Criminal law and tort law, law homework help
Response needed:
1) Criminal law and tort law have both similarities and differences between them. Criminal law is defined as types of laws that exercise criminal acts. When an individual commits a criminal act and faces criminal court they could be sent to prison or fined as a punishment. An example of criminal law is a man walking down the sidewalk and stabs a woman in the stomach, and she is killed. That man could receive jail time for the crime he committed. Tort law is defined as one party commits a wrongful act that causes the second party to become injured and the plaintiff takes them to civil court. Torts are a civil action involving private parties, which means punishment of the defendant will not result in a fine or prison. An example of tort law is a woman walking through Wal-Mart and slips in a puddle of water, that woman is injured due to Wal-Mart tort negligence, and is able to take them to civil court to have them pay for medical bills, pain, and suffering. Some differences between the two are the purpose of criminal law is to punish the criminal for committing a crime, and the purpose of tort is to compensate the victim for what has happened to them. Similarities of the laws include both will appear in court, and the goal of going through the justice system is so the defending parties are held liable and do not commit these actions again.
2) A defense attorney is a person assigned to a defendant when they are going though the court of law. The sixth amendment allows a defendant to have legal counsel during his/her court session. A defense attorney purpose is to be as confident and competent as his/her job while defending their client during the trial. Defense attorney is obligated to keep client confidentiality and grant their clients wishes while representing them. A prosecutor is a person who takes action of legal proceedings against the defendant. A prosecutors responsibilities are to gather facts and evidence against the defendant in order to conduct a fair trial against that person. A prosecutor will gather the information against the defendant and present it to the court during the trial to attempt to complete a conviction. Both have their differences, but they do have similarities as in representing someone in the court system. Both complete the same education level before becoming who they are. While doing their jobs, prosecutors and defense attorney want to accomplish the same thing to seek justice in the system.
3) Many defendants that go through the criminal justice system claim or have a mental illness. It has always been a topic brought up in the court of law. Defense attorneys are expected to being able to recognize when their client has a mental health issue, because that will determine how they defend their client. An issue that is common throughout the criminal justice system is providing criminals with mental health issues the treatment they need. It is far more expensive to treat someone in a mental health hospital than it is to send them to jail. Another problem is the availability of treatment centers through out the country. Like said earlier many criminals have mental health hospitals and there is not enough facilities to treat/cure these people.
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