CRIMINAL AND CIVIL LAW QUESTIONS 4
Criminaland Civil law Questions
Theformer Illinois governor, George Ryan was convicted in 2006 ofconspiracy, tax fraud, making false statements and racketeering. Theconviction of Governor Ryan was showed that no one is above the lawand everyone can face justice. The case was filed against Ryan forcrimes that involved gross misconduct of the law and the abuse ofoffice. Ryan was convicted of eighteen felony corruption counts whoseguilt deeds led to the deaths of many people.
Theconviction of Ryan shows that the law applies equally to lawbreakersin the same way as to lawmakers. According toJohnson (2012), noperson is above the law, and all people are subject to the processesof justice. This conviction signifies the supremacy of theconstitution over all the people in the country (Roarket al, 2014).He was charged and convicted as a governor and was not grantedimmunity or clemency by the state.
Criminallaw is different from civil law in terms of concept and application.Criminal law is made of rules that describe the prohibited behaviorthat affects the welfare and wellbeing of the society (Carper et al,2007). Criminal law deals with cases against behavior like murder,bribery and theft among others. On the other hand, civil law is a setof rules that guide disputes between individuals, organizations andgroups. Civil law guides cases of conflicts that seek compensationlike in cases of fraud, breach of contract and negligence amongothers.
Theburden of proof is the obligation an individual has in a trial togive evidence that proves his or her assertion. In criminal law, theburden of proof is on the prosecution to prove the guilt of thedefendant (Carper et al, 2007). For example, a case involving a theftfrom a hotel, the prosecution has the burden of proof beyondreasonable doubt that the defendant stole. However, in civil law, theburden of proof is on the plaintiff to prove his or her case usingpreponderance evidence.For example, in a case involving negligence of hotel management, theplaintiff has to proof that the negligent actions by the managementled to his or her injuries or loss of property while staying in thehotel’s room.
Carper,B., McKinsey, J., & West, B. (2007). Understandingthe Law.Stamford: Cengage Learning
Johnson,M. P. (2012). Readingthe American past: Selected historical documents: Volume 1: To 1877(5th ed.).Boston, MA: Bedford/St. Martins
Roark,J. L., Johnson, M. P., Cohen, P. C., Stage, S., & Hartmann, S. M.(2014). TheAmerican promise: A concise history (5th ed.).Boston, MA: Bedford/St. Martins