The Existence of Civil Law - Essay Example

Civil War and Criminal Law Civil law is simply a discipline dealing with disagreements between private parties. Civil law is also involved in all deeds that stand to cause harm to others (Hemmer 758). The existence of civil law ensures peaceful coexistence amongst people living within the same community. Civil law has issues ranging from accidents to contract disputes. In addition, it helps solve property disputes. The civil law concerns itself with issues and disputes arising from individuals. On the other hand, criminal law resolves dispute between a state and a person. In other words, criminal law exists with the intention of imposing sanctions on unacceptable conducts of citizens. This paper seeks to give a detailed analysis and criticism of criminal and civil law. Civil Law Just like any organization having its challenges, civil law is not an exception. Civil law has challenges that need to be addressed as well as the good areas that need to be retained. It is in this regard that this part of the paper presents the dimensions of civil law that both need to be retained and changed. Ownership is one area that needs to be revised in order for civil disputes to be resolved efficiently. Ownership is one of the key and central concepts of civil law (Dorfman 408). Ownership largely outlines and ensures people respect boundaries for the peaceful coexistence of community members. In cases where people do not know the extent of their properties, conflicts are likely to arise between adjacent possessions. The entrepreneurial nature of people moves them to great length of wanting to amass more property for themselves. Each and every property has a spark that will always attract either a person or people with the intentions of owning it. Therefore, without clear boundaries on the ownership of property, conflict is bound to arise regarding the ownership. Therefore, ownership being a key concept of the civil law, there should be clear boundaries stating how far an individual or a person owns a given property (King 339). Further, each civil case in courts should be ruled in its merit. Let no other similar cases be used as a guideline in ruling a current case in court. On the other hand, the judges in American civil law remain disempowered as compared to the lawyers. The judges cannot proclaim common sense control over the cases, as they are ongoing. To a larger extent, the judge is reduced to a referee to oversee the contributions of the lawyers. In addition, judges in American civil cases do not know what they are to judge. The American civil case proceedings do not provide them with the basic information about what the parties need. Lack of prior information; therefore, make it difficult for issuance of judgment. American law should be changed to help judges have prior knowledge of the cases present in the courts. Presence and availability of prior information make judging possible, easy, and one that abide by the rule of law. The cost incurred in the process of filing a case should be reduced. The processes of charge have remained a mirage. There is need to assist people to access court at ease and file their cases with low costs. The process is too expensive compared to the values of disputed possessions. The high cost makes people avoid court process and choose to have their issues resolved at domestic level. Each new civil case should be treated differently and independently. Largely, new civil cases are benchmarked with the old civil cases to give a verdict. Benchmarking of different cases is unfair because cases are different and have different claims by the parties. Thus, plaintiffs are supposed to have enough time to provide necessary information about their claims. In cases of extra evidence later on, the applicants of a civil case ought to be allowed to testify. Thus, the truth established in a fair process. Further, the cost for filing a civil law case need be reviewed downwards. Reduced cost will make sense out of court proceeding. This is because the main reason for filing a case is to find justice, that is, recover what one might have lost. Civil law helps solve conflicts and maintenance of peaceful existence. Injunctions are to be encouraged in all civil law because they help stops further damages and gives time for the establishment of the truth. Therefore, parties get are assured of a fair administration of justice. The fact that the civil law gives applicant room to seek remedy in civil suit is encouraging and worth the process. The reason as to why people seek justice is to get back what they have lost. Further, the waste of time and income involved in the process needs compensation. Therefore, this should be retained and enhanced in civil law because it instils respect in people and their property. Civil law ensures people, individual properties, and their reputations are protected. Moreover, it provides protection for damages and attaches fine to people who bleach the law. Thus, an applicant will always feel safe to carry out his or her activities to any part of the country without fear of loss. Therefore, these positive attributes ought to be safeguarded at all cost and should be enhances to improve of the judicial processes. Criminal Law Criminal law has equal challenges that need to be addressed for it to serve the American effectively. For instance, the appeal process should be changed. The appeals focus more on the occurrence during the trial rather than the issue of the person’s culpability or guiltlessness (Epps 1128). In addition, late evidence for the appeal is at times barred from hearing. The appeals should be shortened, and the executions sped up. Further, the additional evidence should be allowed for hearing because it helps have a fair judgement. The appeals should focus on the guiltiness or innocence and the occurrence of the trial in equal measure (Recent cases: United States v. Muhammad). With all these done, justice for the victims will prevail when parties have time to defend and argue their case. Criminal justice should be at par with the advancement in technology. What seemed right and acceptable yesterday become outdated and unnecessary. Everyday come with newness and thus information in cases need to be updates to the current evidence available. For instance, the DNA technology plays a key role in setting free convict who have been wrongly convicted (Gardener & Anderson 14). The American justice ought to understand that evolution of science improves evidence collection. Thus, criminal law should embrace this trend, to ensure that justice prevails among the wrongly convicted individuals. For instance, the former FBI director acknowledged the impact of the DNA evidence regarding investigations. Through DNA analysis, it was found out that thirty percent of the convicts had been wrongly convicted and judged. Thus, innovation in technology should be embraced for justice to prevail. DNA disapproves inaccurate or intentional false testimony that is meant to fix other people. For example, it was only through DNA that the innocent men who had been convicted and arrested at Montana were set free (Neufeld 1-3). The evidence presented earlier on was based on the old science and was misleading. Criminal justice at times offers justice with bias toward the people of colour. The colour of one’s skin can never commit an offence but rather the person. Therefore, racism should never be used a base of rationalizing individuals who commits crime. Black people or white individuals are not defined by the colour of their skin but it is a strait endowed to them by God. The American law was largely influenced by racism when determining factor of a convict. This resulted to most of the black’s people to be placed behind bars without due process. For instance, Clarence Brandley was arrested and jailed in January 1990 for crimes he never committed (Official Misconduct: A Deliberate Attack on the Truth 7). Clarence spent a decade behind bars, as his witness was threatened against testifying. The real facts, fairness, and the rule of law were disregarded accusing him of having raped and murdered a white schoolchild (Official Misconduct: A Deliberate Attack on the Truth 7-8). This should not happen in a judicial system. There should be witness protection department that ensures all witnesses are protected against attack for their stand in a given case. Threats and intimidations should not be used by those in charge to stop witnesses against testifying. Witnesses should be kept secret even during testifying to unfold the truth. Imprisonment in criminal law should be retained now and in the future. Imprisonment is simply a form of rehabilitation to offenders. Through this process, an offender reforms to become a useful member of the community. Further, through the rehabilitation period cases of repeated offences by the member is greatly reduced. Imposing of penalty for offender helps to discourage individuals from engaging in crime. The penalty usually cost more than the crime committed. Therefore, penalty makes person find nothing beneficial in committing crime. This dimension of criminal law should be retained. Retribution also is one area of criminal law that should be retained. Criminals should be denied some of their rights that are enjoyed by other members of the society. These rights are enshrined in the constitution for every citizen to enjoy. The criminal law put the offenders at an unpleasant disadvantage, in that; one who murder may be denied the right of life or of free movement. Important Trends in the Civil and Criminal Law Various organizations aspire to make strides in terms of development. Law, both criminal and civil, have a brighter future within the current trends of reforms. Addressing challenges into opportunities at every stage helps have a better for people, the state, and private entities. Prevalence of justice for victims is one of the happiest moments for both the criminal and civil law (Whiteman 3). The following trends remain playing a key role for law in the next year. The multigenerational workforce trend for both the criminal and civil law is important for the next year. Herein, four generations work side by side with some legal professionals working beyond their retirement age. In so doing, there is a balance regarding the generational gap as both the oldest and the youngest work comfortably together. The setting provides both the young and the old legal professionals’ new workforce dynamics and challenges. Therefore, one gets out as a more competent person able to handle a diversity of challenges presented by various environments (Lavery 573). Social networking for criminal and civil law is another trend that will be of use for next year (Holt and Pedro 9-10). Social networking has the power to transform the practice of law in the coming years since it provides a platform through which the legal professionals interact. Further, the legal professionals are endowed with a range of tools through which they may accomplish a certain legal work and other career objectives (Holt and Pedro 9-10). In addition, the social network changes the way people do their activities in law. Recruitment becomes international as a wider group gets to present their resumes for a job. Those social media ensures the best qualified to get the job. The availability of alternative legal delivery models in law will be an important trend in the next year. Gone are the days where lawyers had a monopoly on the law. In the present years, clients are free to seek legal assistance from the increasing number of non-lawyer professionals. A variety of legal sources enhances the provision of affordable services to the poor population. In addition, alternative legal delivery empowers citizens as they can attend to their legal matters. Conclusion Both civil and criminal law play an important role in ensuring peaceful coexistence of members within a community or a country. People all over the world should feel free to carry out their activities without fear of intimidation. Justice should prevail at all times regardless of the race but regarding the crime. Works Cited Dorfman, Avihay. "Private Ownership and the Standing to say so." University of Toronto Law Journal 64.3 (2014): 402-440. Web. Epps, Daniel. "The Consequences of Error in Criminal Justice." The Harvard Law Review Association 128.4 (2015): 1065. Web. Hemmer, Alex. "Civil Servant Suits." Yale Law Journal 124.3 (2014): 758-802. Web. Holt, Michael R. and Victoria San Pedro. "Social Media Evidence:What You Cant Use Wont Help You: Practical Considerations for Using Evidence Gathered on the Internet." Florida Bar Journal 88.1 (2014): 9-17. Web. King, Colin. "Using civil processes in pursuit of criminal law objectives: a case study of non-coriviction-based asset forfeiture." International Journal of Evidence & Proof 16.4 (2012): 337-363. Web. Lavery, Jenny. "Codification of the Criminal Law: An Attainable Ideal?" Journal of Criminal Law 74.6 (2010): 557-578. Web. Neufeld, Peter. "Written Submission of Peter Neufeld Co-Director, Innocence Project: Montana House Judiciary Committee." 23 March 2009. Montana Government . Web. 27 April 2015. . "Official Misconduct: A Deliberate Attack on the Truth." n.d. Texas Defender. Web. 27 April 2015. . Recent cases: United States v. Muhammad. "Criminal Law: Plea Deals and Collateral consequences-Tenth Circuit Holds that Defendant Need not be Informed of Collateral Consequences before Pleading no Contest." Harvard Law Review 128.6 (2015): 1860-1867. Web. Whiteman, Hollis. "Parallel criminal and civil proceedings: The issue." 12 June 2008. QEB. Web. 24 April 2015. Read More