- Quasi-criminal
Quasi-criminal means a
lawsuit or equityproceeding that has some, but not all, of the qualities of a criminalprosecution . It may appear in either aCommon law or a Civil lawjurisdiction . It refers to "a court's right to punish for actions or omissions as if they were criminal." [http://legal-dictionary.thefreedictionary.com/quasi-criminal The Free Dictionary] . Accessed June 30, 2008.]The origins of the phrase comes from the
Latin language word, "quasi", meaning somewhat, sort-of, alike or akin, tocriminal law , as inQuasi-contract . [See alsoQuasimodo .] "Quasi" is used "to indicate that one subject resembles another, with which it is compared, in certain characteristics, but there are intrinsic and material differences between them." [N.Y. Jur. 2d, Words and Phrases, "Quasi".]During a civil or equity trial, a court may act as if it were a criminal case to punish a person for
contempt of court . [ [http://www.legalexplanations.com legalexplanations.com ] ] In some cases, a court may imposeasset forfeiture or another penalty. [Ballentine's Law Dictionary, p. 450] For example, a court has the right to punish actions or omissions of a party in achild support case as if they were a criminal, penalizing the parent with a sentence ofjail time. [ [http://dictionary.com/default2.asp?selected=1689&bold=%7C%7C%7C%7C Law Dictionary] ]Elements
"Quasi-criminal proceedings" include a wide variety of matters, including prosecution for a
Violation of law or Ordinance,Psychiatric matters,Motor vehicle law,Status offense s,Family court actions, and Equity proceedings such as aWrit . What these various legal matters have in common are thesefactors :
# They may be instituted by aGovernment agent on behalf of a private citizen, or
# They may be instituted by a private citizen on behalf of the Government, "Ex rel ".
# They implicateFundamental rights orConstitutional rights , subjecting theLaw involved toStrict scrutiny by theJudiciary . [http://www.njlaws.com/quasicriminalrights.htm Quasi criminal rights of persons charged with Motor vehicle offenses including DWI and Driving While Suspended ] , citing "State v. Cooper", 129 N.J. Super. 229, 231 (App. Div.), certif. denied, 66 N.J. 329 (1974); "State v. Selzer", 57 N.J. Super. 327, 330 (Law Div. 1959); "State v. Rowe", 116 N.J.L. 48, 51 (1935); "Vickey v. Nessler", 230 N.J. Super. 141, 149 (1989); amongst other cases.]
# Because of that, they may be subject to theMiranda warning enunciated under theLegal doctrine in "Miranda v. Arizona " or foreign counterparts.
#They are subject to requirements forBail , if any. [ [http://law.justia.com/illinois/codes/chapter54/1987.html Illinois law] ]Types of Quasi-criminal proceedings
"Quasi-criminal" actions include:
# A Violation of law, offense, or Ordinance, especially aMotor vehicle law,Parking ticket , orTraffic ticket . [N.Y. Penal law, § 10.00, which uses the termm "offense", found at [http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS] , go to "PEN", article 10.] [http://www.cookcountycourt.org/rules/rules/rulespart11.html Rules of the Cook County Circult Court, Illnois Website] . Accessed June 30, 2008.] [Montaldo, Charles [http://crime.about.com/od/g_criminal/g/quscrmnlct.htm Quasi-criminal on the About.com Website] . Accessed June 30, 2008.] David L. Ratley, Judicial Council of Georgia, Administrative Office of the Courts, Memorandum, Zoning & Traffic Fine Questions as applied to POABF, December 18, 2003, found at [http://research.georgiacourts.org/OpinionDocs/Bray17thPOABF.fin.doc.doc Georgia Courts Memo on Application of Quasi-criminal] . Accessed June 30, 2008.]
# Psychiatric matters, such asCivil confinement ,Mental hygiene commitments, and similar proceedings. [New York Mental Hygiene law, article 81.]
# Regulatory offenses, such asHealth department violations, hunting or fishing without a license, and Driving While Intoxicated or Ability Impaired (D.W.I. or D.W.A.I.) when such is not aMisdemeanor .
#Family court actions, including "PINS" (Person in need of supervision ) orTruancy ,Juvenile delinquency ,Child support ,Paternity orFiliation ,Child custody , andChild visitation ("Parenting time"). It may also include, in some states, aDivorce action or family offense petition.
# Equity proceedings such as aWrit ,Qui tam ,Contempt of court ,Bankruptcy ,fraud , and the like.
#Zoning law s.
#Internment .
# Detention.References
ee also
*
Administrative law
*Asset forfeiture
*Car accident
*Court system of Canada
*Criminal law in Canada
*Detainee
*Equity (law)
*Hunting license
*Infraction
*Legal aid
*Prostitution in the People's Republic of China
*Quasi-contract
*Slander and libel
*Status offense
*Strict liability (criminal)
*Summary jurisdiction
*Traffic ticket
*Trespass to Property Act of Ontario External sources
# Dennis P. Stolle & Mark D. Stuann, "Defending Depositions in High-stakes Civil and Quasi-criminal Litigation", West. Crim. Rev. 4(2), at pp. 134-142 (2003), found at: [http://wcr.sonoma.edu/v4n2/manuscripts/stollestuaan.pdf]
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