The Influence of Civil and Criminal Laws on the Criminal Justice System
Description or Explanation: This research report will cover your in-depth knowledge of property rights as they relate to search and seizure, and the protection of arrest and the right to counsel. When thinking about your report, it is important to consider civil and criminal laws which have influenced outcomes in the Criminal Justice System. You will find cases and/or laws that cover both civil law and criminal justice law as it relates to the following:
Property rights to rules of search and seizure
Protection of arrest and the right to counsel.
When examining the civil and criminal law, think about the objectives below to help guide you in formulating your research
report.
Historical makeup: Give an overview of the civil case and criminal case which helped to shape the criminal justice
system.
Describe the distinct differences between the civil law and criminal law.
Assignment help – Discuss the reasoning behind these cases and laws.
Assignment help – Discuss the influence and outcome of these laws on the American criminal justice system.
Summarize the impact of these two cases as it relates to shaping our criminal justice system.
Requirements: The research report must be a minimum of five pages in length, not including the title page and reference page. A minimum of three sources must be used.
The Influence of Civil and Criminal Laws on the Criminal Justice System
American criminal justice delivers justice to crime perpetrators to enforce public safety and order. Since the enactment of these institutions and agencies involved with the delivery of criminal justice meant ratifications had been made over time to adjust the laws governing the system, thus shaping the systems to what it is today. These revolutions and changes are attributed to landmark cases where the convicts were dissatisfied with the ruling and appealed with intent to change their fate (Cole, 2018). This discourse seeks to expound on the different types of justice system laws, landmark cases that affected the right to counsels and property rights while highlighting the significance of the cases in shaping the American criminal justice system today.
In the American justice system, the law is classified in different ways. There are two broad categories of classification, criminal laws and civil laws. While both are recognized as stator laws responsible for shaping the justice system, they have different distinct features categorized based on the burden of proof penalties and rights to an attorney (Bergström, 2016). Herein are the main differences
Definition
Civil laws encompass behavior that comprises an injury to another party or individual such as contract breach, negligence with subsequent injury, defamation and property damage. In contrast, criminal law deals with behaviors considered an offense against society or the state, for essence, drunk driving, murder theft, etc. (Bergström, 2016).
Burden of proof
The criminal court and civil courts have varied standards when ascertaining the burden of proof. In a civil court, the plaintiff brought a lawsuit against the defendant where the plaintiff must submit the burden of proof ascertaining the likelihood of the defendant responsible for the wrongdoing than not. Then the jury whether or not the defendant was responsible, thus the defendant is liable for the offense rather than guilty. On the other hand, in a criminal court, it is solely the responsibility of the state or federal government to prove that the defendant undoubtedly committed the misconduct; thus, he or she is either acquitted or found guilty beyond a reasonable doubt (Bergström, 2016).
Penalties
Secondly, they have different forms of legal penalties for offenses committed. In a civil case, a defendant found liable for an act of misconduct is given a directive by the jury to compensate the plaintiff for damages in most cases monetary compensations for essences compensation to cover for medical bills, subjective losses such s suffering and pain. Notably, a jury is within the jurisdiction to award additional punitive charges to the defendant where he sees fit. On the other hand, in criminal cases, for instances where a jury is found guilty, he or she receives criminal sentencing from a judge. The penalties may include probation, fines or incarcerations. Additionally, criminal cases have greater consequences whereby, in extreme cases, the defendant receives a death penalty depending on the severity of the crime (Bergström, 2016).
Rights to an attorney
Additionally, In a civic case, the defendant is not entitled to an attorney. For instances where they cannot afford one, they represent themselves while in a criminal case, the defendant is entitled to an attorney. The states provide a public defender if the defendant does not afford one (Bergström, 2016).
Cases that caused a substantial change in America’s criminal justice
There are civil and criminal cases that effected substantial changes in America’s criminal justice. These cases ideally changed and revolutionized the law by either measurable establishing standards to be effected by courts in future decisions and provision of new principles replacing prior practices with violation of the rules. Most of these landmark decisions are mostly made by the Supreme Court (Neubauer, 2018). Here is a landmark case that relates to the Property rights to search and seizure rules and its influence in shaping the decisions today.
Mapp v Ohio (1961) -Property rights
This was one of the landmark cases by the US Supreme Court, barring the admissibility of evidence retrieved from illegal search and seizure. This law violated the fourth amendment of the US constitution, restricting prosecutors from using evidence obtained by breaching the amendment applying to both the federal government and the states. In Mapp vs. Ohio, Dollree was an illegal gambler involved with Birns, a racketeer. Following an n anonymous tip, that Mapp was harboring a fugitive vigil Ogletree, who was wanted for questioning by the police. The police showed up at her house, asking for permission to search her premises, whereby she declined the search without a search warrant (Tibbs, 2019). The police officers continue to watch her house. A few hours later, they returned with an alleged search warrant, which after a brutal back and forth confrontation, Mapp did not get the chance to see the document’s content. After a forceful search, vigil was arrested in Mapp’s house. Mapp refused to testify against Birns, the illegal gambler, and she was prosecuted for a misdemeanor count of possession of illegal gambling aid. She later appealed the conviction attesting to her house’s illegal search and use of brutal force by the police. The supreme court of Ohio overturned her decision and was later acquitted on the grounds of violations of property rights and the Fourth Amendment provisions.
Gideon v wainwright (1963) – the right to counsel
In this case, Gideon sent a petition to the Supreme Court to challenge his conviction for the Florida pool hall breaking whereby he was charged with breaking charges with after commit larceny. He acted as his counsel in court since he could not afford a defense lawyer but received a conviction of five years in jail. In his petition, he claimed that he didn’t receive a fair trial, given that he was not assigned a lawyer to help him with his defense. He argued, based on the violation of his fourth amendment right when he was denied counsel (Jockel, 2017). Eventually, the court ruled that he received a new trial with an appointment of defense.
Influence and outcome of these laws on the American criminal justice system
These laws have changed the American criminal justice system enhancing for fair trials per the provisions of the constitution. Moreover, many convicts that were incarcerated following the violations of the set laws have been acquitted. The landmark cases coming to the advent of a more revolutionized criminal justice system, improving the jurisdictions’ performances in mitigating injustices (Bergström, 2016). Following the case between Gideon v. Wainwright, the court held ruled in his favor upholding that the sixth amendment provisions were that an accused person had the right to counsel, and the government must provide an attorney at public expenses for persons that cannot afford one (Moskowitz, 2019). While the Mapp v Ohio has seen the recognition of property rights minimize trespassing by law enforcement officers.
Impact of the two cases in shaping our criminal justice system
In the case of Mapp v Ohio revolutionized law enforcement compliance with rules. The Supreme Court decision forbids the admissibility of illegally obtained evidence. This has enhanced the protection of people’s rights and their property while respecting their right to privacy. This case was of great significance in defining the provisions of the US constitutions and the bill of rights. Today, the citizen enjoys the rights relating to the Property rights to search and seizure rules without a legal search warrant (Tibbs, 2019).
In Gideon v.Wainwrigth following the Supreme Court’s ruling to accord the right to defense, The Supreme Court henceforth recognized the right to counsel at all the court proceedings stages per the provisions of the sixth amendment of the US constitution. This decision has benefited financially challenged criminals to equal defense rights based on the allocation of public defenders at the government expense (Moskowitz, 2019)
Conclusion
The American justice system has undergone a lot of transition in a wake to shape performance. Many cases have landmarked major revolutionized a lot of changes, for instance, the right to counsel and forbids the admissibility of illegally obtained evidence. This had seen a lot of people acquitted when justice was in their favor. By ensuring that the criminal justice system upholds the constitution’s rights, a lot of people have received fair trials regardless of age, gender, race or financial status. However, the criminal justice systems have been faced with many critics following several counts on injustices and discrimination.
References
Bergström, M. (2016). Mutual Recognition in Civil and Criminal Justice: Towards Order and Method.
Cole, G. F., Smith, C. E., & DeJong, C. (2018). The American system of criminal justice. Cengage Learning.
Jockel, S. D. (2017). Fulfilling the Promise of Gideon in Massachusetts: Providing a Post-Conviction Right to Counsel for Prisoners Asserting Innocence. BU Pub. Int. LJ, 26, 205.
Moskowitz, D. B. (2019). TRUMPETING CHANGE: GIDEON V. WAINWRIGHT 372 US 355, 1963 RIGHT TO COUNSEL. American History, 53(6), 22-24.
Neubauer, D. W., & Fradella, H. F. (2018). America’s courts and the criminal justice system. Cengage Learning.
Tibbs, D. F. (2019). The Start of a Revolution: Mapp v. Ohio and the Warren Court’s Fourth Amendment Case That Almost Wasn’t. Stetson L. Rev., 49, 499.
