Quasi-criminal means a

lawsuit - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil act ...

equity Equity may refer to: Finance, accounting and ownership *Equity (finance), ownership of assets that have liabilities attached to them ** Stock, equity based on original contributions of cash or other value to a business ** Home equity, the diff ...

proceeding In academia and librarianship, conference proceedings is a collection of academic papers published in the context of an academic conference or workshop. Conference proceedings typically contain the contributions made by researchers at the conferen ...

that has some, but not all, of the qualities of a criminal

prosecution A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the Civil law (legal system), civil law inquisitorial system. The prosecution is the legal party responsible for presenting the ...

. It may appear in either a

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...

or a civil law

jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. J ...

. It refers to "a court's right to punish for actions or omissions as if they were criminal". The

origins Origin(s) or The Origin may refer to: Arts, entertainment, and media Comics and manga * ''Origin'' (comics), a Wolverine comic book mini-series published by Marvel Comics in 2002 * ''The Origin'' (Buffy comic), a 1999 ''Buffy the Vampire Sl ...

of the phrase comes from the

Latin language Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of ...

word, ''quasi'', meaning somewhat, sort-of, alike or akin, to

criminal law Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law ...

, as in

quasi-contract A quasi-contract (or implied-in-law contract or constructive contract) is a fictional contract recognised by a court. The notion of a quasi-contract can be traced to Roman law and is still a concept used in some modern legal systems. Quasi Contrac ...

. ''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, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the cour ...

. In some cases, a court may impose

asset forfeiture Asset forfeiture or asset seizure is a form of confiscation of assets by the authorities. In the United States, it is a type of criminal-justice financial obligation. It typically applies to the alleged proceeds or instruments of crime. This ap ...

or another

penalty Penalty or The Penalty may refer to: Sports * Penalty (golf) * Penalty (gridiron football) * Penalty (ice hockey) * Penalty (rugby) * Penalty (rugby union) * Penalty kick (association football) * Penalty shoot-out (association football) * Penal ...

. For example, a court has the right to punish actions or omissions of a

party A party is a gathering of people who have been invited by a host for the purposes of socializing, conversation, recreation, or as part of a festival or other commemoration or celebration of a special occasion. A party will often featu ...

in a

child support Child support (or child maintenance) is an ongoing, periodic payment made by a parent for the financial benefit of a child (or parent, caregiver, guardian) following the end of a marriage or other similar relationship. Child maintenance is paid d ...

case as if they were a criminal, penalizing the parent with a sentence of

jail A prison, also known as a jail, gaol (dated, English language in England, standard English, Australian English, Australian, and Huron Historic Gaol, historically in Canada), penitentiary (American English and Canadian English), detention cen ...

time.

Elements

''Quasi-criminal proceedings'' include a wide variety of matters, including prosecution for a violation of law or

ordinance Ordinance may refer to: Law * Ordinance (Belgium), a law adopted by the Brussels Parliament or the Common Community Commission * Ordinance (India), a temporary law promulgated by the President of India on recommendation of the Union Cabinet * ...

psychiatric Psychiatry is the medical specialty devoted to the diagnosis, prevention, and treatment of mental disorders. These include various maladaptations related to mood, behaviour, cognition, and perceptions. See glossary of psychiatry. Initial psy ...

matters,

motor vehicle A motor vehicle, also known as motorized vehicle or automotive vehicle, is a self-propelled land vehicle, commonly wheeled, that does not operate on rails (such as trains or trams) and is used for the transportation of people or cargo. The ...

law,

status offense A status offense is an action that is prohibited only to a certain class of people, and most often applied only to offenses committed by minors. In the United States, the term status offense also refers to an offense such as a traffic violati ...

family court Family courts were originally created to be a Court of Equity convened to decide matters and make orders in relation to family law, including custody of children, and could disregard certain legal requirements as long as the petitioner/plainti ...

actions, and

proceedings such as a

writ In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, a ...

. What these various legal matters have in common are these factors: * They may be instituted by a

government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government i ...

agent on behalf of a private citizen, or * They may be instituted by a private citizen on behalf of the government, ''

ex rel ''Ex rel.'' is an abbreviation of the Latin phrase "''ex relatione'' (meaning "risingout of the relation/narration f the relator ). The term is a legal phrase; the legal citation guide, the ''Bluebook'', describes ''ex rel.'' as a "procedural ph ...

''. * They implicate

fundamental rights Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a constitution, or have been found under due process of law. The United Nations' Susta ...

constitutional rights A constitutional right can be a prerogative or a duty, a power or a restraint of power, recognized and established by a sovereign state or union of states. Constitutional rights may be expressly stipulated in a national constitution, or they may ...

, subjecting the

law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

involved to

strict scrutiny In U.S. constitutional law, when a law infringes upon a fundamental constitutional right, the court may apply the strict scrutiny standard. Strict scrutiny holds the challenged law as presumptively invalid unless the government can demonstrate th ...

by the

judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...

.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 the

Miranda warning In the United States, the ''Miranda'' warning is a type of notification customarily given by police to criminal suspects in police custody (or in a custodial interrogation) advising them of their right to silence and, in effect, protection f ...

enunciated under the

legal doctrine A 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 ...

in ''

Miranda v. Arizona ''Miranda v. Arizona'', 384 U.S. 436 (1966), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Fifth Amendment to the U.S. Constitution restricts prosecutors from using a person's statements made in response to ...

'' or foreign counterparts. ** They are subject to requirements for

bail Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required. In some countrie ...

, if any.

Types of quasi-criminal proceedings

''Quasi-criminal'' actions include: * A violation of law, offense, or

, especially a

law,

parking ticket A parking violation is the act of parking a motor vehicle in a restricted place or in an unauthorized manner. It is against the law virtually everywhere to park a vehicle in the middle of a highway or road; parking on one or both sides of a road ...

, or

traffic ticket A traffic ticket is a notice issued by a law enforcement official to a motorist or other road user, indicating that the user has violated traffic laws. Traffic tickets generally come in two forms, citing a moving violation, such as exceeding ...

.Rules of the Cook County Circult Court, Illinois 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 a
Georgia Courts Memo on Application of Quasi-criminal
. Accessed June 30, 2008. * Psychiatric matters, such as

civil confinement Some jurisdictions may commit certain types of dangerous sex offenders to state-run detention facilities following the completion of their sentence if that person has a "mental abnormality" or personality disorder that makes the person likely to ...

mental hygiene Mental health encompasses emotional, psychological, and social well-being, influencing cognition, perception, and behavior. It likewise determines how an individual handles stress, interpersonal relationships, and decision-making. Mental health ...

commitments, and similar proceedings.New York Mental Hygiene law, article 81. * Regulatory offenses, such as health department violations, hunting or fishing without a

license A license (or licence) is an official permission or permit to do, use, or own something (as well as the document of that permission or permit). A license is granted by a party (licensor) to another party (licensee) as an element of an agreeme ...

, and driving while intoxicated or ability impaired ( D.W.I. or D.W.A.I.) when such is not a

misdemeanor A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than adm ...

. *

Family court Family courts were originally created to be a Court of Equity convened to decide matters and make orders in relation to family law, including custody of children, and could disregard certain legal requirements as long as the petitioner/plainti ...

actions, including ''PINS'' (

person in need of supervision A person in need of supervision (PINS) 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 ...

) or

truancy Truancy is any intentional, unjustified, unauthorised, or illegal absence from compulsory education. It is a deliberate absence by a student's own free will (though sometimes adults or parents will allow and/or ignore it) and usually does not refe ...

juvenile delinquency Juvenile delinquency, also known as juvenile offending, is the act of participating in unlawful behavior as a minor or individual younger than the statutory age of majority. In the United States of America, a juvenile delinquent is a perso ...

, paternity or

filiation Filiation is the legal term for the recognized legal status of the relationship between family members, or more specifically the legal relationship between parent and child. As described by the Government of Quebec: Filiation is the relationship ...

child custody Child custody is a legal term regarding '' guardianship'' which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of ''legal custody'', which is the ri ...

, and child visitation ("parenting time"). It may also include, in some states, a

divorce Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving th ...

action or family offense petition. *

Equity Equity may refer to: Finance, accounting and ownership *Equity (finance), ownership of assets that have liabilities attached to them ** Stock, equity based on original contributions of cash or other value to a business ** Home equity, the diff ...

proceedings such as a

qui tam In common law, a writ of ''qui tam'' is a writ through which private individuals who assist a prosecution can receive for themselves all or part of the damages or financial penalties recovered by the government as a result of the prosecution. It ...

bankruptcy Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debto ...

fraud In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compen ...

, and the like.

References

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

Criminal law

Elements

Types of quasi-criminal proceedings

See also

References

External sources