Law Forum : Difference Between Civil & Criminal Law

Destee

destee.com
STAFF
Jan 22, 2001
36,060
9,935
betwixt and between
destee.com
Occupation
Website Consultant
One of the most fundamental distinctions between civil and criminal law is in the notion of punishment.

criminal law

In criminal law, a guilty defendant is punished by either (1) incarceration in a jail or prison, (2) fine paid to the government, or, in exceptional cases, (3) execution of the defendant: the death penalty. Crimes are divided into two broad classes: felonies have a maximum possible sentence of more than one year incarceration, misdemeanors have a maximum possible sentence of less than one year incarceration.

civil law

In contrast, a defendant in civil litigation is never incarcerated and never executed. In general, a losing defendant in civil litigation only reimburses the plaintiff for losses caused by the defendant's behavior.

So-called punitive damages are never awarded in a civil case under contract law. In a civil case under tort law, there is a possibility of punitive damages, if the defendant's conduct is egregious and had either (1) a malicious intent (i.e., desire to cause harm), (2) gross negligence (i.e., conscious indifference), or (3) a willful disregard for the rights of others. The use of punitive damages makes a public example of the defendant and supposedly deters future wrongful conduct by others. Punitive damages are particularly important in torts involving dignitary harms (e.g., invasion of privacy) and civil rights, where the actual monetary injury to plaintiff(s) may be small.

One can purchase insurance that will pay damages and attorney's fees for tort claims. Such insurance coverage is a standard part of homeowner's insurance policies, automobile insurance, and insurance for businesses. In contrast, it is not possible for a defendant to purchase insurance to pay for his/her criminal acts.

While a court can order a defendant to pay damages, the plaintiff may receive nothing if the defendant has no assets and no insurance, or if the defendant is skillful in concealing assets. In this way, large awards for plaintiffs in tort cases are often an illusion.

effect of punishment

The notion that the threat of punishment will deter criminal conduct is based on the principle that human beings are rational. In practice, criminals are either impulsive (i.e., not rational) or believe that they will not be caught by the police. Therefore, the threat of punishment does not deter criminal conduct, as one is reminded every day by reading reports of journalists.

Legal theory considers the possibility of loss of freedom (i.e., incarceration) as much more serious than merely paying damages to an injured plaintiff. As a result of this high value placed on personal freedom, legal dogma is that criminal litigation is more serious than civil litigation, therefore criminal defendants have more rights and protections than civil defendants, as explained later in this essay. The economic reality is that most people would prefer to spend, for example, one year in prison, than pay a million dollars from their personal assets.

Read More at ... http://www.rbs2.com/cc.htm




I did not know a lot of that stuff !!! :eeek:

:heart:

Destee
 

Destee

destee.com
STAFF
Jan 22, 2001
36,060
9,935
betwixt and between
destee.com
Occupation
Website Consultant
With criminal charges, because you are in reality facing the Crown, or the State, your advesary has at it's disposal every agency that is also under Crown or State control. You as the individual have at your disposal whatever you can afford, expert witnesses, private investigators, forensic evidence analysis all costs money, and lots of it. The State accesses these all the time to procur a conviction, most people have no idea how to get these services to build a case.

Ohhhh Sister ... this is soooo good !!!

I think, if a person is gonna be engaging in some activity that might end them up in a court of law, facing the state, crown, etc., that has all resources at their disposal, and are efficient, effective, and proven in using them ... and you got the boots you're standing in ... the odds are way against you!

If they are gonna put themselves in this position, then they should be lining up some money, expert witnesses, and all kinds of forensic scientists and stuff ... or they are in trouble.

Whew!

Be Prepared!

Thank You Sister !!!

:heart:

Destee
 

janrenalds

New Member
MEMBER
Oct 5, 2009
1
0
-Civil law pertains to non criminal charges such as a person owes someone a debt and hasn't paid, a landlord taking a tenant to court to get any rent due, etc. Criminal law deals with criminal activities such as D.W.I.'s, robberies, assaults, etc.wih criminal laws you have to prove beyond reasonable doubt and with civil you have to prove preponderance of evidence
-criminal laws are laws that seek to prevent people frok deliberately or recklessly harming each other or each other's property civil laws seek to prevent disputes between individuals, organizations, or governments, in which no criminal laws have been broken
 

Destee

destee.com
STAFF
Jan 22, 2001
36,060
9,935
betwixt and between
destee.com
Occupation
Website Consultant
-Civil law pertains to non criminal charges such as a person owes someone a debt and hasn't paid, a landlord taking a tenant to court to get any rent due, etc. Criminal law deals with criminal activities such as D.W.I.'s, robberies, assaults, etc.wih criminal laws you have to prove beyond reasonable doubt and with civil you have to prove preponderance of evidence
-criminal laws are laws that seek to prevent people frok deliberately or recklessly harming each other or each other's property civil laws seek to prevent disputes between individuals, organizations, or governments, in which no criminal laws have been broken

janrenalds ... Thanks for joining us and sharing! ... :wave: ... i appreciate the information! :toast:

Please make yourself right at home, because you are!

Much Love and Peace.

:heart:

Destee
 

$$RICH$$

Lyon King Admin.
STAFF
Mar 21, 2001
69,925
3,939
Da~WINDY*CITY //CHICAGO
Occupation
BUSINESS owner
Good info here , there was a lot i didn't know and much to learn here....
 

Create an account or login to comment

You must be a member in order to leave a comment

Create account

Create an account on our community. It's easy!

Log in

Already have an account? Log in here.

Thread starter Similar threads Forum Replies Date
Clyde C Coger Jr Black People Politics : Joy Reid nails the difference between white and Black people after Capitol riots Black People Politics 4
Destee Black People Politics : What's the difference between the opiod epidemic and the crack epidemic? Black People Politics 2
Liberty Black Jokes Humor : The Difference Between Bougie, Boujee, and Bourgie/Bourgeois, Explained Black Jokes Humor 0
Lrae Black Sports : SNL explains the difference between black and white quarterbacks Black Sports 6
jamesfrmphilly Black People : kareem-abdul-jabbar-this-is-the-difference-between-donald-trump-and-bernie-sanders Black People Open Forum 0
HODEE Black People : Is there a Difference between either statement? Black People Open Forum 1
chuck Black People Politics : There Is A Difference: Between Conscious Raising--Education--And Indocrination! Black People Politics 0
Destee Black Education / Schools : What's the difference between a college and a university? Black Education / Schools 6
RAPTOR Black People : What's the Difference Between Teach For America and a Scab Temp Agency? Black People Open Forum 2
KaHotep Black Poetry : Difference between Music and Religion Black Poetry - Get Your Flow On! 0
MsInterpret Black People : Is there a difference between Afro-Centric and Conscious? Black People Open Forum 10
chuck Black People : Is There A Difference Between Race And Racism? Black People Open Forum 2
Keita Kenyatta Black People : What is the difference between field corn and maize? Black People Open Forum 0
chuck Black People : Do Your Know The Difference Between Accountability And Freedom? Black People Open Forum 33
river Black People : Difference Between Democracy and Freedom Black People Open Forum 21
legit-writer Black People : difference between woman looking sexy and looking trashy Black People Open Forum 3
Chief Elder Osiris Chief Elder Osiris : There Is Not A Penny Worth Of Difference Between The Preacher, Professionals, And Bla Chief Elder Osiris 0
0 Black Spirituality Religion : what is the difference between religion and spirituality Black Spirituality / Religion - General Discussion 20
cherryblossom Black Men : What's the Difference Between a "BOY" and a "Man?" Black Men 27
Ankhur Black People : What is the difference between a Leader and a Teacher? Black People Open Forum 7
Ankhur No difference? between Masculine and Feminine? Why post that here??? Black Men 5
Ankhur Black People : The Difference Between Federal Reserve Notes and Real Money Black People Open Forum 0
A Black People : What is the difference between pan-Africanism and Black nationalism? Black People Open Forum 4
Chief Elder Osiris Chief Elder Osiris : There Is Not A Penny Worth Of Difference Between The Two!!! Chief Elder Osiris 0
S Black Spirituality Religion : Difference between Religion & Spirituality Black Spirituality / Religion - General Discussion 14
Keita Kenyatta Black People : DIFFERENCE BETWEEN BLACK /WHITE PEOPLE Black People Open Forum 5
Onyemobi Black Spirituality Religion : Whats the difference between the Orishas, Loa, Alusi, Neteru, etc Black Spirituality / Religion - General Discussion 16
tyab14 Black Spirituality Religion : Difference between the Spirit and the Soul Black Spirituality / Religion - General Discussion 54
Chief Elder Osiris Chief Elder Osiris : THE FUNDAMENTAL DIFFERENCE BETWEEN THE BELIEVER ANF THE Sivine THINKER. Chief Elder Osiris 0
Chief Elder Osiris Chief Elder Osiris : THE DIFFERENCE BETWEEN RELIGIOUS SPIRITUALITY AND DIVINE SPIRITUALITY. Chief Elder Osiris 1
B Black Poetry : Is there a difference between love and obsession? Black Poetry - Get Your Flow On! 9
dattaswami1 Black Spirituality Religion : Difference between God & God’s power (the process of generation of world from God is Black Spirituality / Religion - General Discussion 1
Q Black People : What is the difference between Love and "IN" Love? Black People Open Forum 7
Chief Elder Osiris Chief Elder Osiris : The Difference Between Menthology And Religion Chief Elder Osiris 0
PoeticManifesta Black Relationships : I asked some brothas, whats the difference between thick and fat..Response: Black Relationships 9
E Black Spirituality Religion : What is The Definitive difference between the MIND and the SPIRIT??? Black Spirituality / Religion - General Discussion 17
T Black Relationships : Is there a big difference between dating Latin VS. Black Men Or Woman Black Relationships 84
A Black Spirituality Religion : The difference Between Spirituality ,Religion,and Gods Plan... Black Spirituality / Religion - General Discussion 14
N Black Entertainment : Difference between Poetry and Spoken Word Black Entertainment 3
Poeticsoulsista Black Poetry : What's The Difference Between a Black Man and a White Man Black Poetry - Get Your Flow On! 10
Destee Africa : What's The Difference Between This Forum & The PanAfrican Forum? All Things Africa 10
I Black Spirituality Religion : What Is The Difference Between Egiptian Staues And Christian Statues ? Christianity Black Spirituality / Religion - General Discussion 1
A Black Spirituality Religion : The Difference Between the Religion of Islam and the Nation of Islam Black Spirituality / Religion - General Discussion 150
C Black People : There Is A Difference In Black Afrikan American And Black Afrikans In America Black People Open Forum 0
C Black People : TThere Is A Fundamental Difference In Being A Civil Rights Advocate Than Being A Revolutionary Freedom Fighter Black People Open Forum 0
Kemetstry Black Relationships : WHY THE DIFFERENCE IS SO BIG Black Relationships 2
Clyde C Coger Jr Science and Technology : Neandertal DNA Affects Modern Ethnic Difference in Immune Response Science and Technology 3
Al D Black People : What Can African/Black Folks Do To Make A Difference Black People Open Forum 63
Liberty Black People : The Difference That You Made Black People Open Forum 0
Liberty Health and Wellness : Medical Marijuana vs Recreational:What's The Difference? Black Health and Wellness 8
Similar threads


















































Destee Chat

Latest profile posts

Destee wrote on pdiane's profile.
Welcome Home Sister! :love:
pdiane wrote on panafrica's profile.
Hey Destee, thank you for still being here! You are loved!
pdiane wrote on panafrica's profile.
I'm Black on Destee, I feel at home! It's been a while! Soooo in 2004 I married my Senegalese Husband, when I first went to Senegal, I loved, it! The people were hospitable and my husband's family was very kind! Well I've been there many times now, have taken African Americans, well over 150 and it has been an amazing experience!
Free as free can be
Follow @EmptyWo76031418 on twitter.
Thanks.
Top