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 Etymology of the phrase comes from the Latin language word, quasi, meaning somewhat, sort-of, alike or akin, to criminal law, as in quasi-contract.[See also Quasimodo.] 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".[N.Y. Jur. 2d, Words and Phrases, Quasi.]
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.[Ballentine's Law Dictionary, p. 450] 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
Local ordinance,
psychiatric matters,
motor vehicle law,
,
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.
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They implicate fundamental rights or constitutional rights, subjecting the law involved to strict scrutiny by the judiciary.
[ 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.]
Types of quasi-criminal proceedings
Quasi-criminal actions include:
-
A violation of law, offense, or Local ordinance, especially a motor vehicle law, parking ticket, or traffic ticket.
[N.Y. Penal law, § 10.00, which uses the termm "offense", found at [3], go to "PEN", article 10.][ Rules of the Cook County Circult Court, Illinois Website . Accessed June 30, 2008.][Montaldo, Charles Quasi-criminal on the About.com 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 at Georgia Courts Memo on Application of Quasi-criminal . Accessed June 30, 2008.]
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Psychiatric matters, such as civil confinement, mental hygiene commitments, and similar proceedings.
[New York Mental Hygiene law, article 81.]
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Status offense, such as health department violations, hunting or fishing without a Hunting license, and driving while intoxicated or ability impaired (D.W.I. or D.W.A.I.) when such is not a misdemeanor.
-
Family court actions, including PINS (person in need of supervision) or truancy, juvenile delinquency, child support,
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Equity proceedings such as a writ, qui tam, contempt of court, bankruptcy, fraud, and the like.
See also
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: [7]
