Crimes Vs. Civil Wrongs Civil Term Paper

Length: 4 pages Sources: 2 Subject: Criminal Justice Type: Term Paper Paper: #46516521 Related Topics: Crime, Crimes, Civil Law, Tort Law
Excerpt from Term Paper :

A misdemeanor is punishable up to a year in a country jail (Cooley).

In the case of Bill and Joe, Bill's action fulfills all the four elements required to prove a criminal threat. If Bill became successful with his threat, he could have killed or severely injured Joe with the bat. His words conveyed his intent to kill Joe. The intent was clear and complete from his utterance. The threat was fatal. Second, Bill's utterance expressed a specific intent to kill Joe and that he meant Joe to receive it as such. Bill may or may not have been able to carry his threat out, but his intent was clear and complete from his very statement. Third, the context and circumstances in which Bill made the threatening statement also convey the same fatal intent. Bill had been giving Joe a hard time about the latter's tardiness for several days. Bill could have taken suspected that Joe intentionally retaliated when Joe accidentally hit him with a ball. And fourth, the verbalized threat was unmistakably clear, unconditional, immediate and specific. The words were precise and to the point. They sounded immediate, as Bill already held the bat in his hand and charged at Joe. The threat of death or grave bodily hard was specific upon Joe. Bill's clear words and the act of charging Joe and with the bat in hand also presented the factor of immediacy. The weapon was present and visible and accompanied the verbal threat. Bill need or need not demonstrate the immediate ability to carry out his threat. But the words he used were of an immediately threatening nature and conveyed the immediate performance of the fatal or serious threat. Bill's verbal threat and act of charging Joe with a bat were enough to evoke sustained fear in Joe. The conditions were enough to prove a criminal threat against Bill.

Negligent homicide is the killing of another person through gross negligence or without malice, while unintentional homicide or killing is conduct, which creates substantial and unjustified risks of death (Collins 2002)....


It is classified into criminal reckless manslaughter, criminal negligence manslaughter and unlawful or misdemeanor manslaughter. The Mens Rea element consists of the creation of risk, which results in the killing or serious injury of another person, whether out of negligence or recklessness. The Actus Reus, on the other hand, is the act itself, which constitutes the criminal offense of killing another person. The circumstance is the death, which occurs as the consequence of the unlawful act. Its cause is any act, which sets off the chain of events, leading to the death of the person. A person commits manslaughter if his act leads to the death of another person in circumstances, which would constitute murder except under some reasonable excuse. Extreme emotional disturbance is reasonable excuse (Collins).

The unlawful killing of a human without deliberation is involuntary manslaughter. It is an act, which is performed under duress, force or coercion. Although involuntary manslaughter is unintentional, the person who commits is can be charged if he or she intentionally encouraged an act, which results in someone's death. The charge may also be made against a person who intentionally encourages the performance of a reckless act, which results in the death of another person. This can be committed by providing support or abetting and despite the requirement for intent or purpose (Collins).

The court decides whether an act constitutes involuntary manslaughter, negligent homicide or depraved-heart murder (Collins 2002). Subjective fault is deemed worse than objective fault. The guilt is stronger if the act is performed despite the awareness of a risk and only out of lack of concern. It is legally and morally worse (Collins).


1. Coleman, J. (2003). Theories of Tort Law. Stanford Encyclopedia of Philosophy. http://plato_Stanford_edu/entires/tort-theories

2. Cooley, S. (2001). Stalking and Criminal Threats. California Penal Code 422. Los Angeles County District Attorney's Office.

3. Collins, K.M. (2002). Negligent Homicide/Involuntary Manslaughter. International Encyclopedia of Justice Studies.

Sources Used in Documents:


1. Coleman, J. (2003). Theories of Tort Law. Stanford Encyclopedia of Philosophy. http://plato_Stanford_edu/entires/tort-theories

2. Cooley, S. (2001). Stalking and Criminal Threats. California Penal Code 422. Los Angeles County District Attorney's Office.

3. Collins, K.M. (2002). Negligent Homicide/Involuntary Manslaughter. International Encyclopedia of Justice Studies.

Cite this Document:

"Crimes Vs Civil Wrongs Civil" (2006, December 12) Retrieved August 11, 2022, from

"Crimes Vs Civil Wrongs Civil" 12 December 2006. Web.11 August. 2022. <>

"Crimes Vs Civil Wrongs Civil", 12 December 2006, Accessed.11 August. 2022,

Related Documents
Crimes Compared to Legal Crimes.
Words: 1054 Length: 4 Pages Topic: Criminal Justice Paper #: 43575581

Prostitution is sex between two willing adults and one of the adults pays the other adult for that sex. While it is illegal to be the prostitute or the John it shouldn't be. Both are adults, that is not illegal, both are engaging willingly is sex, that isn't illegal, and one hands the other one money. If the John handed the prostitute money without getting sex, he would not be

Crime Prevention and Control -
Words: 4816 Length: 17 Pages Topic: Criminal Justice Paper #: 204463

But an open system of prevention could be the alternative. It would subject the court or legislature to closer and public scrutiny (Robinson). President Lyndon Johnson's Commission on Law Enforcement and Administration of Justice was viewed as the single and most influential postwar American criminal justice policy (Coles and Kelling 1999). Its wisdom, contained the policy's main report, "The Challenge of Crime in a Free Society, published in 1967, swiftly

Crime Versus Sin
Words: 2183 Length: 6 Pages Topic: Criminal Justice Paper #: 31020683

Crime vs. Sin A criminal justice agency, specifically the police department relies very heavily on its organization to fulfill its duties to society, which is to protect from crime and to serve justice (Kenney & McNamara, 1999). The justice which is to be served depends on the severity of the offense or crime. Crime is quite a complex subject which can be divided into two different categories: natural crime and legal

Civil Liberties, Habeas Corpus, War Terror Subtopics:
Words: 1862 Length: 6 Pages Topic: Business - Law Paper #: 8803353

Civil Liberties, Habeas Corpus, War Terror subtopics: Explain historical evolution habeas corpus, including English American traditions. The explanation evolution American tradition include general meaning habeas corpus U. Habeas Corpus The principle of habeas corpus promotes the idea that a person needs to be brought before a court in order for him or her to be judged before he or she is provided with a sentence. Habeas corpus is Latin for "that you

Civil Disobedience
Words: 870 Length: 3 Pages Topic: Drama - World Paper #: 18818201

Civil Disobedience Thoreau's Disobedience Thoreau's essay on civil disobedience not only gives a startlingly strong argument against paying one's taxes (which is in itself a difficult task), it also gives a subtle but clear image of Thoreau himself. In this essay, the reader discovers a writer who is at once romantic and cynical, idealistically self-sacrificing and fiercely self-centered, areligious and mystical. It would be tempting to portray Thoreau as inconsistent or somehow

Civil Liberties During War Losses
Words: 6502 Length: 20 Pages Topic: American History Paper #: 92725275

However, during war it becomes all too easy to look for convenient ways to disregard even the most important laws. The first, and most dramatic, effect of war is to increase the general fearfulness of a population. Fear and anxiety rocket way up during wartime, and are fueled by all the myriad effects of such conflicts. But another, less-well-understood reaction to war on the part of a both the individual