ETMA06 Punishment Essay Example | Topics and Well Written Essays - 2000 words

ETMA06 Punishment - Essay Example The judiciary hears and decides two main types of cases; these are the criminal cases for violations of the duly instituted penal laws of the land and the civil cases for the settlement of various disputes between and among the members of the population. There is little room for interpretation insofar as the criminal cases are concerned because it is based on concrete penal laws etched in stone. On the other hand, civil cases are a wide open battle field where people fight over disputes involving contracts, torts, and human or property relations among others. Both civil and criminal cases end with a judgment promulgated by the judicial authority hearing the case. On the one hand, criminal cases are decided with the declaration that the accused is either guilty or not guilty of the offence as charged. If the accused is guilty, he is sentenced to community service, imprisonment of even death penalty. The victim is then vindicated. On the other hand, civil cases are decided with the declaration that the claimant is either entitled or not to the damages prayed for. If the claim is granted, the defendant is ordered to compensate the claimant for the loss that he has suffered. The aggrieved party is then compensated. In essence, although they are of different nature and gravity, both civil and criminal cases carry sanctions imposed upon the wrongdoer and compensation unto the party that has suffered losses. This is the basis for the famous statement which says, â€Å"the difference between civil and criminal sanctions is that the former are designed to compensate and the latter are designed to punish’. In this view, this paper shall look into the nature and defining features of both civil and criminal sanctions and then examine their similarities and differences. Sanctions in civil law are penalties imposed by courts or other quasi-judicial bodies which are designed as a deterrence for violations of non-penal laws as well as to provide incentives for