The Difference Between Criminal and Civil Law
Criminal Law
A criminal case must involve a crime. A crime is an illegal action as defined by the US Congress or the state legislatures. Criminal law cases can revolve around violent actions like assault, drug abuse, weapons charges or homicides. However, it can also encompass crimes like bribery, extortion, theft and shoplifting. Since these crimes are acts against the society, either the local, state or federal government files the criminal charges. The government prosecutor, or district attorney, is the one with the power to prosecute or drop the case. The victim is simply the witness.
The Bill of Rights guarantees certain rights. Because the charges against the defendant can result in severe punishment, a defendant who cannot afford attorney will be assigned a government paid defense lawyer. Defendants in criminal trials also have protection from: double jeopardy, warrant-less searches, and self incrimination.
The prosecutor must establish the case against the defendant without any doubts. The prosecutor must prove the charges fully, while the defense lawyer casts doubts on the prosecutor’s case. Criminal courts often use trial juries for the final verdict. The punishment in criminal law usually includes jail time, a fine or in some cases the death penalty.
Civil Law
Civil law deals with private business transactions, money, property and other assets. Civil law is made through written legislative acts and court decisions. Civil law falls into two broad categories: contract law and torts. Contract law deals with breeches or conflicts with agreements between two or more parties. Torts are civil wrongs, when a person is harmed and then wants compensation due to negligence or intent. Contract law is used in a house purchase or service vendor contracts. A tort law case may involve a car accident or medical malpractice.
For civil cases, the plaintiffs file a claim that says the defendant has not fulfilled a legal duty. Both the plaintiff and the defendant hire private attorneys for the trial. The burden of proof for the prosecutor is lower than in criminal law. The prosecutor only has to prove that the defendant was 51% wrong. Juries are sometime used. Unlike criminal law, civil law defendants do not have the same Bill of Rights protection.
In civil law, the goal is to settle a dispute between parties and to figure out what a “reasonable” person would do. If the defendant is found guilty, then the plaintiff will get a settlement or property from the defendant. But even if the defendant loses, the final settlement does not include jail time. Sometimes both the plaintiff and the defendant may end up paying a settlement to each other for wrongs committed.