Quasi-criminal

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".[1]

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.[2] 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".[3]

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.[1] In some cases, a court may impose asset forfeiture or another penalty.[4] 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.

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 offenses, family court actions, and equity proceedings such as a writ. What these various legal matters have in common are these factors:

Types of quasi-criminal proceedings

Quasi-criminal actions include:

See also

References

  1. Hill, Gerald N.; Hill, Kathleen (2002). The people's law dictionary : taking the mystery out of legal language. New York, NY: MJF Books. ISBN 9781567315530.
  2. See also Quasimodo.
  3. N.Y. Jur. 2d, Words and Phrases, Quasi.
  4. Ballentine's Law Dictionary, p. 450
  5. Quasi criminal rights of persons charged with Motor vehicle offenses including DWI and Driving While Suspended Archived June 9, 2007, at the Wayback Machine, 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.
  6. Illinois law
  7. N.Y. Penal law, § 10.00, which uses the termm "offense", found at , go to "PEN", article 10.
  8. Rules of the Cook County Circult Court, Illinois Website Archived May 17, 2008, at the Wayback Machine. Accessed June 30, 2008.
  9. Montaldo, Charles Quasi-criminal on the About.com Website. Accessed June 30, 2008.
  10. 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 Georgia Courts Memo on Application of Quasi-criminal Archived July 28, 2007, at the Wayback Machine. Accessed June 30, 2008.
  11. New York Mental Hygiene law, article 81.

External sources

  1. 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:
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