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Criminal Law and Common Law defenses - Research Paper Example

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Generally speaking, criminal law is designed to protect and vindicate public rights, while civil law is used to resolve private disputes (Davenport, 2008). Criminal law seeks to protect society as a whole…
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Criminal Law and Common Law defenses
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Criminal Law and Common Law defenses

Download file to see previous pages... For example a person who is legally injured can apply tort law to recover damages from the concerned person (the one who is ‘liable’ for the damages) (White, 2003). Tort law defines the legal injury and the conditions under which the doer (of the mistake) is held responsible for the injury caused (White, 2003). Tort laws are different from other laws. A tort is the violation of private rights, for example the rights to be safe and harmless from the actions of others. Anybody who is able to distinguish right and wrong can be charged for committing a crime. In the matter of torts anybody under any age can be held liable for torts. Torts are intentional as well as unintentional. Normal crimes are punishable by the state. Torts however involve individual consequences; the injured person has got every right to act. Tort law is different from other laws; other laws are classified pursuant to their seriousness (White, 2003).
Criminal justice system enforces criminal laws. Criminal justice system is nothing but a compilation of legal and social institutions that administer criminal law with respect to a set of already defined laws and regulations. Criminal justice system upholds social control, maintains justice and enforces laws. The Criminal Justice System of all nations includes three components: law enforcement, courts and finally corrections. Criminal justice systems include several major subsystems, composed of one or more public institutions and their staffs: police and other law enforcement agencies; trial and appellate courts; prosecution and public defender offices; probation and parole agencies; custodial institutions ( jails, prisons, reformatories, halfway houses, etc.); and departments of corrections (responsible for some or all probation, parole, and custodial functions) (Cole and Smith, 2003). All the three major components of the criminal justice system should ...Download file to see next pagesRead More
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