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:
- They may be instituted by a government agent on behalf of a private citizen, or
- They may be instituted by a private citizen on behalf of the government, ex rel.
- They implicate fundamental rights or constitutional rights, subjecting the law involved to strict scrutiny by the judiciary.[1][5]
- Because of that, they may be subject to the Miranda warning enunciated under the legal doctrine in Miranda v. Arizona[5] or foreign counterparts.[1]
- They are subject to requirements for bail, if any.[5][6]
Types of quasi-criminal proceedings
Quasi-criminal actions include:
- A violation of law, offense, or ordinance, especially a motor vehicle law, parking ticket, or traffic ticket.[5][7][8][9][10]
- Psychiatric matters, such as civil confinement, mental hygiene commitments, and similar proceedings.[11]
- Regulatory offenses, such as health 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 a misdemeanor.[8]
- Family court actions, including PINS (person in need of supervision) or truancy, juvenile delinquency, child support,[1] paternity or filiation, child custody, and child visitation ("parenting time"). It may also include, in some states, a divorce action or family offense petition.
- Equity proceedings such as a writ, qui tam, contempt of court, bankruptcy, fraud, and the like.
See 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 China
- Quasi-contract
- Slander and libel
- Status offense
- Strict liability (criminal)
- Summary jurisdiction
- Traffic ticket
- Trespass to Property Act (Ontario)
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: [2]