Criminal Law Cases

THE DIFFERENCE BETWEEN CRIMINAL AND CIVIL CASES:

Judges are asked to consider several types of cases with the majority of them falling into the category of Civil and Criminal cases. In order to understand the difference between civil and criminal laws, we need to review how the laws are made and who makes the laws and enforces those laws.

LEGISLATIVE BRANCH:

Is made up of elected officials such as Senators and Representatives who create new laws and amend existing laws.

JUDICIAL BRANCH:

Is made up of Judges who are either elected or appointed. They enforce the laws and sentence criminals in criminal cases and manage jury trials in civil cases. They are asked to apply common law and statutory law to particular case facts.

EXECUTIVE BRANCH:

Is made up of law enforcement personnel who apprehend criminals and the federal, state, county and city attorneys who prosecute the criminals who violate statutes.

CRIMINAL LAWS

Are created by the legislature to prevent and discourage citizens from committing criminal acts. For instance, the legislature has passed several laws to punish citizens who injure or kill others driving while intoxicated. The following are the steps taken by the Justice System when someone has been severely injured or killed by a drunk driver:

Law Enforcement:

The police officer apprehends the criminal.

Defense Attorney:

The alleged criminal hires an attorney or a public defender to defend his/her rights.

The Prosecutor:

The Federal, State, County or City Attorney must prove the alleged criminal's guilt to a jury "beyond a reasonable doubt."

Judicial:

A judge manages the trial and sentences the criminal to a set time in jail/prison and sets the fine.

The Department of Corrections:

The Prison Administration carries out the punishment while the person serves their time in jail or prison.