Balancing Rights & Responsibilities Major Criticism of U.S. = “too concerned with rights, while neglecting responsibilities” “Radical Individualism” Just.

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Presentation transcript:

Balancing Rights & Responsibilities Major Criticism of U.S. = “too concerned with rights, while neglecting responsibilities” “Radical Individualism” Just because it is legal to do something (or not to do), does not mean that it is the right thing to do…..(i.e. Unions, Freedom of Speech/Expression, etc…)

Types of Laws I. Criminal Laws Purpose: regulate public conduct, set out duties to society Government vs. Individual Penalties: Imprisonment, Supervision, Fines or Probation Felonies = more than 1 year in prison Misdemeanors = prison term of 1 year or less II. Civil Laws Purpose: regulate relationships between individuals/groups Civil Action = charge brought by an individual against another individual – Accusation of being wronged or injured Results: court awarded $, order that individual make amends Ex: marriage, divorce, contracts, real estate, insurance, negligence, etc…

One Act Can Violate BOTH Civil & Criminal Laws Result: 2 separate court cases Criminal Case: brought by the government – Defendant: person being accused in a criminal case Civil Case: brought against someone by a plaintiff (person/company harmed) – Defendant: person being accused of doing harm/wrongful conduct *Defendants: Present in both types of cases

Criminal vs. Civil Structure Criminal Cases Prosecutor = brings formal charges, represents the government “Beyond a Reasonable Doubt” = burden of proof rests on the prosecution, must convince jury or judge defendant is guilty with no doubt Civil Cases Preponderance of Evidence = plaintiff must convince judge/jury that “it is more likely than not” that the plaintiff’s complaint is true **lower burden of proof than in criminal cases

KEY QUESTIONS: WHY WOULD THE BURDEN OF PROOF BE LOWER IN A CIVIL CASE THAN IN A CRIMINAL CASE? IF A PERSON IS ACQUITTED OF THE CRIMINAL ACT, SHOULD THEY BE ABLE TO BE TRIED IN CIVIL COURT IN RELATION TO THE SAME OFFENSE?

O.J. Simpson Summary: Criminal Case: Innocent Civil Case: Guilty, had to pay damages for the act he was acquitted of in criminal court *Found innocent in Criminal Court despite overwhelming DNA evidence….HOW?