Overview
please respond to Shantel with 150 words
Civil VS Criminal
Key differences between civil wrongs and criminal wrongs
Civil wrongs involve disputes between individual or entities, where one party seeks compensation or specific performance rather than punishment. For example, a breach of contract is a civil wrong where one party fails to fulfil their contractual obligations.
Criminal wrongs on the other hand are offences against the state and society, where the state prosecutes the accused for violating laws. An example is theft, where an individual unlawfully takes someone else's property.
Influence of Common Law
common Law refers to legal principles developed through judicial decisions rather than statues. It plays a significant role in shaping both civil and criminal law by providing precedents for judges to follow in similar cases. Common law helps ensure consistency and predictability in legal outcomes.
charging "wobblers" at the highest level
Whether certain crimes classified as "wobblers" should always be charged at the highest level is a complex issue. Factors such as the severity of the offence, the defendants criminal history, and mitigating circumstances should be considered. Charging wobblers at the highest level may deter future crimes and ensure appropriate punishment. However it may also lead to disproportionate sentencing in some cases. Flexibility in charging wobblers allow for tailored sentencing based on individual circumstances, promoting fairness and justice. Prosecutors should carefully evaluate each case to determine the appropriate level of charges based on the specific facts and context.
In conclusion, understanding the distinctions between civil and criminal law, recognizing the impact of common law on legal decisions and considering the nuances of charging wobblers are essential aspects of a well functioning legal system.