Quasi-criminal
Encyclopedia
Quasi-criminal means a lawsuit
or equity proceeding that has some, but not all, of the qualities of a criminal prosecution. It may appear in either a Common law
or a Civil law
jurisdiction
. It refers to "a court's right to punish for actions or omissions as if they were criminal."
The origins
of the phrase comes from the Latin language word, quasi, meaning somewhat, sort-of, alike or akin, to criminal law
, as in Quasi-contract
. 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."
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
. In some cases, a court may impose asset forfeiture
or another penalty
. For example, a court has the right to punish actions or omissions of a party
in a child support
case as if they were a criminal, penalizing the parent with a sentence
of jail
time.
, psychiatric matters, motor vehicle
law, status offense
s, family court
actions, and equity proceedings such as a Writ
. What these various legal matters have in common are these factors:
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
or equity proceeding that has some, but not all, of the qualities of a criminal prosecution. It may appear in either a Common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
or a Civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
. It refers to "a court's right to punish for actions or omissions as if they were criminal."
The origins
Etymology
Etymology is the study of the history of words, their origins, and how their form and meaning have changed over time.For languages with a long written history, etymologists make use of texts in these languages and texts about the languages to gather knowledge about how words were used during...
of the phrase comes from the Latin language word, quasi, meaning somewhat, sort-of, alike or akin, to criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
, as in Quasi-contract
Quasi-contract
A quasi-contract is a fictional contract created by courts for equitable, not contractual purposes. A quasi-contract is not an actual contract, but is a legal substitute for a contract formed to impose equity between two parties. The concept of a quasi-contract is that of a contract that should...
. 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."
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
Contempt of court
Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...
. In some cases, a court may impose asset forfeiture
Asset forfeiture
Asset forfeiture is confiscation, by the State, of assets which are either the alleged proceeds of crime or the alleged instrumentalities of crime, and more recently, alleged terrorism. Instrumentalities of crime are property that was allegedly used to facilitate crime, for example cars...
or another penalty
Sanctions (law)
Sanctions are penalties or other means of enforcement used to provide incentives for obedience with the law, or with rules and regulations. Criminal sanctions can take the form of serious punishment, such as corporal or capital punishment, incarceration, or severe fines...
. For example, a court has the right to punish actions or omissions of a party
Party (law)
A party is a person or group of persons that compose a single entity which can be identified as one for the purposes of the law. Parties include: plaintiff , defendant , petitioner , respondent , cross-complainant A party is a person or group of persons that compose a single entity which can be...
in a child support
Child support
In family law and public policy, child support is an ongoing, periodic payment made by a parent for the financial benefit of a child following the end of a marriage or other relationship...
case as if they were a criminal, penalizing the parent with a sentence
Sentence (law)
In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
of jail
Jail
A jail is a short-term detention facility in the United States and Canada.Jail may also refer to:In entertainment:*Jail , a 1966 Malayalam movie*Jail , a 2009 Bollywood movie...
time.
Elements
Quasi-criminal proceedings include a wide variety of matters, including prosecution for a violation of law or ordinanceLocal ordinance
A local ordinance is a law usually found in a municipal code.-United States:In the United States, these laws are enforced locally in addition to state law and federal law.-Japan:...
, psychiatric matters, motor vehicle
Motor vehicle
A motor vehicle or road vehicle is a self-propelled wheeled vehicle that does not operate on rails, such as trains or trolleys. The vehicle propulsion is provided by an engine or motor, usually by an internal combustion engine, or an electric motor, or some combination of the two, such as hybrid...
law, status offense
Status offense
Two common definitions of a status offense or status crime are1. A status offense is an action that is prohibited only to a certain class of people, and most often applied to offenses only committed by minors....
s, family court
Family court
A family court is a court convened to decide matters and make orders in relation to family law, such as custody of children. In common-law jurisdictions "family courts" are statutory creations primarily dealing with equitable matters devolved from a court of inherent jurisdiction, such as a...
actions, and equity proceedings such as a Writ
Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
. What these various legal matters have in common are these factors:
- They may be instituted by a governmentGovernmentGovernment refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
agent on behalf of a private citizen, or - They may be instituted by a private citizen on behalf of the Government, Ex relEx relEx rel is an abbreviation of the Latin phrase "ex relatione" meaning "by the relation of" . The term is a legal phrase most commonly used when a government brings a cause of action upon the request of a private party who has some interest in the matter. The private party is called the relator in...
. - They implicate fundamental rightsFundamental rightsFundamental rights are a generally-regarded set of entitlements in the context of a legal system, wherein such system is itself said to be based upon this same set of basic, fundamental, or inalienable entitlements or "rights." Such rights thus belong without presumption or cost of privilege to all...
or constitutional rights, subjecting the LawLawLaw is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
involved to strict scrutinyStrict scrutinyStrict scrutiny is the most stringent standard of judicial review used by United States courts. It is part of the hierarchy of standards that courts use to weigh the government's interest against a constitutional right or principle. The lesser standards are rational basis review and exacting or...
by the judiciaryJudiciaryThe judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
. - Because of that, they may be subject to the Miranda warningMiranda warningThe Miranda warning is a warning given by police in the United States to criminal suspects in police custody before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings. In Miranda v...
enunciated under the Legal doctrineLegal doctrineA legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case. A doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows...
in Miranda v. ArizonaMiranda v. ArizonaMiranda v. Arizona, , was a landmark 5–4 decision of the United States Supreme Court. The Court held that both inculpatory and exculpatory statements made in response to interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant...
or foreign counterparts. - They are subject to requirements for BailBailTraditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
, if any.
Types of Quasi-criminal proceedings
Quasi-criminal actions include:- A Violation of law, offense, or OrdinanceLocal ordinanceA local ordinance is a law usually found in a municipal code.-United States:In the United States, these laws are enforced locally in addition to state law and federal law.-Japan:...
, especially a Motor vehicleMotor vehicleA motor vehicle or road vehicle is a self-propelled wheeled vehicle that does not operate on rails, such as trains or trolleys. The vehicle propulsion is provided by an engine or motor, usually by an internal combustion engine, or an electric motor, or some combination of the two, such as hybrid...
law, Parking ticket, or Traffic ticketTraffic ticketA traffic ticket is a notice issued by a law enforcement official to a motorist or other road user, accusing violation of traffic laws. Traffic tickets generally come in two forms, citing a moving violation, such as exceeding the speed limit, or a non-moving violation, such as a parking violation,...
. - Psychiatric matters, such as Civil confinementCivil confinementCivil confinement is a controversial procedure permitted by a law passed in New York, advocated by the former governor, Eliot Spitzer, allowing the civil commitment of sex offenders because they are deemed by a court to be a danger to themselves or to society. One political commentator on the topic...
, Mental hygiene commitments, and similar proceedings. - Regulatory offensesStatus offenseTwo common definitions of a status offense or status crime are1. A status offense is an action that is prohibited only to a certain class of people, and most often applied to offenses only committed by minors....
, such as Health departmentHealth departmentA health department or health ministry is a part of government which focuses on issues related to the general health of the citizenry. Subnational entities, such as states, counties and cities, often also operate a health department of their own...
violations, hunting or fishing without a licenseHunting licenseA hunting license is a regulatory or legal mechanism to control recreational and sports hunting.Hunting may be regulated informally by "unwritten law", "self restraint", or "morality" and by laws "enforced by government authority."...
, and Driving While Intoxicated or Ability Impaired (D.W.I. or D.W.A.I.) when such is not a MisdemeanorMisdemeanorA misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
. - Family courtFamily courtA family court is a court convened to decide matters and make orders in relation to family law, such as custody of children. In common-law jurisdictions "family courts" are statutory creations primarily dealing with equitable matters devolved from a court of inherent jurisdiction, such as a...
actions, including PINS (Person in need of supervisionPerson In Need of SupervisionPersons in need of supervision is a term frequently used by social services agencies in the United States to describe a juvenile who is not currently in the household of a parent or legal guardian, or is currently not under their control as evidenced by the person's status offense, who is not an...
) or TruancyTruancyTruancy is any intentional unauthorized absence from compulsory schooling. The term typically describes absences caused by students of their own free will, and usually does not refer to legitimate "excused" absences, such as ones related to medical conditions...
, Juvenile delinquencyJuvenile delinquencyJuvenile delinquency is participation in illegal behavior by minors who fall under a statutory age limit. Most legal systems prescribe specific procedures for dealing with juveniles, such as juvenile detention centers. There are a multitude of different theories on the causes of crime, most if not...
, Child supportChild supportIn family law and public policy, child support is an ongoing, periodic payment made by a parent for the financial benefit of a child following the end of a marriage or other relationship...
, PaternityPaternity (law)In law, paternity is the legal acknowledgment of the parental relationship between a man and a child usually based on several factors.At common law, a child born to the wife during a marriage is the husband's child under the "presumption of legitimacy", and the husband is assigned complete rights,...
or FiliationPaternity (law)In law, paternity is the legal acknowledgment of the parental relationship between a man and a child usually based on several factors.At common law, a child born to the wife during a marriage is the husband's child under the "presumption of legitimacy", and the husband is assigned complete rights,...
, Child custodyChild custodyChild custody and guardianship are legal terms which are used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.Following ratification of the United...
, and Child visitation (Parenting time). It may also include, in some statesUnited StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
, a DivorceDivorceDivorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
action or family offenseDomestic violenceDomestic violence, also known as domestic abuse, spousal abuse, battering, family violence, and intimate partner violence , is broadly defined as a pattern of abusive behaviors by one or both partners in an intimate relationship such as marriage, dating, family, or cohabitation...
petition. - Equity proceedings such as a WritWritIn common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
, Qui tamQui tamIn common law, a writ of qui tam is a writ whereby a private individual who assists a prosecution can receive all or part of any penalty imposed...
, Contempt of courtContempt of courtContempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...
, BankruptcyBankruptcyBankruptcy is a legal status of an insolvent person or an organisation, that is, one that cannot repay the debts owed to creditors. In most jurisdictions bankruptcy is imposed by a court order, often initiated by the debtor....
, fraudFraudIn criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
, and the like. - Zoning laws.
- InternmentInternmentInternment is the imprisonment or confinement of people, commonly in large groups, without trial. The Oxford English Dictionary gives the meaning as: "The action of 'interning'; confinement within the limits of a country or place." Most modern usage is about individuals, and there is a distinction...
. - Detention.
See also
- Administrative lawAdministrative lawAdministrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law...
- Asset forfeitureAsset forfeitureAsset forfeiture is confiscation, by the State, of assets which are either the alleged proceeds of crime or the alleged instrumentalities of crime, and more recently, alleged terrorism. Instrumentalities of crime are property that was allegedly used to facilitate crime, for example cars...
- Car accidentCar accidentA traffic collision, also known as a traffic accident, motor vehicle collision, motor vehicle accident, car accident, automobile accident, Road Traffic Collision or car crash, occurs when a vehicle collides with another vehicle, pedestrian, animal, road debris, or other stationary obstruction,...
- Court system of CanadaCourt system of CanadaThe court system of Canada is made up of many courts differing in levels of legal superiority and separated by jurisdiction. Some of the courts are federal in nature while others are provincial or territorial....
- Criminal law in CanadaCriminal law in CanadaThe criminal law of Canada is under the exclusive legislative jurisdiction of the federal government. The power to enact criminal law is derived from section 91 of the Constitution Act, 1867...
- Detainee
- Equity (law)
- Hunting licenseHunting licenseA hunting license is a regulatory or legal mechanism to control recreational and sports hunting.Hunting may be regulated informally by "unwritten law", "self restraint", or "morality" and by laws "enforced by government authority."...
- Infraction
- Legal aidLegal aidLegal aid is the provision of assistance to people otherwise unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to counsel and the right to a fair trial.A number of...
- Prostitution in the People's Republic of ChinaProstitution in the People's Republic of ChinaShortly after taking power in 1949, the Communist Party of China embarked upon a series of campaigns that purportedly eradicated prostitution from mainland China by the early 1960s. Since the loosening of government controls over society in the early 1980s, prostitution in mainland China not only...
- Quasi-contractQuasi-contractA quasi-contract is a fictional contract created by courts for equitable, not contractual purposes. A quasi-contract is not an actual contract, but is a legal substitute for a contract formed to impose equity between two parties. The concept of a quasi-contract is that of a contract that should...
- Slander and libelSlander and libelDefamation—also called calumny, vilification, traducement, slander , and libel —is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government, or nation a negative image...
- Status offenseStatus offenseTwo common definitions of a status offense or status crime are1. A status offense is an action that is prohibited only to a certain class of people, and most often applied to offenses only committed by minors....
- Strict liability (criminal)Strict liability (criminal)In criminal law, strict liability is liability for which mens rea does not have to be proven in relation to one or more elements comprising the actus reus although intention, recklessness or knowledge may be required in relation to other elements of the offence...
- Summary jurisdictionSummary jurisdictionSummary jurisdiction, in the widest sense of the phrase, in English law includes the power asserted by courts of record to deal brevi manu with contempts of court without the intervention of a jury. Probably the power was originally exercisable only when the fact was notorious, i.e. done in...
- Traffic ticketTraffic ticketA traffic ticket is a notice issued by a law enforcement official to a motorist or other road user, accusing violation of traffic laws. Traffic tickets generally come in two forms, citing a moving violation, such as exceeding the speed limit, or a non-moving violation, such as a parking violation,...
- Trespass to Property Act of OntarioTrespass to Property Act of OntarioTrespass to Property Act of Ontario is provincial law in Ontario dealing with illegal entry into private and public property. As a provincial law, the penalties and mechanisms of enforcement are also provincial...
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