Understanding Torts and Crimes

For many years I've lived with the vague knowledge that crimes and torts are both punishable offenses, but I never bothered to investigate the difference between them till now. So here are some notes I want to share.

First we must break apart the term Law. In the United States "the Law" divides into two categories: Private law and Public law.

Private Law: Torts

As the title implies, this type of law guides the relations of individuals and businesses in a community (hamlet, town, city, county, state, or country). When violations of private law occur, then we say that a 'tort' has been committed.

Other subtleties mark torts, such as to whether the infraction was intentional or from an act of negligence. This distinction allows for fair treatment of the wrong-doer, and a fair and just compensation to the injured party. An action against the offender is called a cause of action (civil suit).

The most common torts are:

* Unfair competitive practices

* Slander - a false and oral besmirch on an individual's reputation.

* Libel - a false and written besmirch on an individual's reputation

* Personal injury - damages due to accidents, defective products (product liability), and other malpractices.

* Fraud - intentional deceit.

Public Law: Crimes

Public law applies to the relationships between individuals or businesses and society. When an infraction against the community occurs, a crime occurs. It is the job of public defenders -district attorneys- to defend the public interest. An action against the offender is called a prosecution.

Crimes are categorized by Congress as felonies and misdemeanors (also referred to as 'lesser crimes," although there are many different types of crimes that fall under each class.

The most common crimes are:

* Break-ins, burglary, theft, robbery.

* Forgery - the intentional altering, distorting, and defacing documents (to include signatures).

* The use of deceptive weights, measures, or labels - Most States have bureaus that supervise the standards set by law: If a motorist asks for 10 gallons of gas, did he actually get 10 gallons? Was it premium or regular? Does the cereal box really contain 10 ounces?

* The ill use of mails with the intention to defraud others.

* Receipt of stolen property.

* Filing fraudulent income tax returns.

* Embezzlement - the misappropriation of funds.

Some crimes, such as embezzlement, may be both: a tort and a crime, as we saw in the case of Bernie Madoff. Not only did the disgraced financier abuse the private trust of his clients, but also the public trust.

For both torts and crimes, common law statutes of limitations apply. This simply means that actions for remedy must be brought within the allowed periods of time, or the case will "run out."

For military personnel, both torts and crimes are covered under the Uniform Code of Military Justice. Unit commanders exercise discretion as to whether to punish under Article 15 of the Code, or to convene a court martial.

Conclusion:

While private law's purpose is to allow the injured party to recover and be compensated for damages suffered, public law in addition to recovery of damages, frequently punishes transgressors with incarceration.

Marciano Guerrero
Retired Investment Banker, Corporate Controller, graduate of Columbia University, and Vietnam Vet (1967-1968).

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Understanding Federal Sex Crimes

In the United States, there are two kinds of courts - state courts and federal courts. State courts have been established by each state and are located in cities and counties. In contrast, federal courts are established under the U.S. Constitution to handle disputes involving the Constitution and laws which were passed by Congress.

State courts have a lot of power, so most cases involving individuals will be heard in state courts. For example, the state courts will handle cases involving family law disputes, robberies, burglaries, theft and broken contracts. The state courts will not hear cases involving specific federal laws such as criminal, antitrust, bankruptcy, patent and copyrights.

A vast majority of criminal cases involving violations of state laws are heard in state courts, but cases which

involve violations of federal laws can be diverted to federal court. There are some instances where both federal and state courts have jurisdiction. When this occurs, the parties choose whether to go to state or federal court.

A federal crime or federal offense is a crime which is made illegal by federal legislation. In the U.S., people can be prosecuted at either the state or federal level. As stated above, the majority of criminal offenses are prosecuted on the state level; however, a "federal offense" will be prosecuted on in federal court.

Certain aggravated or more serious sex crimes are federal offenses in this country. If a person is convicted of a federal sex crime, they could be facing mandatory minimum sentencing. In addition to spending years in prison, probation or parole, and fines, they are also facing mandatory sex offender registration.

When a person is required to register on the national sex offender registry, their name, address, headshot and description of their offense will be publically posted. This means that anyone can have access to such private information for years to come. Sex offender registration can also limit where you live and where you can be. Limits can be placed on how close you go to a school campus or a public park.

Another less widely known fact about being convicted of a federal sex crime is that you might be sent to a Federal Medical Center, which is a Federal Bureau of Prisons Facility. These facilities treat the terminally ill, the mentally ill and sex offenders. Inmates with a sex offender history are enrolled in the residential Sex Offender Treatment Program (SOTP-R) or Sex Offender Management Program (SOMP). Whether inmates like it or not, they are expected to submit to these "intensive" treatment programs along with other sex offenders.

What sex crimes fall under the category of federal sex crimes? First of all, most sex crimes involving children such as sexual assault, rape, possession of child pornography or distribution of child pornography are considered federal crimes. The list of federal sex crimes is quite extensive, however some common examples of federal sex crimes include aggravated sexual abuse, repeat offenders, sexual exploitation of children, human trafficking, sexual abuse of a minor, sexual abuse resulting in death, selling or buying children for sexual purposes, and many more.

Being convicted of a federal sex crime can ruin your reputation and your livelihood. Not only would you be facing years in prison, but mandatory sex offender registration as well. Being labeled a "sex offender" will affect your ability to get housing, employment and higher education. No matter what brought you to these charges, it's essential that you consult with an experienced federal criminal attorney who defends such complex cases.

Guy L. Womack & Associates, P.C. is a federal criminal defenses firm which represents clients throughout the U.S. in federal court cases. When you are being charged with a federal crime, you cannot afford to hire an attorney who has little to no experience in defending federal criminal charges. Your case may be under scrutiny by a large federal agency such as the FBI, DEA or CIA. If this is true, you need a highly respected federal crime defense lawyer by your side. With nearly thirty years legal experience, and a background as a former federal prosecutor, Guy Womack has the requirements you need to defend your case in federal court. To learn more about how you can fight your charges, contact an attorney from our firm by calling toll free at (800) 990-8762 or by visiting the firm's website at http://www.federaldefenselawfirm.com.

Understanding Federal Crimes

In the realm of law, crimes are considered to be within a jurisdiction. This means that the trials for certain crimes are the responsibility of certain areas of the country. At the most basic division, jurisdiction is broken into two levels: state level and federal level.

States usually have jurisdiction over most crimes that occur within that state. This may include murder, theft, trespassing, and other actions that break federal and state criminal laws. Some crimes are under both federal and state jurisdiction, meaning that the trials can be heard in state or federal courts.

Some particular crimes are considered federal offenses even though they occur in certain states. These crimes are considered crimes against the federal government and may include espionage, conspiracy against the government, illegal alien smuggling, and other crimes that threaten the federal government.

Other cases that may share joint jurisdiction as previously mentioned may become exclusively federal crimes depending on the magnitude of the crime. Examples of this include major cases of embezzling, bank fraud, and drug-related crimes.

In many cases, federal crimes are considered more severe than state crimes because they put more people in danger or affect a greater number of individuals. When an individual is convicted of a federal crime, he or she may serve time in a federal prison as opposed to a state jail.

Federal crimes often carry severe punishments, and individuals who commit them often see decades or even life in prison. These sentences may be in addition to severe fines that an individual is ordered to pay.

When you have been accused of a federal crime, you may be at risk of losing many of your freedoms, especially if you do not enlist the help of an experienced criminal defense lawyer like the Austin federal defense attorneys at the Inglis law firm.

James Witherspoon

Understanding White Collar Crimes?

White collar crimes are perhaps the most commonly committed crimes that happen today. And just like any type of crime, white collar crimes come with punishments. Sure, the punishment may not be as harsh as robbing a bank or committing a murder, but the punishments can be quite harsh on a person's wallet and, yes, there are individuals who do spend time behind bars. Take Martha Steward, for example. She was found committing what can be considered a white collar crime and she ended up serving time for what she did.

But what exactly are white collar crimes? Many individuals wonder what the difference between a white collar crime and other types of crimes. Some don't think there is a difference at all. The truth is that there is a difference.

What is it?

A white collar crime is a very intricate crime. A white collar crime is a crime committed by a person while working within their occupation. In other words, it is a crime that involves the work that a person is doing. For example, individuals may embezzle money out of the business. This is considered a white collar crime. A cashier may be found dipping into the register. They may just be fired for this crime or the company may decide to take criminal action against them.

One of the most common white collar crimes is bankruptcy fraud. This is where an individual may not report all of their assets when filing bankruptcy. A company may also commit the same crime. This is considered fraud because it is possible to receive money back from the creditors in order to assist in getting back on your feet. If assets are not considered and this money is received, then that can be considered stealing. This is something that seems to be occurring every single day.

Computer crime is also a growing white collar crime. Computer crime can range anywhere from identity theft to insider trading. If it involves a computer that is being used to access the Internet and commit a crime, then it is considered a white collar crime. This is something that poses a very stiff penalty. There are individuals serving prison time for computer crimes and they are serving rather long sentences.

The punishments

Many of the punishments are done in the way of paying high fines for the crimes committed, but it really depends on the crime that has been committed. It is almost inevitable that someone who goes to prison has to pay exorbitant fines as well. This is so they can compensate the individuals they have hurt through their white collar crimes. Some people are so rich that this doesn't hurt them and they have no trouble getting back on their feet when it is all said and done. But there are other individuals who are not so lucky.

So if you ever hear the term "white collar crime," you now know what it is. It is a very intricate crime. Usually, a person has to do a lot of scheming and planning when it comes to committing these crimes. Being that they are usually committed in the workplace, they have to find ways to get around tight systems and the eyes of everyone they work with. But the truth is that these individuals are frequently caught. Hardly anyone gets away with dipping into funds or doing other things that result in financial gain for them. The evidence is usually so extravagant that it is hard to get away with one of these crimes. Many systems that businesses implement are simply too advanced to be manipulated for long.

Criminal Lawyer Fort Lauderdale specializes in white collar crime, sex crimes, domestic violence, drug crimes and motor vehicle related crimes in Fort Lauderdale. Lyons Snyder.