Difference between criminal law and criminal procedure

Reference no: EM133616325

Questions

1. Define and describe the difference between criminal law and criminal procedure. Give an example of each.

2. The author of the book states that "Laws are not static." What is meant by that statement? Give an example a law that has changed over time or legal behavior which recently became a crime.

3. Cliff lives across the street from Scott. One day Cliff backs his truck out of the driveway and strikes Scott's car. Scott is not home when this happens. Scott's other neighbor, Jon, texted Scott and told him what happened. There is video of the accident on Jon's Ring video camera. When Scott arrives home, he checks his car and discovers that it was not damaged.

If Scott sues Cliff, what will prevent Scott from obtaining a financial judgment against Cliff? Explain your answer.

Who will be the plaintiff?

Who will be the defendant?

4. Cliff rents an apartment at the Sunshine apartments owed by Jon in Metropolis. Cliff complained to Jon that there was no smoke alarm in his apartment but Jon failed to install an alarm after several requests. Scott also lives at the Sunshine apartments and he sells cocaine to people in Metropolis. Brad does not live at the Sunshine apartments but he frequently buys cocaine from Scott. Brad knows Scott keeps a lot of money in his apartment from sales of cocaine. Brad broke into Scott's apartment one night when Scott was not home and stole $7,000 from Scott. Brad set Scott's apartment on fire so no one would find Brad's fingerprints. Five apartments are completely destroyed and Cliff escapes his apartment but is badly burned in the fire because he did not have a smoke alarm to alert him until the fire had spread.

Identify each person (A. Cliff B. Jon C. Scott D. Brad) in this story as either a victim, plaintiff, suspect, or defendant in a criminal or civil case. Keep in mind that more than one label can apply to one person and that it is possible for acts to be both criminal and civil. List each person, label them, and explain and justify your answers for each.

5. Scott leases a car lot from Jon for $1000 per month to start his used car business. Jon needs the first month's payment 10 days after Scott signs the lease so Jon can pay back-taxes to the City before the City forecloses on Jon's property. Brad agreed to buy a truck from Scott and Scott will make $1000 in profit selling the truck to Brad. Brad is about to drive to the car lot and pay Scott for the truck when Cliff points a gun at Brad and forces Cliff to give Brad all of the money.

Brad now has no money to give Scott and Scott can't pay Jon the first month's lease. Since Jon doesn't receive the money from Scott, Jon can't pay the back-taxes to the city and Jon loses his car lot.

Reference no: EM133616325

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