Modern society is based on a legal structure that relies on two main principles: civil and criminal law. Although they both have the same end goal of keeping their people in an orderly, just civilization, they have different views on how to handle conflict.
It is easy to mistake one and the other, especially since one bad thing could lead to two legal processes. It is important, however, to know the fundamentals of each: who initiates the legal proceedings, what must be the level of proof, and what are the consequences of the court’s ruling.
- Data sources and data collection methods.3. Data Analysis.
The greatest difference between civil and criminal cases is that of the bringing party and the reason for filing a case in court.
Civil Law: Making Victims Whole and Resolving Private Disputes
Civil law regulates disputes between individuals or corporations or even institutions. It covers aspects including contract violations, personal injury, property damage, family law (including divorce and child custody), and negligence.
A civil case is a lawsuit that is brought by the victim or party who lost, or was at a financial loss, and is called the plaintiff; The other party is known as the defendant. The goal of civil actions is not punishment but compensation and restoration. The legal system aims to put the hurt party back in the same position, as if the wrong had not occurred.
Punishment for Wrongs Against Society; Criminal Law.
Unlike criminal law, though, criminal law is concerned with actions that are considered very offensive, or harmful, to the whole of society. Criminals will go to any lengths from stealing property, vandalizing cars, driving while intoxicated to serious crimes such as armed robbery, battery and homicide.
Crimes are defined as offences against public peace and state sovereignty, and therefore cannot be started by the individual victim. Rather, it is initiated by the state, through a public prosecutor or a district attorney. The victim can be a key witness, but the prosecution is under the control of the state. The ultimate purpose of punishment is deterrence, retribution, rehabilitation and disorder maintenance.
How a party is expected to establish its case in court.The obligations of a party to prove its case in court.
The legal requirements for establishing guilt or liability in civil and criminal cases differ widely because the “worth” of the case is quite different.
Preponderance of the Evidence in Civil proceedings.
The preponderance of the evidence is the standard of proof in civil litigation. In this standard, the plaintiff has the burden of proof of establishing that his or her account of the facts is more likely to be true than false. From a quantitative perspective, this is a threshold of less than $50%$. The plaintiff wins if the judge or jury believes that there is at least a little evidence on his side. The intermediate standard, called “clear and convincing evidence,” is lower than the criminal standard, and may be used in select civil cases where there are substantial rights involved, such as the termination of parental rights and civil fraud cases.
A precedent case that established that the prosecution must prove the defendant’s guilt beyond doubt in criminal trials.
A criminal conviction carries with it one of the most important freedoms or rights of a person, namely the right to live or to be free, and the highest standard of proof in the justice system is proof beyond reasonable doubt. The prosecution has the burden of presenting an evidence that leaves no reasonable doubt in the fact-finder as to the defendant’s guilt. If there is any reasonable doubt based on evidence, the defendant should be acquitted.
- Legal implications and remedies
The goals of civil cases and criminal trials differ according to a different set of constitutional goals.
Restitution, Compensation and Injunctions – Civil Remedies.
There is no direct punitive imprisonment for a defendant who is convicted in a civil case. Rather, courts provide a remedy, either in law or in equity:
Compensatory Damages: Damages that are awarded to cover costs such as medical expenses, lost wages, property damages or emotional distress.
Punitive Damages: Extra monetary damages imposed when there is an extreme or willful misconduct; intended to discourage further wrong-doing.
Equitable Relief: A court order to do or not to do something, for example, a decision to grant a permanent injunction against trademark infringement, an order for specific performance in a real estate contract.
If you are found guilty of an offense, you may face one or more of the following penalties: jail time, probation, and fines.
A criminal verdict does not mean the defendant has to pay money. Direct sanctions that seek to punish and protect society include:
County jail or state/federal prison sentences.
Community service, formal probation and parole supervision.
Fines for crimes paid straight to the government treasury and mandatory repayments for the victim.
Severe consequences, such as barring eligibility to vote, own a firearm and work in the future.Consequences that can last a lifetime, including losing the right to vote, to own a gun, and to hold a job.
The Intersection: Parallel Proceedings
A single misconduct can result in both a criminal case and a civil suit. An example of this is if the driver of a vehicle crashes a car and kills someone, he/she could be prosecuted for vehicular manslaughter by the state and also face civil action for wrongful death by the family of the person.
The result of these cases need not be the same due to the differences in the parties and the burdens of proof. Though it is easier to prove liability by a $51%$ probability than beyond a reasonable doubt, a criminal acquittal will not prevent a successful civil lawsuit. In addition, the constitutional prohibition on double jeopardy is only for criminal prosecution, not civil action following a criminal trial.
Two Pillars of a Balanced Justice System.
Civil and Criminal law are two sides of the same coin in the legal order. The purpose of criminal law is to protect the people by setting out limits to acceptable behaviour and holding those who break those limits to account. Civil law offers people and organizations a civilized and peaceful way to resolve disputes and seek restitution without having to resort to self-help. These systems work together to strike a balance between individual restitution and public safety.
