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Title: Civil versus
Criminal Liability

Typed By: Mashia
Harris

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School: Kaplan
University

Section number: CJ289

Date:12/16/2017

 

            The first
principle is Legality that is a core value, it is a person’s right but also an
important resistance in the criminal justice law. The prosecution giving to
which crime or penalty that can exist without a legal ground. In Latin, it
states Nullum crimen, nulla poena sine lege that stands for (“no crime without
law”). (Iulia Crisan) It is, in fact, a guarantee of human rights; it also
helps defend the people from state manipulation and unjust of the intrusion of
the law. It is there to make sure that the fairness and transparency of the
judicial system are Authority. Legality is often associated with the attempts
to coerce the states, the governments, the Judicial system and the legislative
bodies from indorsing on retroactive legislatures, or ex-post facto clauses and
ensuring that all criminals behaviors are forbidden, and all sentences
established before the beginning of any criminal trials. (Iulia Crisan). For
example, some courts have the power in all questions of the legality of a
sentence, authority, or ability.

Actus Reus is more than just an
act. It is to be made up of-of whatever circumstances and penalties are known
for Liability for the crimes in a query. In other words, all the essentials of
crime other than the intellectual fundamentals. The crimes of Actus Reus are
divided up into two sections: the first one is there are behavior crimes where
the Actus Reus is the forbidden behavior. For example, the Actus Reus of the
crime of hazardous driving is basically driving an automatically drove vehicle
on a highway or other public residence. There were no harm or significance of
that hazardous driving that needed to be conventional. The second one is known
for misdemeanors where the Actus Reus of the misconduct requires proof of
evidence that the demeanor caused a prohibited result or significance. (Jason
Henry) For example, the Actus Reus of the crime of criminal mutilation is that
things belonging to another person. Actus Reus has to be voluntary the people
that are accused must be “Freely will” if he or she is to incur to get
liability. It could be instinctive for an assortment of reason: like when
automatism arises where the defendant does a physical act but is oblivious to
what he or she is doing or is not in control. (Jason Henry)

Causation is applied in the determination
in many legal cases. Caution is the essential relationship amongst the unlawful
doing act and the offender and the person of a loss of a family member or a
plaintiff. Causation contains assess whether a certain factor was a vital
essential for harm or a physical contributing issue to the harm of occurring
Physical contributing. The first test of cautions is determined to find the
multi-cause if the injuries. The claimant stomachs the burden of showing the negligent
act of oversight of each of the offender, then the wound would not have
happened. By the offender doing this- this contributory carelessness may be
apportioned as allowed by a ruling. The plaintiff must also prove that the
offender’s negligence was intentional towards the plaintiff. The impossibility
must be due to the issue that is outside the claimant’s control. For example,
the first one: would be contemporary boundaries of logical information. The
second one is: It must be clear that the offender broke a responsibility of
care due to the claimant, thus, revealing the claimant to an irrational risk of
damage, and the claimant must have partaken into painful injury. In other
words, the claimant’s wounds must fall inside the field of the risk created by
the offender’s breaches.

Harm is involved in a concept of
activities that can only be excepted if it causes maltreatment to anybody. It
does not say that the principle of harmful actions must be banned however, it
does say that detrimental actions are the only ones that can be banned the
detrimental principle does set a slight standard for what types of action a
liberal can justifiable forbid. The most concrete harm is Murder and
manslaughter because of the death of a human being, also Arson, for burning
down a building; theft by the loss of someone’s property. It is also not that
easy to associate what is harm if, it is associated with conduct that can prove
that it is defined as a criminal. For example, someone from the Gambino family
Causes bodily harm to the Bonanno Family in retaliation of killing of his men.
The man that was arrested was called Mikey and they were charged with murder in
the 1st degree. Or when someone threatens someone with bodily harm. Or people
that have suffered from bodily harm by another person.

Concurrence is the immediate
contract in crime while trying to commit a or cause harm to an individual. It
is required to prove Concurrence so that you will be able to argue that someone
had committed the crime that should be held accountable for their actions, except
in different cases. Concurrence is mainly used in law, but it can be a problem
in some civil cases. A case that would be great for Concurrence would be one
where a Doctor Hating a Rival Doctor but sticking Him or her with a needle full
of Anesthesia will he is at his desk, and it caused severe damage. So, the
Doctor had exhibited a guilty mind and a guilty act. But if the Doctor handed
the rival Doctor the Anesthesia and he accidentally stuck himself then, it
would not be crime. The Rival Doctor may not appreciate the gratification of
Jury, but it was no legal wrongs that have occurred.

Mens Rea is a part of Criminal
accountability, of Guilty mind. Mens Rea is a person’s consciousness of the
fact that a person’s mindfulness has shown criminals of the mental essentials
Actus Rea the acts the act is the physical part. Mens Rea was established in
the later part of common law era because the judges started to hold that an act
unaccompanied cannot hold criminals consistent if it as accompanied by a guilty
state of mind. Mens Rea required for a specific mutual law crime varied, such
as Murder requires a malevolent state of mind, and larceny requires a wrong
state of mind. In today’s crimes, they only include common law in crimes are
defined by law that typically understands words that specify Mens Rea. Men Rea
is usually synonymously with the words commonly determined even though it
usually determined words is more commonly used criminal liability when a
suspect does not intend to bring about a result.

Punishment is pain that is
inflicted upon a person for a crime that they have committed. Punishment takes
different forms of the capital penalty, beating, forced labor, and a mutilated
body to the development and fined. Postponed chastisement consists of a consequence
that is imposed only if offense is relentless within stated times. In extent
and value, such chastisements bored no unusual relation to the types or
importance of the crimes. Then it arose in the clue of equal penalty, that was
replicated in the theological sense “an eye for an eye”. The penalty came under
the control of the public with the change of the code of the different
regulation. It is viewed that the state is wronged by the crime because the
exaction of punishment by individual acting on their own doing. For example, in
some cases lynching is illegal to do.

Scenario for Legality

When someone gets pulled over by an officer for a routine
stop and the person that the officer has pulled over starts to get offensive
with the officer. It will not be illegal until the person that the officer had
to pull over gets physical with his /her, then they have the right to arrest
them for assault on an officer.

Scenario for Actus reus

Like when a woman keeps getting a phone call and she picks
up and no one answers her when she says, hello? And nobody says anything back
to her from the other line. That Is a sign of Actus Reus because it was
illustrated that an assault can be committed without any words being said.

Scenario for Causation

Mike has a lit cigar and him near the edge of the woods the
brush that is at the edge of the woods catches fire just as the flames are
about to fade out Ashley gets the gas off the back of the truck and pours it
unto the flames that is about to fade out.so them it became a wild force fire.

Scenario for Harm

Is when an officer gets a call about a person causing bodily
harm to himself by hitting his head on his ex-girlfriend door and threatens to
kill his self if she does not come outside and talk to him that is called
self-harm because he is causing harm only to himself and nobody else.

Scenario for Concurrence

If Mika starts a new business that could affect her
professional life or could determine how she will prosper in her future
professional life. Because she is thinking about buying a house or maybe she is
thinking of releasing a new product for her business that can break her
finances for her existing sales.

Scenario for Mens Rea

Shelby is a member of a street gang (she’s 19). She and her
crew were riding the streets of Skewness when they came across a rival gang,
“The Crips”. There was a scuffle and Shelby pulled a butterfly knife on Kay,
that emends up puncturing her lung and causing her to collapse in the street.
Just in a nick of time, the police arrived, and Shelby gang and her rivals
split the crime scene the police car didn’t see Kay in the road until it was
too late – they ran over her and she died on sense.

Scenario for Punishment

Sam lost all his
things in a bet, so he goes out and decides to go around and hold up a couple
of convenient stores so, he will be able to have money to be able to get
something to eat, but, on the last heist he got caught by the police that was
an undercover cop posing as the store owner. That is a felony offense.

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