One of the most fundamental distinctions between civil and criminal law is in the notion of punishment.
criminal law In criminal law, a guilty defendant is punished by either (1) incarceration in a jail or prison, (2) fine paid to the government, or, in exceptional cases, (3) execution of the defendant: the death penalty. Crimes are divided into two broad classes: felonies have a maximum possible sentence of more than one year incarceration, misdemeanors have a maximum possible sentence of less than one year incarceration. civil law In contrast, a defendant in civil litigation is never incarcerated and never executed. In general, a losing defendant in civil litigation only reimburses the plaintiff for losses caused by the defendant's behavior. So-called punitive damages are never awarded in a civil case under contract law. In a civil case under tort law, there is a possibility of punitive damages, if the defendant's conduct is egregious and had either (1) a malicious intent (i.e., desire to cause harm), (2) gross negligence (i.e., conscious indifference), or (3) a willful disregard for the rights of others. The use of punitive damages makes a public example of the defendant and supposedly deters future wrongful conduct by others. Punitive damages are particularly important in torts involving dignitary harms (e.g., invasion of privacy) and civil rights, where the actual monetary injury to plaintiff(s) may be small. One can purchase insurance that will pay damages and attorney's fees for tort claims. Such insurance coverage is a standard part of homeowner's insurance policies, automobile insurance, and insurance for businesses. In contrast, it is not possible for a defendant to purchase insurance to pay for his/her criminal acts. While a court can order a defendant to pay damages, the plaintiff may receive nothing if the defendant has no assets and no insurance, or if the defendant is skillful in concealing assets. In this way, large awards for plaintiffs in tort cases are often an illusion. ------------------- Presence in the United states without permission is a civil infraction. For it to be a criminal offience, the offender has to have been deported. On May 23, 3:09 pm, euwe <[email protected]> wrote: > Immigration law is civil law; law enforcement never enforces civil > law, > > On May 23, 12:05 pm, Harry Beck <[email protected]> wrote: > > > > > > > I agree, therefore the name ILLEGAL aliens. > > > Harry Beck > > Capt. US Army, Ret. > > Montrose, New York > > > Wherever you go, no matter what the weather, bring your own sunshine. > > > -----Original Message----- > > From: plainolamerican <[email protected]> > > To: PoliticalForum <[email protected]> > > Sent: Sun, May 23, 2010 11:49 am > > Subject: Re: Illegal aliens are not criminals > > > yeah, I heard this defense from an ACLU lawyer once > > > those who break the law are considered criminals > > > On May 21, 3:05 pm, euwe <[email protected]> wrote: > > > Theirs is a civil infraction, not prosecutable in criminal courts > > > until they have been deported at least once. > > > > -- > > > Thanks for being part of "PoliticalForum" at Google Groups. > > > For options & help seehttp://groups.google.com/group/PoliticalForum > > > > * Visit our other community athttp://www.PoliticalForum.com/ > > > * It's active and moderated. Register and vote in our polls. > > > * Read the latest breaking news, and more. > > > -- > > Thanks for being part of "PoliticalForum" at Google Groups. > > For options & help seehttp://groups.google.com/group/PoliticalForum > > > * Visit our other community athttp://www.PoliticalForum.com/ > > * It's active and moderated. Register and vote in our polls. > > * Read the latest breaking news, and more. > > > -- > > Thanks for being part of "PoliticalForum" at Google Groups. > > For options & help seehttp://groups.google.com/group/PoliticalForum > > > * Visit our other community athttp://www.PoliticalForum.com/ > > * It's active and moderated. Register and vote in our polls. > > * Read the latest breaking news, and more.- Hide quoted text - > > > - Show quoted text - > > -- > Thanks for being part of "PoliticalForum" at Google Groups. > For options & help seehttp://groups.google.com/group/PoliticalForum > > * Visit our other community athttp://www.PoliticalForum.com/ > * It's active and moderated. Register and vote in our polls. > * Read the latest breaking news, and more.- Hide quoted text - > > - Show quoted text - -- Thanks for being part of "PoliticalForum" at Google Groups. For options & help see http://groups.google.com/group/PoliticalForum * Visit our other community at http://www.PoliticalForum.com/ * It's active and moderated. Register and vote in our polls. * Read the latest breaking news, and more.
