Criminal and Civil Law: What’s the Difference?

by Tabetha Cooper

What is the difference between criminal and civil law?  That is a question that ever American citizen needs to know.  This nation has developed a strong need for each of these forms of law and their implications are definitely different.  Through an understanding of their definitions, their punishments, and how they apply in society a person can clearly distinguish between the two.

English: 1998 copy of the Indiana Code, the criminal and civil law of Indiana (Photo credit: Wikipedia)

            Criminal law deals with the laws of an individual state or country that regulate criminal offenses and determines the punishment of such offenses.  Civil law, on the other hand, deals with the regulation of a state or nation’s private matters of the individuals therein.  Lippman (2006) states it best, saying civil law is designed to protect an “individual’s interest” and criminal law is in place to protect the “public’s interest.”  Criminal law has two classification, felonies and misdemeanors.  A felony is a criminal act that deserves a prison sentence of a year or more and in severe cases (in some states) the death penalty.  A misdemeanor is an offense that in relatively minor and punishment can range from fines up to a year in jail or prison.  Civil law awards no jail time at all.  If the case falls under contract law the defendant is ordered to “reimburse the plaintiff for damages.”  If it falls under tort law, the defendant may be ordered to pay punitive damages in addition to the reimbursement (Standler, 1998).

            A defendant that is being tried in a criminal case is protected under the United States 

English: First page of a sample eTrace Report as used in a criminal case (Photo credit: Wikipedia)

Constitution.  They can exercise their rights to due process, privacy, assistance of counsel, speedy trials, against self incrimination, and against double jeopardy.  A defendant in a civil case is not protected under any of these rights.  On the contrary, he has to relinquish any documents asked of him that pertain to a case and he is made to testify on his behalf or the judgment can automatically be made against him.  In addition it can take weeks, months, and in most cases even years before the case is ever brought before a judge.  Defendants are not entitled to be represented by an attorney and if desire to be must do so at their own expense.  If the defendant happens to win the case another suit can be brought against her at a later time (Standler 1998).

            Now that an evaluation the definitions of both civil and criminal law, the punishments of each, and how they are applied in society has been made, everyone can be informed of the differences of these laws.  As citizens go about their daily lives, it is hoped that they know the difference between both criminal and civil law.  A bigger hope is that through this understand, citizens can avoid ever having to be subject to either form of law.

References

Lippman, M. (2007). Contemporary Criminal Law: Concepts, Cases, and Controversies. Sage                   Publishing. Thousand Oaks, Ca.

Standler, R. B. (1998). Differences Between Civil and Criminal Law in the USA. Retrieved         6.14.10 from  http://www.rbs2.com/cc.htm

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You Can’t Do That – Contracts, it pays to read the fine print

Article by: Scott Hall(docplocky@gmail.com)

    

Contracts (Photo credit: NobMouse)

        Bartering, bargaining and reaching mutual agreements are nothing new to anyone in the world.  Contracting someone to accomplish a task, in some cases short term, can prove to be an effective way of managing a business or task, within a fixed or flexible budget, so it should be little surprise that when contracts are written, mutual agreements in terms are a focus.  Most persons when faced with a contract usually listen to the overview or read the title and skip to the end without reading the in-betweens and / or the fine print.  This practice of not taking the time to review what is included in those contracts, has cost thousands of dollars to persons in lost time, bad deal making, law suits and countless other headaches that could easily be avoided, just by taking the time to read down the page a bit or asking a professional about the parameters you may not understand.  A contract, stated simply is a legal binding agreement, in some cases verbal applies to binding as well, in this article we will overview what a contract is, why it is important to read thoroughly what you are about to agree upon as well as cite some examples of what bad contracts potentially have in store for the unaware.

            Our journey to help reach a greater level of understanding begins with a search through the Cornell University Law Library, which states that a Contract is an agreement which is enforceable by law, or more simply a promise that the law will enforce.  A contract is formed when two or more people or businesses, usually of sound mind or business minded stature, reach an agreement to mutually provide either a service or good in exchange for money or the benefits of sales or use of those goods, in a fair compensatory environment.  For example, when a person is asked to work for a set period of time for a set rate of payment and that person agrees to provide a service in lieu of receipt of that pay, they have entered into a contract. In certain cases, depending on parameters involved or higher money amounts, written contracts are the preferred standard versus a verbal agreement as there may be deductions of taxes or benefit payments or some other parameter of financial or other interest.

English: Implied-contracts exception to at-will employment. Blue states have no such exception; red states have some implied-contract exception. (Photo credit: Wikipedia)

            Contracts are mainly governed by common, state or private law and those laws protect persons who may have been affected by a breach of those contracts, including who to contact, what to do when you feel wronged (in some cases may require a private lawyer), penalties that can be assessed to the violator of the contracted terms as well as others.  Examples of breaching damages that can be asked include: general, consequential and reliance relief as well as “specific performance”.  Each having their own parameter, such as in general damage relief according to Nolo’s Plain English Law Dictionary, it involves monetary recovery in a lawsuit for which there is no exact dollar value that can be calculated.  For example, general damages could include pain and suffering, compensation for a shortened expectancy of life or losing someone.

            This is different from Reliance, which by definition states: Damages awarded for losses suffered in reasonable reliance on a promise and usually these damages are calculated based on what it would take to restore the injured persons to the economic positions they occupied before they acted in reasonable reliance on the promise.  A possible example would be our contracted person, who works for a reasonable amount of time within the contracted parameter and does not receive the proper compensation due to neglect, absence of contact with the “contractee” without reasonable explanation of absence or some other parameter preventing the contracted person from being compensated based on contract.  In both of these cases, a breach or violation of the terms of the contract had to take place in order for there to be cause to pursue damages and in each case whether or not to approach your local labor board, Human Resource person or Federal office should be considered first.

GTRLC Contract Signing - March 2011 (Photo credit: msulibrary1)

            We can easily see from example how important paying attention may be when entering into a contract and that contracts become legally binding when 2 or more persons are in agreement with those terms.  Contracts can be either verbal or written and both are equal in weighted measure when in dispute and as with any agreements, some disputes will arise.  Contracts do not have to be for labor purposes solely, other examples of contracts could be the paperwork you sign when activating a checking or savings account, meaning you will adhere to the guidelines set forth by the bank and they in turn will adhere to those as well, including your responsibility to notify the bank in the event an dispute arises in a reasonable amount of time.  This author became very aware of that fact when I banked with a prior institution that applied deductions to my account before deposits and on one week in particular, initially cost me well over 200 dollars in returned check fees.  Once I petitioned the bank and pointed out in their fine print some of the parameters that were not met, those charges were refunded to me, with a fee deducted from them (also in fine print) and subsequently once the proverbial dust had settled, I took up banking with a different institution, this time reading the entire set of documents when I signed up. 

            The fine print in a contract or agreement is usually what nets the most red tape or legal jargon and most persons due to this legal jargon, skip past the print, get the gist of the document and sign it without hesitation and yes in our electronic age a digital signature is as valid as if you were standing in an human resource office and writing it on the paper.  Credit cards are no different in their “terms of use and agreements”, when the citizen says yes, I would like that card, they become subject to the fine print, upon their approval.  According to an online article, this fine print accounts for a majority of the overdraft fees, late fees, annual fees and other monetary items that when the consumer receives their bill, that 100 dollar payment becomes several hundred and the consumer is stuck without an escape, unless the company made a grave error in application of their own parameters.  When surveyed, some staggering statistics came to light, such as 33% of consumers did not understand the jargon in the fine print, 20% couldn’t find critical terms (or couldn’t recognize them), 44% did not know their own annual percentage rates (in some cases those could be as high as 25%), 20% had no idea of their limits and 70% were not aware of default policies this due to NOT reading the items contained in their “contracts” or agreements with the financial institution.  Student loans are no different; some loan agencies include in the fine print that your loan may be sold off after a period of time and become subject to the new institutions rates, payment options and other terms, no wonder college is so expensive!

Artist contract: XYNN Multimedia-Show, Town of Munich (Photo credit: Wikipedia)

            To agree or not to agree, that is the question that should be overviewed with meticulous care when considering any contract.  Most contracts are written in favor of those who generate that contract and in their fine print, if one is not careful, they could become subject to provisions that close gaps and freeze or penalize citizens for errors, even simple ones.  If you are the contractor or contractee be certain that all things that you have concerns over are addressed and if you are the consumer, beware of those snazzy lingo’s of “zero percent interest” or “low annual percentage rate” sometimes in the fine print, those governances can become subject to change, without notice if the lingo or jargon is overlooked and the person is unaware or unsure.  Legal and Professional assistance is available for all consumers as well as employers (yes the IRS does define what a contracted employee is) and laws protecting citizens also help when disputes or questions arise.  Remember in all of these items, the fine print is where the meat of the matter is and if you don’t read it, without a doubt, it will matter when in dispute.

Reference and Readings

http://www.law.cornell.edu/wex/contract

http://www.dol.gov/compliance/guide/index.htm

http://www.bankrate.com/finance/credit-cards/read-the-fine-print-1.aspx

http://www.legalzoom.com/everyday-law/workplace/employee-vs-independent-contractor-differences

http://www.webroot.com/En_US/consumer/tips/family-why-read-the-fine-print

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The Psychology of Jury Selection

At this point during Jury Duty, about 50 randomly selected potential jurors (including myself) were waiting around for Jury Selection to begin. (Photo credit: Wikipedia)

By Elizabeth Hall

Introduction

Once it has been determined that a trial will proceed to a jury trial, there are steps that are taken to select a suitable jury to hear the case.  Candidates for venire, which is the large pool of people selected to represent a group of our peers, are selected, usually from voter registration and drivers’ license lists from the jurisdiction represented.  Usually the number varies from 30 to 200 and must represent a fairly accurate cross section of the jurisdiction representing the case according to Greene, Heibrun, Fortune, and Nietzel (2006).  Once this is completed, a process called voir dire is used to weed out unfavorable candidates and select the actual jury members for the case.  This is achieved by questioning each individual separately to ensure that potential jury members are right for the individual case.  (Greene, Heibrun, Fortune, and Nietzel, 2006)

Attorney Mike Faulk asking questions during jury selection (Photo credit: Wikipedia)

Attorneys on sides, prosecution, and defense often take the advice of experts from the field of psychology on which jurors to keep, and which to dismiss to achieve a favorable result.  Each side gets a predisposed number of preemptory challenges in which a potential juror may be dismissed without reason.  It is in this step of jury selection that psychologists are most needed, because a bad jury selection can tip the scales in either direction, and a few can ensure that the outcome of the trial will not be favorable for that side of the issue.  According to Hutson (2007), jury selection advice has become large-scale business for forensic psychologists.  He goes on to say, that some firms offer scientific jury selection advice, while others offer advice based on social psychology.  Either way, the addition of expert advice during the jury selection process is viewed as a valuable tool, because both sides can evaluate the potential jurors and their personalities by trained professionals knowledgeable in the study of people.  (Greene et al, 2006)

Psychologist Roles in the Jury Selection Process

English: W. S. Gilbert's illustration for "Now, Jurymen, hear my advice" from Gilbert and Sullivan's Trial by Jury (Photo credit: Wikipedia)

For forensic psychologists involved with the jury selection process or voir dire, notes Koocher (2009), use their knowledge of people to help the criminal defense attorney select jurors sympathetic to the defendant and most likely to acquit.  Likewise, the prosecutorial attorneys use forensic psychologists to select jury members most likely to convict the defendant.  It is believed, that through the advice given to both sides by forensic psychologists that a fair and balanced jury can be selected.  The advice given by the psychologists is intended help the attorneys weed out jurors from the pool who may show bias for any reason including race, sex, and preexisting beliefs about the circumstances of a case, which are not to be considered in judging guilt or innocence during a trial.  (Greene et al, 2006)

An example of a normal question asked during voir dire might be “Do you believe as a juror that you can set aside any negative feelings you might have toward the defendant because he is black or a police officer (Greene et al, 2006)”?  You can change the end of the sentence to “because he is” whatever the defendant happens to be associated with negatively or positively, as positive feelings towards the defendant can sway jury verdicts as well.  One example of a case such as this involves famous basketball star Michael Jordan and his lawsuit alleging that he broke his promise to star in a movie.  Almost all of the jurors picked for venire confessed that they could not be impartial to such an admired defendant and they had a hard time seating a jury for the case.  In addition, when they finally got a jury seated, coincidence or not, they voted in favor of Jordan.  (Greene et al, 2006)

The Importance of Juror PersonalityCharacteristics

While juror demographics may play a large role in individual juror decisions, the individual personality characteristics play an equal part in determining how a jury will perceive the particulars of any case.  According to Greene et al (2006), studies’ depicting that personality attributes, such as authoritarianism, possessing an internal/external locus of control, belief in a just world, or prior j

Clarence Darrow (Photo credit: Wikipedia)

ury experience can affect jury perceptions.   According to Hutson (2007), Clarence Darrowsaid, “Almost every case has been won or lost when the jury is sworn.”  This effectively implies the importance of an effective voir dire and the use of all tools available including advice on human behavior by psychologists for they are deemed the experts on the subject.  (Hutson, 2007)

Scientific Jury Selection and Effectiveness

Giewat (2007) defines scientific jury selection as the successful integration of social science and empirical research as it applies to the courts.  It should be noted that the term scientific jury selection applies to a process used by the legal system to allow trial consultants possessing backgrounds in social science to use psychological theory and tools to aid in the process of jury selection.  The tools often used are community attitude surveys, questionnaires, approved questioning methods, and non-verbal and verbal behavioral cues.

Scientific jury selection uses demographic and personality/attitude aspects in order to assist in the identification of unsuitable or prejudiced jury candidates.  While social scientists use both demographic and personality/attitude factors, it is believed that the personality/attitude data and theory is more reliable as predictors for juror perception of the situation.  Giewat (2007) notes, that Lieberman and Sales stress that specific questioning, as opposed to vague questioning seems to work best.  Greene (2007) asserts that the scope of this work is expanding to pretrial assessments of evidentiary reaction and other services. 

Conclusion

The addition of expert advice during the jury selection process is viewed as a valuable tool, because both sides can evaluate the potential jurors and their personalities by trained professionals knowledgeable in the study of people.  Social scientists can use demographics, and  personality/attitude assessments, along with behavioral theory and individual personality characteristics to assist prosecutors in jury selection.  They also use community attitude surveys, questionnaires, approved questioning methods, and non-verbal and verbal behavioral cues.  The goal is to provide each side, prosecution and defense the chance to question each jury member to determine suitability for jury candidacy.  Our current justice system rules operate under the assumption that allowing either party access to expert advice and preemptory challenges will ensure that a fair and balanced jury is chosen for the case.  (Greene et al, 2006)

References:

Giewat, G.R. PhD, (2007).  Book Review: Scientific Jury Selection.  Retrieved From: http://www.courtinnovation.org/_uploads/documents/giewat.pdf

Greene, E., Heibrun, K., Fortune, W.H., Nietzel, M.T. (2006).  Psychology and the Legal System (6^th Ed.).  Florence, Kentucky.  Cengage Learning

Hutson, M. (2007).  Psychology Today.  Unnatural Selection.  Retrieved From: http://www.psychologytoday.com/articles/200703/unnatural-selection

Koocher, G.P., (2009).  Ethics and the Invisible Psychologist.  American Psychological Association.  Retrieved From: http://www.ethicsresearch.com/images/Ethics_and_the_Invisible_Psychologist.pdf 

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