13 pages/≈3575 words
Short Answer: Criminal Act And Civil Act, Etc (Coursework Sample)
Answer each question completely I have attached the handout, there are answers/answer expectations under each question. 60 Questionssource..
110. Explain the difference between criminal act and civil act.
Criminal act is a division of act that deals with behavior that is construed as an offense against the state, public, and the society even the event that the immediate victim is an individual. Instances of criminal violations include assaults, murder, drunken driving, and theft among others. On the other hand, civil laws majors on the behaviors that result in injuries caused by an individual or other private parties such as a corporation. Instances of this include cases of defamation such as slander and libel, negligence that results in death or injuries, breach of contracts, and the damage to property. Criminal and civil laws differ with respect to the manner in which the cases are initiated and decided by the juries and the penalties imposed: the standards of proofs that need to be met, and the legal protections that are available to the defendants.
111. Discuss the legal arguments as to whether the death penalty violates the Eighth Amendment right against cruel and unusual punishment.
Arson, murder, and treason are examples of crimes that would prompt capital punishment in the society. According to the current constitutional Amendment to the United States, the elements of harsh and rare punishments are prohibited, although some provisions of the act of the parliament provides avenues where the accused perpetrators are granted a prompt and civil court-martial before a fair panel. As to whether the death punishment violates the human rights stipulated in the constitution that negates cruel and unusual punishment, the Federal Government responsible ensures and weighs the moral consequences of taking the life of an individual through the provision of fair trials for the accused. In this accord, the death punishment, therefore, undermines the human rights provisions, hence should be considered unethical and illegitimate. However, the judicial murder advocates purport that executing a convicted individuals often deters others from committing crimes out of the fear that they may be executed.
112. Explain why intoxication can be used as a criminal defense, and provide an example of a case in which intoxication might relieve an offender of responsibility.
Intoxication is considered as a defense available to criminal perpetrators who fail to understand the nature of their actions. Intoxication defense, therefore, occurs in limited circumstances that depend on whether the victim committed the offense voluntarily or involuntarily and the intent of the individual in making a criminal charge. Involuntary intoxication occurs in an instance where an individual is lured into consuming substances such as drugs or alcohol. Involuntary intoxication also occurs when an individual has an allergy or unintended effects that result from a legal prescription of medications. If considered as a crime, this means that the criminal defendant needs to have a specific intent to commit such a crime, with an involuntary intoxication occurring when criminal charges prevent a deferent from forming the intent required.
113. There is a difference between “not guilty by reason of insanity” and “guilty but mentally ill.” Which do you think is the best way to deal with mentally ill offenders? How does mensrea affect the difference between these two verdicts?
The mental status of a defendant has over time been an aspect of interests for several legal professionals. Several states have insanity pleas such as the Not Guilty by Reasons of Insanity (NGRI) and the Guilty but Mentally Ill (GBMI). The plea in a court lodged by an attorney over a person charged with a crime under the claims that he/she is mentally disturbed during the time the crime was committed is viewed as the plea of NGRI. The...
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