Criminal law and civil law are two different types of law that vary based on their purpose, potential punishments and the process in which cases are presented to the court. In some instances, a defendant may be subject to criminal charges and a civil complaint.
Purpose of the Law
Criminal law is intended to punish the wrongdoer. Additionally, having criminal punishments such as the possibility of imprisonment, the imposition of fines and restrictions on liberty are meant to serve as a deterrent to other individuals who may contemplate committing criminal conduct. Criminal law serves society as a whole by showing what happens to individuals who violate the expected order.
In contrast, civil law is concerned with redressing the wrongs that the defendant has caused the victim or plaintiff. This is primarily accomplished by ordering the defendant to pay compensation. The goal is to restore the victim to the place he or she would be in had the defendant not harmed him or her.
Examples of Law
Criminal law concerns crimes based on state and federal laws, such as murder, rape, assault, battery, burglary, theft and tax evasion. Civil laws include cases involving breach of contract, car accidents, divorce, child custody, negligence and malpractice.
Parties and Individuals Involved
The parties that participate in the proceedings are different in each type of case. In civil cases, the plaintiff is the person who brings forth a lawsuit to seek compensation or another remedy with the court. Civil cases involve disputes between private parties, organizations or both. The defendant is the person who is alleged to have harmed the plaintiff. Insurance companies may also be involved if they are responsible for covering the defendant’s liability.
In criminal cases, the prosecutor brings charges against the defendant who is alleged to have committed some type of crime.
Processing of Case
In civil cases, a private party is responsible for filling a civil complaint against the defendant who is legally served with the complaint and summons. The party may be a person, business, organization or corporation. In criminal cases, the government files the case. This is usually completed by receiving an indictment by a grand jury or an information. In civil cases, the plaintiff and defendant may receive information from the other party through the process of discovery in which the parties are legally obligated to provide answers to questions and produce certain documents and other evidence upon request. In a criminal case, the defendant is not required to speak or provide any evidence that could be used to self-incriminate. The prosecution is required to provide information to the defense attorney, especially if that evidence works against the defendant’s guilt.
Burden and Standard of Proof
In a civil case, the plaintiff has the legal duty to establish the reasons why the defendant should be required to provide compensation to him or her. This is referred to as the “burden of proof.” In criminal cases, the prosecutor has the legal duty to show that the criminal defendant committed each element of the crime. If the prosecution does not meet this burden, the defendant should be found “not guilty.”
In criminal law cases, the standard of proof is “beyond a reasonable doubt.” The standard is much lower in civil cases, usually by the “preponderance of the evidence.” This standard simply means that the evidence weighs more in favor of the plaintiff’s assertions than in the defendant’s.
Reaching a Decision
A plaintiff may request a jury trial in a civil case. A criminal defendant is entitled to a jury trial. The jury deliberates and makes a decision. State law determines how many jurors must agree for a verdict to be secured. In a civil case, the fact finder finds whether to weigh in favor of the plaintiff or the defendant. The jury may also determine how much to award in compensation.
In criminal cases, the decision is whether the defendant is guilty or not guilty. All members of the jury must reach a unanimous verdict with some exceptions. If the jury finds the defendant guilty, the jury may impose a sentence or this may be left up to the judge to decide, depending on state law. Punishments may include imprisonment, fines, community service and other possible consequences.
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Purpose of the Law
Criminal law is intended to punish the wrongdoer. Additionally, having criminal punishments such as the possibility of imprisonment, the imposition of fines and restrictions on liberty are meant to serve as a deterrent to other individuals who may contemplate committing criminal conduct. Criminal law serves society as a whole by showing what happens to individuals who violate the expected order.
In contrast, civil law is concerned with redressing the wrongs that the defendant has caused the victim or plaintiff. This is primarily accomplished by ordering the defendant to pay compensation. The goal is to restore the victim to the place he or she would be in had the defendant not harmed him or her.
Examples of Law
Criminal law concerns crimes based on state and federal laws, such as murder, rape, assault, battery, burglary, theft and tax evasion. Civil laws include cases involving breach of contract, car accidents, divorce, child custody, negligence and malpractice.
Parties and Individuals Involved
The parties that participate in the proceedings are different in each type of case. In civil cases, the plaintiff is the person who brings forth a lawsuit to seek compensation or another remedy with the court. Civil cases involve disputes between private parties, organizations or both. The defendant is the person who is alleged to have harmed the plaintiff. Insurance companies may also be involved if they are responsible for covering the defendant’s liability.
In criminal cases, the prosecutor brings charges against the defendant who is alleged to have committed some type of crime.
Processing of Case
In civil cases, a private party is responsible for filling a civil complaint against the defendant who is legally served with the complaint and summons. The party may be a person, business, organization or corporation. In criminal cases, the government files the case. This is usually completed by receiving an indictment by a grand jury or an information. In civil cases, the plaintiff and defendant may receive information from the other party through the process of discovery in which the parties are legally obligated to provide answers to questions and produce certain documents and other evidence upon request. In a criminal case, the defendant is not required to speak or provide any evidence that could be used to self-incriminate. The prosecution is required to provide information to the defense attorney, especially if that evidence works against the defendant’s guilt.
Burden and Standard of Proof
In a civil case, the plaintiff has the legal duty to establish the reasons why the defendant should be required to provide compensation to him or her. This is referred to as the “burden of proof.” In criminal cases, the prosecutor has the legal duty to show that the criminal defendant committed each element of the crime. If the prosecution does not meet this burden, the defendant should be found “not guilty.”
In criminal law cases, the standard of proof is “beyond a reasonable doubt.” The standard is much lower in civil cases, usually by the “preponderance of the evidence.” This standard simply means that the evidence weighs more in favor of the plaintiff’s assertions than in the defendant’s.
Reaching a Decision
A plaintiff may request a jury trial in a civil case. A criminal defendant is entitled to a jury trial. The jury deliberates and makes a decision. State law determines how many jurors must agree for a verdict to be secured. In a civil case, the fact finder finds whether to weigh in favor of the plaintiff or the defendant. The jury may also determine how much to award in compensation.
In criminal cases, the decision is whether the defendant is guilty or not guilty. All members of the jury must reach a unanimous verdict with some exceptions. If the jury finds the defendant guilty, the jury may impose a sentence or this may be left up to the judge to decide, depending on state law. Punishments may include imprisonment, fines, community service and other possible consequences.