Law, Justice, and Society
Law, Justice, and Society
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Law, Justice, and Society
The main significant distinction between civil and criminal law is the lower “Preponderance of evidence” standard proof. As depicted in the book, civil law is a private law that governs how transactions are made between non-governmental entities, such as corporations and public laws. Public law is the regulation of various associations between and among the government and private parties. There has been a confusion between civil law and criminal law since some of the harm may fall under civil law and vice verses. Civil law is classified into five major categories: torts, property, contracts, family, and juvenile law.
On the other hand, property law’s main focus is on property ownership and acquisition such as movables, real and intellectual property. It also governs how these properties are used, disposed of, given away, or inherited. Contract law insulates the conduct of businesses. Family law deals with several aspects of relationships and marriages, such as parties’ duties and responsibilities in a marriage, dissolution of the marriage, the issuance of alimony, and child support. Regulatory law also known as administrative law is a public law that regulates the association of government administrative agencies’ oversight of business. Since the administrative agency’s overwhelming growth, there was a need to reach a concession, which resulted in administrative agencies granted the power to create and enforce the law.
Juvenile law is a branch of civil law. It deals with both status offenses and delinquency. Status offenses are only applicable to the juveniles, while delinquency is comprehended as crimes only if an adult committed the criminal activities. Over the years, both offenses charged the same until recently when the Supreme Court created a juvenile justice system that closely reflects the adult justice system, especially when the crime involves a severe delinquent behavior. The USA noted with a lot of concern that the juveniles committed much property and violent crimes. However, with more research, scientists presented the Supreme Court with the evidence that most juveniles undergo a series of hormonal surges during puberty. They also argued that the juveniles were juxtaposed with adolescence in that the brain is undergoing a series of changes. The juvenile legal system has three distinct periods. The first period was when western culture heavily relied on parents to control their children. During the mid-1500s, the wayward institutional model was mainly used until the implementation of juvenile courts.
Peace within a society is significant for the growth of an individual and the economy. Hence it is fundamental to control individuals within a given set of society. Hence the use of the law is mandatory to control the behavior of citizens in a country. The violation of the laws set by the country’s judicial system is always punishable when the individual is found guilty. The author argues out the impacts of an individual found guilty are consistently negative, not forgetting those who witnessed the sentencing. Hence, every individual needs to focus on our conscience’s strength, how rewarding our transgressions are, what we lose as individuals when our violations are noticed, and our capability to analyze our wrongdoing’s cost and benefits.
The USA justice system has been guilty of being racist since black punishment is always severe compared to the whites’ sentencing. The author also notes out the significance of suppressing political dissent. However, the USA justice system is known for less consideration of political conflict. It also started implementing using psychiatry instead of sentencing the convict. The court would rather recommend the convict to see a psychiatrist when the convict is deemed mentally ill.
