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CSU Influence of Civil and Criminal Laws and Criminal Justice System Discussion

Columbia Southern University

Question Description

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The Influence of Civil and Criminal Laws and the Criminal Justice System

Description or Explanation: This research report will cover your in-depth knowledge of property rights as they relate to search and seizure, and the protection of arrest and the right to counsel. When thinking about your report, it is important to consider a civil law case and a criminal law case which have influenced outcomes in the Criminal Justice System. You will find cases and/or laws that cover both civil law and criminal justice law as it relates to the following:

  • Property rights to rules of search and seizure.
  • Protection of arrest and the right to counsel.

Research one civil law case and one criminal law case. When examining the civil law case and criminal law case, think about the objectives below to help guide you in formulating your research report.

  • Historical makeup: Give an overview of the civil law case and criminal law case which helped to shape the criminal justice system.
  • Describe the distinct differences between the civil law and criminal law.
  • Discuss the reasoning behind these cases and laws.
  • Discuss the influence and outcome of these laws on the American criminal justice system.
  • Summarize the impact of these two cases as it relates to shaping our criminal justice system.

Requirements: The research report must be a minimum of five pages in length, not including the title page and reference page. Refer to the CSU Online library or outside sources. A minimum of three sources must be used. All sources used including the textbook must be referenced; paraphrased and quoted material must have accompanying citations. All references and citations must be in APA style. Wikipedia is not a credible resource and should never be used.

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Final Answer

Kindly use this document. I had not saved some changes in the previous one.

Running head: THE INFLUENCE OF CIVIL AND CRIMINAL LAWS

The Influence of Civil and Criminal Laws and the Criminal Justice System
Student’s Name
Institutional Affiliation

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THE INFLUENCE OF CIVIL AND CRIMINAL LAWS

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Introduction
In the United States, there exist two primary forms of law whose goal is to punish or
prevent significant criminal acts, or to recompense the sufferers of such unlawful activity.
Criminal law is concerned with acts that are or can be interpreted as wrongdoing against the
state, the society, or the public – even if an individual is an immediate victim. Examples include
assault, robbery, drunken driving, and homicide. Civil law is concerned with actions that
constitute harm to a person or a private party e.g., a company. Examples include breach of
contract, defamation, property damage, and negligence causing death or injury. This paper
explores criminal law and civil law, looking at how these laws have impacted as well as helped
shape the US criminal justice system.
Property Right to Rule of Search and Seizure
When the constitution was amended in the United States for the fourth time, policies and
rules were formed to protect its citizens against violation of privacy by the federal government.
Being one of the most fundamental rights granted to Americans, the rule prohibits unlawful
searches and seizures. It gives Americans the right to be protected in their houses, papers,
persons, and possessions against unreasonable searches as well as seizures. Thus, the ultimate
goal of this rule is to protect the right that people have to privacy and liberty from perverse
intrusion by the government. Nevertheless, it is important to notice the word “unreasonable”
since even though the law protects Americans from unpleasant searches and seizures by the
government, there exists numerous “reasonable” searches and seizures that can be performed
without the requirements of a warrant and still be lawful. Overall, the determination of whether
the seizure or search was lawful is largely dependent on whether one had the right to expect
privacy to begin with. It is also critical to note that the rule does not protect an individual from

THE INFLUENCE OF CIVIL AND CRIMINAL LAWS

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private searches or seizures, but searches by the government that are judged irrational under the
law (Amar, 1997).
Silverthorne Lumber Co. v. U.S., 251 U.S. 385, 40 S.Ct. 182 (1920)
This is a 1920 case that portrayed the application of unreasonable search and seizure rule
in civil law cases. Here, Frederick Silverstone along with his father both operated Silverthorne
Lumber Company and was accused of evading taxes....

University of Maryland

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