Criminal Law: Functions, Differences between Civil and Criminal Law

Running head: CRIMINAL LAW
Criminal Law
Name of the Student
Name of the University
Author Note

1CRIMINAL LAW
Question 1:
It is evident that law has various functions in a society. These social functions can be
categorized as establishing standards, resolving disputes, maintaining order and protecting the
rights and liberties of the individuals. The foremost function of law is to establish standards in
order to protect the life and property of the individuals from being damaged (Moka-Mubelo).
Maintaining order and resolving disputes have been considered to be necessary in order to
comply with the guidelines of the society. In order to resolve disputes, alternative dispute
resolution has been introduced. The statutes and constitutions of the United States has provided
various rights and liberties.
There is an argument regarding the fact that whether law can express public morality and
teach the importance of societal boundaries. It is worthwhile to refer here that, issues may arise
regarding the existing relationship between law and morality in democratic countries like the
United States. Therefore, from the beginning, the makers of law have emphasized on the part that
whether the legislation should reflect moral principles or whether the nature of the laws is such
that it can be interpreted by the judges in relation to moral values and principles (Finnis). It is
noteworthy to mention here that, argument has been raised on the point that whether laws should
enforce mortality or they are binding on the concerned authority.
Question 2:
Civil law deals with disputes in organizations between individuals in which the
compensation is awarded to the victim. On the other hand, criminal law is the body of law which
deals with the nature of crime, punishment and other criminal offences. In case of civil law, the
burden of proof lies upon the claimant however; in certain situations the burden of proof may