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. (The Free Dictionary by Farlex) Civil law is defined as the body of laws of a state or nation dealing with the rights of private citizens. (The Free Dictionary by Farlex) In an attempt to explain the difference, you must first understand criminal law. Criminal laws are substantive and divided into categories of misdemeanors and felonies. The primary difference between misdemeanor and felony is the distinct punishments and issues regarding severity. In general, a misdemeanor is a violation of a meager crime. Misdemeanors typically do not involve violent actions or crimes that cause great harm to a society. Common forms of misdemeanors include: resisting arrest, simple battery, shoplifting, public intoxication, and in some states possession and use of marijuana. In contrast, a felony is a serious crime, such as rape, murder, kidnapping, grand theft auto, or assault with a deadly weapon. Convicted felons will undoubtedly face jail time. The Federal Government states that a felony is any act that carries a minimum one-year prison sentence (Difference Between a Misdemeanor and Felony). In criminal law and with criminal court the prosecution is always...
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...disturb others. Breach of the peace is usually handled as a misdemeanor, and sometimes the individual that is causing the disturbance will only be given a caution, asking that he or she stop the action in the respect of maintaining community order. The basic fundamentals between a felony offense and misdemeanor has to do with the punishment and how long prison sentence will be. The separating line between felonies and misdemeanors is not if somebody is convicted of a specific crime must be disciplined with a particular amount of time in jail or prison, however if such individual can be disciplined for a certain amount of time or sent to a particular sort of jail or prison. In states that support capital punishment (death penalty), the crimes deserving of death are felony offenses. In some states, a felony offense is assuming that it is deserving of more than a year in prison. In different states felony offense in the event that it is deserving of a detainment in a state correctional facility. A misdemeanor is usually an criminal offense that is sentenced for less then a year in a state, local, or county correctional facility. Some states have elective felony and misdemeanor criminal acts, otherwise called wobblers. This is a crime that can be charged as a felony or a misdemeanor offense but it depends upon the circumstances. They can also be brought up on charges as a felony offense but lowered to a misdemeanor by court as per a statute. Traffic violations are the...
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...Misdemeanors: Misdemeanors are going to deal with fewer crimes. A few examples are minor thefts, certain traffic offenses (like DUI or driving on a suspended license), and many minor drug offenses. Dealing with misdemeanors you will either be hit with a fine or jail time that is usually less than a year. In addition, dealing with misdemeanors depending on the charges if you have multiple charges they can be structured to run consecutively (rather than concurrently) meaning that when one sentence ends the next one begins. In that way, multiple misdemeanor charges can equate to years in jail. With the jail term, you may receive from the misdemeanor it will either be local or county jail. A defendant does have a right to an attorney, and one is appointed if the defendant cannot afford one, or the defendant can choose to represent himself, though that is highly unrecommended and the court will likely try to change the defendant's mind. Jury trials can be available, depending upon the type of misdemeanor alleged, though it is often a smaller jury (frequently just 6 members) as opposed to the familiar 12-member jury. Felonies: Felonies are definitely the most serious types of crimes these types of crimes will definitely land you in prison for either years or life. Examples of felonies include murder, aggravated or grand theft, rape, etc. If convicted of a felony, an inmate will most likely serve their sentence in a state or federal correctional institution, more commonly referred...
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...Unit 1 Individual Project Misdemeanor and Felonies By Christopher Mincey 10/12/2014 Introduction to Criminal Law (CRJS205 -1404B-01) Many people may have a lot of concerns of what may happen when they are charged for a crime and what may happen next if they are convicted. When people get arrested it is scary due to the fact of not knowing what may happen to you or what steps to take if you are convicted. You have charges that fall under two categories which are misdemeanor or felony. With both of these categories there may be time that an individual may have to serve behind bars or there may be different punishment that may have to be taken place. So the question of the day is what is a misdemeanor? Misdemeanor is considered to be a classification for crimes that are not that severe. With a charge of this caliber a person is subject to fines or the possibility of going to jail. When I say jail it is not be a federal correction institution instead it will be a local or county facility. Most misdemeanor crimes that have committed the convicted individual may have a penalty of imprisonment for up to a year in jail. They also will be required to pay a fine which may be up to $1,000 or more all depends if the person is a repeat offender. An individual may also be required to be placed on probation, community service and or pay restitution if there were any type of loss of property. So what types of crimes are considered to be a misdemeanor? Theft charges under a certain amount...
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... Memo: To: Mrs. Singh From: Charity Vogue AIU Law Office March 24, 2014 Dear Mrs. Singh; The charge against you is breach of the peace, also known as disorderly conduct. This being your first offense, I can understand your concerns and hope that this information will clear up any questions you have. I will inform you about the differences between a felony and a misdemeanor and the differences in consequences, in addition to explaining the possible outcome of your charges. The difference between a misdemeanor and a felony is the severity of the crime and the consequences that follows conviction. The Uniform Crime Reporting lists crimes in two categories, which are part one and part two offenses. Part one offenses are crimes that result in a felony conviction. A felony is any crime serious enough to warrant more than one year in confinement and up to life in prison or the death penalty. Felonious crimes listed as part one offenses are, criminal homicide, rape, robbery, aggravated assault, larceny, breaking and entering, arson and motor vehicle theft (Appendix II – Offenses in Uniform Crime Reporting, 2004). Misdemeanors are called part two offenses and result in less than one-year...
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...Felony Versus Misdemeanor How is crime defined and punishable under the law? Crime is defined by Merriam-Webster dictionary as an act or the commission of an act that is forbidden or the omission of a duty that is commanded by a public law and that makes the offender liable to punishment by that law (Merriam-Webster, n.d.). Under the law, there are two chief categorizations of crimes. The first is categorization is a felony. Felony crime is the worst class of crime and is punishable by a death sentence or a prison term. Some examples of felony crimes are kidnapping, arson, murder, and robbery (americanbar.org, n.d.). The second categorization of crime is known as a misdemeanor and carries a less severe punishment. Some examples of misdemeanors are resisting arrest, public intoxication, and simple battery. On the other hand, the same offense may be either a felony or a misdemeanor depending on the degree of the offense. One example is driving under the influence of drugs or alcohol. The first or even the second offense is generally a misdemeanor. Subsequently after a determined amount of prior convictions for driving while under the influence, the next violation may be prosecuted as a felony offense (ameicanbar.org, n.d.). Another distinction between felonies and misdemeanor is the sentencing that is handed down. Most states, as well as, the federal government class a felony as all crimes that carry a mandatory sentence of one or more years. On the other hand, a misdemeanor...
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...When it comes to crime you can break it down into several major categories. While they each have the same thing in common, which is breaking the law, they also have there own differences. In this paper I will be talking the five general categories of crime, which include the following: felonies, misdemeanors, treason and espionage, inchoate offenses and offenses. With each category I will also talk about the history of that crime, the rank in terms of seriousness, the consequences of getting caught and how the crime is tried in court. We all know that there are different categories of crime, but I think its safe to say the people that comment crime all fall under one category. The first crime that we are going to talk about is one that many are familiar with and that is felonies. A felony is a criminal offense for which a convicted person can be sentenced to serve one or more years in a state or federal prison, pay fines or both. A felony is generally considered to be a crime of high seriousness, while a misdemeanor is not. A felony may be punishable with imprisonment for one or more years or death in the case of the most serious felonies, such as murder. “Trial judge instructed the jury that a person who commits a felony is automatically liable for any death” (What is Felony Murder, 1996) All felonies remain considered a serious crime, but concerns of proportionality have in modern times prompted legislatures to require or permit the imposition of less serious punishments, ranging...
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...Week 7 Erica Clayton Spring 2015 Belhaven University Week 7 Hospital-based doctors include specialists such as a pathologist, radiologist, and anesthesiologists. Each one of these specialties is reliant on their position at the hospitals where they receive referrals from other specialist and physicians. Also, hospitals regularly perform various services for these specialties. Consecutively, hospitals depend on the hospitals based doctors because they provide essential services to the hospitals. Some hospitals have the cut-rate payment for hospital-based physicians, and some are requiring payment from doctors to reimburse hospital of the payments that performed for the services rendered. Medicare regularly pays for the services of the hospital based doctors in various ways. In some instances, Medicare pays physicians directly for the services provided. For an example, when a pathologist performs laboratory services for the hospital inpatients which has Medicare part A, some part of the Medicare's prospective payment amount to the hospital is for pathology service that provided. Technical and professional components are paid separately from the hospital-based physicians. There are federal statutes that involved criminal prosecutions under the fraud and abuse laws. There was a doctor named Greber. He ran a laboratory service that provided Holter monitors that were ordered by cardiologists. Greber's business matched the monitors to the patients that collected...
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...Differences and Similarities between Public and Private Sectors Mary Hawthorne Principles of Investigation SEC430 January 4, 2011 This paper discusses the differences and similarities between public and private sectors, including the differing methods of operation used by investigators during criminal investigations and the differing or similar chain of command. In the state of Florida one may realize there are plenty of property crimes that happen daily. The state of Florida recognizes a select few crimes happen more frequently than others. Vandalism, burglary, and graffiti are those few. When comparing all three together one type is more often reported then any of the three, and that’s vandalism. The state of Florida recognizes three different types of stages for vandalism in the public sector. The first being if the property was damaged less the two hundred dollars then the state will recognize it as a 2nd degree misdemeanor, A public sector suspect convicted of this charge may only spend up to sixty days in jail, as well as have to pay all the costs in order to fix the property that was damages. If the suspect was to damage over two hundred dollars but less than one thousand dollars then it may be considered a 1st degree misdemeanor, which carries much more time spent in jail at a maximum of one year plus all the costs the suspect may have damaged to the property. As many are aware of Felonies carry much more punishment then what...
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...The Singh Memo William Bower CRJS 205 26 Aug 2015 Abstract Crimes are classified in two main groups. Felonies, and Misdemeanors. Although both are a crime, and both have some serious implications, the consequences for felonies usually linger far beyond arrest and sentencing, and are often referred to as an “Invisible Sentence”. Introduction Crimes are broken down into felonies (serious offenses) and misdemeanors (lesser minor offenses), and while both may carry incarceration and fines, they also carry additional consequences that go beyond what most people know happens. While we strive to be a “more perfect nation” as the Constitution so eloquently describes America, we also have placed incredible burdens on our populace who has strayed from the path. Felonies and Misdemeanors When asked “what is the difference between a felony and a misdemeanor?” The probably most answered reply is “A felony is a crime in which the maximum sentence is punishable by more than a year in prison, a misdemeanor is a crime which the maximum punishment is up to a year in a jail.” While perfectly true, and factual, the consequences of both felonies and misdemeanors, are a little more encompassing. According to Black’s Law Dictionary a felony, at its simplest, is defined as “Generally an offense punishable by death or imprisonment in penitentiary” (Black, 1968). In most jurisdictions that definition is expanded to something that may read “a crime that carries a maximum...
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...Though misdemeanors and felonies vary by jurisdiction, most areas define a misdemeanor as a crime punishable by less than a year of prison time. A felony charge, on the other hand, is often reserved for more serious offenses and is punishable by imprisonment of a year or more. Can I Refuse to Answer Questions? If you are asked to visit the police station for questioning, you can refuse. However, if there is probable cause in your case, the police may obtain an arrest warrant. As such, hiring a competent criminal defense attorney is strongly advised to avoid escalating the situation. Is There a Difference Between Parole and Probation? Although they are similar, parole and probation are two different things. When someone is paroled, they are released from custody under supervision before the completion of their sentence. Probation, on the other hand, refers to a type of sentence that allows a convicted individual to remain in the community without serving jail time, provided he or she follows the conditions set by the...
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...Juvenile Crime Jacqueline Allen CJS200 June 9, 2013 Charles Musselwhite Abstract Juvenile crime is a crime committed by minors (juveniles) younger than the statutory adult age. In most of the legal systems there are specific procedures followed when dealing with minor offenders, such as juvenile detention centers, boot camps, etc. This paper will attempt to create a better understanding of the offenses, the causes, and the procedures to deal with the criminal behavior of juveniles. In addition this paper will project ideas to reduce the criminal behavior of these minor’s through intervention and preventative measures. Juvenile Crime Each state has its own trenchant juvenile justice system with its own practices and laws. There are however broad underlying opinion that separates the juvenile justice system from the criminal justice system. The fundamental rationalization of the juvenile court system is that youth are developmentally different from adults and that they are susceptible of being lead or directed. Because of this pliant behavior the justice system feels that rehabilitation and treatment, with the addition of community protection are very feasible goals. In the adult court the defendant is provided greater Constitutional rights than are available in the juvenile court. An example of this is the criminal defendant has a right to a trial by a judge or a jury of their peers. A minor does not have that right; their fate is decided by a juvenile court...
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...Classifying Crimes James Parkins CJ230: Criminal Law for Criminal Justice January 21, 2014 In this paper I will be covering many different things. I will be covering is some of the differences between both criminal and civil law. With that I will cover the goals and objectives, difference in remedies and outcomes, commencement of each case, and how the players in each system differ. After covering all of that I will give you a scenario and we will analyze it. Civil and Criminal Law Goals and Objectives The first thing that we will cove is the goals and objective of the criminal and civil laws. Civil laws are meant for one thing. That one thing is to protect an individual rather than the public interest. It works a lot with the constitutional rights of people. Criminal law is along the same lines with civil laws. The only difference is that criminal law is meant to protect the public and help maintain social order and stability. These are the objectives of the civil and criminal laws. Difference in remedies and outcomes As far as criminal law there are a multiple amount of possible outcomes. A list of possible is prison which could be state or federal, county jail, probation, etc. As far as the civil law goes, it is much different. Normally a majority of civil law outcomes are simply a monetary settlement (settlement involving money) or restraining orders. This explains the different possible outcomes of both criminal and civil law. Commencement of each case Now...
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...States.” He takes the stance that improved policing strategies and systems explain New York’s constant decreasing in various area’s of crime. Dr. Zimring will further assert his stance through finding the causes of the decline and explain what else can be learned though criminological theories and crime control policy. As previously According to Zimring, New York’s decrease in serious crime is unprecedented among America’s biggest cities. In the 1990s the entire country experienced the largest documented crime decline of the twentieth century, in which the typical big city experienced approximately 35 to 40% reductions in felonies. But in most urban areas the downward trend ended around the year 2000. In contrast, Zimring notes that New York’s decline has so far lasted twice as long, and the average felony rate drop has been twice as large. The city’s felony rates have plunged by an average of about 80%, and they have continued to stay at that low level or to decrease even further in the post-2000 period. Before proceeding further, it should be noted that criminologists John Eterno and Eli Silverman have raised troubling questions about possible data manipulation within the New York City Police Department...
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...done by a person in violation of those duties that he or she owes to society and for the breach of which the law provides a penalty. The parties in a criminal action are the plaintiff which is the government represented by the prosecuting attorney and the defendant who is the person or business accused of the crime. 3. Describe the difference between the following classifications of crimes: felonies, misdemeanors and violations. Felonies are the most serious of crimes, usually punishable by imprisonment, whereas misdemeanors are less serious crimes that are punishable by fines or less than 1 year in prison. Violations are not felonies or misdemeanors and the penalty is usually a fine. 4. Define Actus Reus? Define Mens Rea. What is a non-intent crime? Give an example. Actus Reus- guilty act Mens Rea- state of mind, evil intent A non-intent crime is a crime that imposes criminal liability without finding intent or mens rea. A death of a pedestrian due to a person’s reckless driving would be considered a non-intent crime. They could be found guilty of involuntary manslaughter and sentenced to prison. 5. What is the difference between criminal and civil law? What is the jury vote required for each? What is the standard of proof for each? Civil Law- Action is brought by a Plaintiff, trial by jury, except in actions of equity, a preponderance of the evidence (Burden of Proof) is 51%-49%, and a jury vote for the plaintiff requires 9 of the 12 jurors. Usually awarded...
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