Criminal procedure essay

The caller stated that a red Mercury with a dealer license plate driving eastbound on I, at around milepost 99, was driving recklessly, swerving in and out of both lanes of traffic, speeding up to pass motorists and then slowing down in front of them. The caller left no additional information. A dispatcher relayed the information to Officer Starr, an experienced patrol officer in the area.

Criminal procedure essay

In talking with people about law, I find that they often misapply principles from criminal law to situations in civil e.

They are surprised when they learn the actual legal principles that apply to a problem. The purpose of this essay is to compare and contrast criminal and civil law.

In civil law, a private party e. In criminal law, the litigation is always filed by the government, who is called the prosecution. Crimes are divided into two broad classes: 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. 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. 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.

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In this way, large awards for plaintiffs in tort cases are often an illusion. In practice, criminals are either impulsive i. 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. 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. The state must prove that the defendant is guilty. The defendant is assumed to be innocent; the defendant needs to prove nothing. Other exceptions include defendants who claim self-defense or duress.

In criminal litigation, the state must prove that the defendant satisfied each element of the statutory definition of the crime, and the defendant's participation, "beyond a reasonable doubt. However, there are a number of technical situations in which the burden shifts to the defendant.

In civil litigation, the plaintiff wins if the preponderance of the evidence favors the plaintiff. This is a very low standard, compared to criminal law.

In my personal view, it is too low a standard, especially considering that the defendant could be ordered to pay millions of dollars to the plaintiff s. A few tort claims e. No ex post facto law. This protection takes two forms: A defendant who is found "not guilty" of a more serious charge can not have a second trial on a lesser included offense.

Criminal procedure essay

For example, if D is found "not guilty" on a charge of felony murder e.Scott Pearce’s Master Essay Method - Criminal Law and Procedure Approach Elaborate Approach Criminal Procedure Criminal Procedure issues can be said to fall into two broad categories: those that involve.

Siegel's Criminal Procedure: Essay and Multiple Choice Questions and Answers, Fifth Edition [Brian N.

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Criminal procedure essay

Criminal Procedure Essay Framework, Page 3 CRIMINAL PROCEDURE, 4th AMENDMENT ESSAY FRAMEWORK4 MEMORY BOX5 [MoE] FOURTH AMENDMENT 4 th Amendment, applicable to states through 14 Amendment, protects public including defendant (D) if D has a [RUG] reasonable expectation of privacy.

Multistate Essay Examination. An examination developed by NCBE consisting of minute essay questions. Areas of law tested are Business Associations, Civil Procedure, Conflict of Laws, Constitutional Law, Contracts (including Article 2 [Sales] of the Uniform Commercial Code), Criminal Law and Procedure, Evidence, Family Law, Real Property, Torts, Trusts and Estates, and Article 9 .

Prepare for the Multistate Essay Examination: learn about the test format, view the subject matter outline and test instructions, and access NCBE's study aids for the MEE.

Differences between Civil and Criminal Law