Classifying Crimes

Civil actions are part of the law setting up standards and rules to be followed by the courts of law when civil lawsuits are being adjudicated; this is in opposing the procedures followed by the criminal law. Civil procedure governs how a case or a lawsuit will be commenced and the types of services required (Slobogin et al, 2008). It also sets clear guidelines on the types of motions, pleadings, case statements, timing, manner of depositions, disclosure, discovery, process of judgment, available remedies, conduct of trials, orders, applications and on how the clerks and the courts are expected to function (Slobogin et al, 2008).

Criminal procedure identifies with a criminal law adjudication process, although it differs depending on the jurisdictions. The processes of the criminal action are initiated by formal criminal charges, which then proceed to acquittal or conviction of the defendant. In democratic nations, the criminal procedure and the rule of law differ and a proof of the charges is a must for the prosecution to take place (Slobogin et al, 2008). The prosecution must prove beyond reasonable doubts that the defendant is truly guilty, which is in opposition to the defense proving that the defendant is innocent, many doubts favors the side of the defendant. Presumption of innocence is part of the criminal procedure in European Nations. The Defendant has a right to access legal counsel, while defendants who cannot afford lawyers are provided with a court appointed lawyer paid by the government (Slobogin et al, 2008).

In some jurisdictions, particularly in French and English systems, governmental persons are allowed to initiate criminal prosecution against the defendants, which is initiated by the state in most cases, with the intention of punishing the law offenders. Civil actions on the other hand are initiated by private organizations, individuals and companies with an intended private benefit (Slobogin et al, 2008). In some cases, the government and its agencies or subdivisions may take part in civil actions.

The state in criminal actions is known as the prosecution, while persons involved in civil actions are known as the claimant or plaintiff. The other party in criminal action and in the civil action is referred to as the defendant; different jurisdictions have clear guidelines on civil action and criminal actions (Slobogin et al, 2008). Proofing criminal cases requires high standards as compared to proofing a civil action, since the government is not willing to punish persons considered innocent. English law indicates that the guilt of the criminal must be fully proven, on the other hand of the civil action; a plaintiff proves his case basing on balance of probabilities. In criminal actions, the judge must be convinced that the defendant is guilt; but in civil case, the courts outweigh all the evidences brought around by both parties (Slobogin et al, 2008).

O.J. Simpson murder case is a scenario in which the conduct was prosecuted as a civil action as well as a criminal action (Bugliosi, 2007). The case is commonly referred by the Orenthal James Simpson Verses the People of the State of California. O.J. Simpson was a former actor and a football star in the United States. The case was subjected to criminal state in California Superior Court based in Los Angeles. O.J. Simpson was tried for the murder of Ronald Lyle Goldman and Nicole Brown Simpson his ex-wife. Judge Lance Ito acquitted O.J. Simpson after eight months of trial, in a way that he was not guilty since prove was tampered with by the third parties (Bugliosi, 2007).

The case turned to a civil action after the families of Goldman and Brown sued O.J. Simpson in a civil trial. O.J. Simpson in 1997 was held responsible for the damages due to the death of Goldman and Brown. In 2008, Los Angeles court renewed the civil judgment made against O.J. Simpson, it can be argued that mens rea (Guilty mind) in O.J. Simpson proved otherwise in the civil action in combination with Actus reus (guilty act). A crime is a proven offence, with intentions of harming the public or the state; an act that is forbidden and punishable by law or the Model Penal Code (Slobogin et al, 2008). A crime done by O.J. Simpson is a mala prohibita since the law is against such acts, and also a mala in se since it is morally wrong; the crime carried out by O.J. Simpson is a felony since it was a very serious crime involving murder of two people (Bugliosi, 2007).

References

Bugliosi, V. (2007). Outrage: The Five Reasons Why O.J. Simpson Got Away With Murder. Washington, D.C.: Island Books.

Slobogin, C. et al. (2008). Law and the Mental Health System: Civil and Criminal Aspects. Eagan, Minnesota: West.