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23-582: Lawman is a term used in reference to an American law enforcement officer , usually a sheriff or a marshal . Lawman may also refer to the Scandinavian legal office discussed under lawspeaker . Law enforcement officer Modern legal codes use the term peace officer (or in some jurisdictions, law enforcement officer ) to include every person vested by the legislating state with law enforcement authority. Traditionally, anyone "sworn, badged, and armable" who can arrest, or refer such arrest for

46-407: A criminal action than in a civil one since the loser risks not only financial penalties but also being sent to prison (or, in some countries, execution). In English law , the prosecution must prove the guilt of a criminal "beyond reasonable doubt", while the plaintiff in a civil action is required to prove his case "on the balance of probabilities". "Beyond reasonable doubt" is not defined for

69-484: A criminal prosecution . Security officers may enforce certain laws and administrative regulations, which may include detainment or apprehension authority, including arresting in some jurisdictions. Peace officers may also be able to perform all duties that a law enforcement officer is tasked with, but may or may not be armed with a weapon. The term peace officer in some jurisdictions is interchangeable with law enforcement officer or police officer, but in others peace officer

92-457: A duty to maintain public order and make arrests and includes a constable." Title 1, Section 215(27) enumerates those who are peace officers in the State of Arizona. It includes: Arizona Revised Statutes 41-1823 states that except for duly elected or appointed sheriffs and constables, and probation officers in the course of their duties, no person may exercise the authority or perform the duties of

115-451: A peace officer carry more severe penalties than the same acts against a private person. It is unlawful to resist, delay, or obstruct a peace officer in the course of the officer's duties (Penal Code § 148[a][1]). New York State grants peace officers very specific powers under NYS Criminal Procedure Law , that they may make warrantless arrests , use physical and deadly force, and issue summonses under section 2.20 of that law. There

138-641: A peace officer unless he is certified by the Arizona peace officers standards and training board. Sections 830 through 831.7 of the California Penal Code list persons who are considered peace officers within the State of California. Peace officers include, in addition to many others, Most peace officers have jurisdiction throughout the state, but many have limited powers outside their political subdivisions. Some peace officers require special permission to carry firearms. Powers are often limited to

161-411: A peace officer, and a staff member so designated has all the powers, authority, protection and privileges that a peace officer has by law in respect of Also, provincial legislatures can designate a class of officers (i.e. Conservation Officers, Park Rangers and Commercial Vehicle Safety and Enforcement) to be peace officers. United States federal law enforcement personnel include but are not limited to

184-411: Is a full list of peace officers under Section 2.10 of that law. Below are some examples. Texas Statutes, Code of Criminal Procedure, Art. 2.12, provides: Art. 2.12, WHO ARE PEACE OFFICERS. The following are peace officers: Notes Criminal Procedure Law Criminal procedure is the adjudication process of the criminal law . While criminal procedure differs dramatically by jurisdiction,

207-650: Is a totally separate legal designation with quasi-police powers. In Canada, the Criminal Code (R.S., c. C-34, s. 2.) defines a peace officer as: Peace officer includes Section (b) allows for designation as a peace officer for a member of the Correctional Service of Canada under the following via the Corrections and Conditional Release Act : *10. The Commissioner may in writing designate any staff member, either by name or by class, to be

230-454: The English , allow a private citizen to bring a criminal prosecution against another citizen , criminal actions are nearly always started by the state . Civil actions , on the other hand, are usually started by individuals . In Anglo-American law, the party bringing a criminal action (that is, in most cases, the state) is called the prosecution , but the party bringing a civil action is

253-503: The European Convention on Human Rights , and it is included in other human rights documents. However, in practice, it operates somewhat differently in different countries. Such basic rights also include the right for the defendant to know what offence he or she has been arrested for or is being charged with, and the right to appear before a judicial official within a certain time of being arrested. Many jurisdictions also allow

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276-463: The legal costs of the prosecution , but does not normally order the convicted accused to pay any compensation to the victim of the crime. The victim must pursue their claim for compensation in a civil, not a criminal, action. In countries using the continental civil law system , such as France and Italy , the victim of a crime (known as the "injured party") may be awarded damages by a criminal court judge . The standards of proof are higher in

299-529: The plaintiff . In a civil action the other party is known as the defendant . In a criminal case, the private party may be known as the defendant or the accused . A criminal case in the United States against a person named Ms. Sanchez would be entitled United States v. (short for versus , or against) Sanchez if initiated by the federal government; if brought by a state, the case would typically be called State v. Sanchez or People v. Sanchez. In

322-466: The prosecution – that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defense prove that they are innocent, and any doubt is resolved in favor of the defendant. This provision, known as the presumption of innocence , is required, for example, in the 46 countries that are members of the Council of Europe , under Article 6 of

345-593: The United Kingdom, the criminal case would be styled R. (short for Rex or Regina, that is, the King or Queen ) v. Sanchez. In both the United States and the United Kingdom, a civil action between Ms. Sanchez and a Mr. Smith would be Sanchez v. Smith if started by Sanchez and Smith v. Sanchez if begun by Smith. Evidence given at a criminal trial is not necessarily admissible in a civil action about

368-448: The criminal trial. If the accused has given evidence on his trial he may be cross-examined on those statements in a subsequent civil action regardless of the criminal verdict. Once the plaintiff has shown that the defendant is liable, the main argument in a civil court is about the amount of money , or damages , which the defendant should pay to the plaintiff. Proponents of either system tend to consider that their system defends best

391-458: The defendant the right to legal counsel and provide any defendant who cannot afford their own lawyer with a lawyer paid for at the public expense. Countries using the common law tend to make a clear distinction between civil and criminal procedures. For example, an English criminal court may force a convicted accused to pay a fine to the Crown as punishment for the crime, and sometimes to pay

414-531: The following: In addition, many departments in the U.S. Federal Government contain Inspector Generals who are able to appoint criminal investigators to work under them. For an exhaustive list of all federal law enforcement, you can find it on Federal law enforcement in the United States . Arizona Revised Statutes defines a peace officer in Title 13, Section 105, as "any person vested by law with

437-400: The jury which decides the verdict, but it has been said by appeal courts that proving guilt beyond reasonable doubt requires the prosecution to exclude any reasonable hypothesis consistent with innocence: Plomp v. R . In a civil case , however, the court simply weighs the evidence and decides what is most probable. Criminal and civil procedure are different. Although some systems, including

460-422: The other person has committed a felony whether or not in the arresting person's presence (Penal Code § 837), though such an arrest when an offense has not occurred leaves a private person open to criminal prosecution and civil liability for false arrest . A peace officer may: Persons are required to comply with certain instructions given by a peace officer, and certain acts (e.g., battery) committed against

483-405: The performance of peace officers' primary duties (usually, enforcement of specific laws within their political subdivision); however, most have power of arrest anywhere in the state for any public offense that poses an immediate danger to a person or property. A private person (i.e., ordinary citizen) may arrest another person for an offense committed in the arresting person's presence, or if

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506-419: The process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated , and results in the conviction or acquittal of the defendant . Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure. Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on

529-400: The same matter, just as evidence given in a civil cause is not necessarily admissible on a criminal trial. For example, the victim of a road accident does not directly benefit if the driver who injured him is found guilty of the crime of careless driving. He still has to prove his case in a civil action. In fact he may be able to prove his civil case even when the driver is found not guilty in

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