by Answerbag Staff on February 10th, 2010

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What is"hybrid"in criminal justice?

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  • by Dale Ray Mann on February 10th, 2010

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    Professionally Researched. (What's this?)

    A legal "hybrid" emerges when two areas of criminal justice overlap to create a new one. Identifiable hybrids are found among legal systems, criminal and civil offenses, and courts.

    Identification

    Criminal justice hybrids are separately functioning entities which overlap to create a new one. The liberal use of the term, made mainstream with the advent of hybrid automobiles, is as prevalent in criminal justice as it is in society.

    Hybrid Crime

    Various U.S. circuit courts have heard cases that might involve a hybrid of theft and fraud. However, only the Third Circuit has actually identified a case, Nugent v. Ashcroft, in which a hybrid of the two existed.

    Hybrid Law

    While overlaps in state and federal law have spawned new tort law, the two continue to overlap in areas too minor to produce hybrids.

    Tribunals

    Hybrid criminal justice bodies occur in the form of international joint tribunals which try both domestic and international humanitarian crimes.

    Considerations

    Some hybrids don't occur naturally: For example, criminal and tort law permit separate trials in regard to the same act. The accused may be found innocent in the criminal trial, but held financially responsible in the subsequent civil trial.

    Source:

    Social Science Research Network; "International Criminal Law: A New Legal Hybrid"

    NYU Law; "Positioning Hybrid Tribunals in International Criminal Justice"

    Justice.gov; "Matter of De Fatima GARCIA-MADRUGA, Respondent"

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