Civil vs. Criminal Courts Law Enforcement I. Copyright and Terms of Service Copyright © Texas...
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Transcript of Civil vs. Criminal Courts Law Enforcement I. Copyright and Terms of Service Copyright © Texas...
Copyright and Terms of Service
Copyright © Texas Education Agency, 2011. These materials are copyrighted © and trademarked ™ as the property of the Texas Education Agency (TEA) and may not be reproduced without the express written permission of TEA, except under the following conditions:
1) Texas public school districts, charter schools, and Education Service Centers may reproduce and use copies of the Materials and Related Materials for the districts’ and schools’ educational use without obtaining permission from TEA.
2) Residents of the state of Texas may reproduce and use copies of the Materials and Related Materials for individual personal use only, without obtaining written permission of TEA.
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Contact TEA Copyrights with any questions you may have.
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Type of Laws
• There are two types of laws:– Civil – Criminal
• Constables enforce both types• Most other peace officers only enforce
criminal law, but often come in contact with civil law cases
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Why is it Important to Know the Difference?• Peace officers need to know the
difference so they know when they can legally act on something
• Officers are oftentimes called out to civil cases but cannot enforce any laws
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Why is it Important to Know the Difference? (continued)
• In these cases the officers are expected to maintain order and ensure no violence occurs, or make an arrest if an assault does occur
• These are often called civil standbys
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• Examples of civil standbys are– Child custody drop off or pick up situations– Landlord and tenant disputes
• Officers cannot enforce any court orders related to these calls but can document for future court proceedings what happened
6
Why is it Important to Know the Difference? (continued)
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• Officers can always be called to testify as witnesses at a civil trial, just like in a criminal trial
7
Why is it Important to Know the Difference? (continued)
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What is the Difference?
• Civil law concerns the private rights of individuals and organizations in which the government provides a public forum for the resolution of disputes.
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What is the Difference? (continued)
• Criminal law involves the violation of statutory laws in which the state (the government) is the prosecutor
• Some examples are arson, rape, and armed robbery
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• The burden of proof in civil cases is considered to be a “preponderance of the evidence” which means more likely than not the person accused of the wrong did it
10
What is the Difference? (continued)
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• The state’s burden of proof in a criminal case is to prove a defendant’s guilt “beyond a reasonable doubt” which is a much higher standard than what has to be proven in a civil case
11
What is the Difference? (continued)
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• In a civil case, the one bringing the case is the plaintiff or petitioner and the one defending is the respondent
12
What is the Difference? (continued)
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• In a criminal case, the prosecutor is the one who brings the charges and the defendant is the one defending
13
What is the Difference? (continued)
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• Civil law can include private law and contract law– Private law includes redress for non-criminal harm
done to another– Contract law regulates the varied legal transactions
between groups and individuals
14
What is the Difference? (continued)
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• Violations of statutory laws are called crimes• Serious crimes are called felonies, and less
serious ones are called misdemeanors
15
What is the Difference? (continued)
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• The punishment for civil law is often monetary, which is paid to another person or institution
16
What is the Difference? (continued)
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• The punishment for criminal law could be monetary, time spent in jail or prison, probation, community service, or all of the above, plus a report of this on a defendant’s criminal record if they are found guilty
17
What is the Difference? (continued)
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• Civil law– Deals primarily with individual or property rights– Involves a concept of responsibility but not guilt– Usually everyone involved is a private party– A dispute is usually set out in a petition– The court remedy is relief from or compensation
for the violation of legal rights
18
What is the Difference? (continued)
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• Criminal law– Deals with public concepts proper behavior and
morality as defined by law– The case is initiated by a government prosecutor
on behalf of the public– Specific charges of wrongdoing are spelled out in a
grand jury indictment or a writ of information
19
What is the Difference? (continued)
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• Criminal law– On arraignment, the defendant enters a plea of
guilty or not guilty– Has strict rules of procedure that are used to
evaluate evidence– Determination of guilt results in punishment
20
What is the Difference? (continued)
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Resources
• 020547893X, Criminal Justice, James Fagin, 2006.
• 111134471X, American Government and Politics Today (Texas Edition), Steffen W. Schmidt, Mack C. Shelley, Barbara A. Bardes, Lynne E. Ford, and William Earl Maxwell, 2011.
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