Differences Between Criminal And Civil Law
Civil matters adjudicate conflict between individuals and business entities, criminal matters involve alleged wrongs committed by individuals against the public. This article will look at some of the differences between criminal and civil law
Criminal Law
In criminal cases, the prosecutor’s role is to represent the state or federal government against the defendant who has been accused of committing a crime against the people. The defendant is represented by either a public defender or private defense counsel. In criminal matters, the goal sought is to obtain a guilty verdict in which the defendant is sentenced to jail and/or the payment of fines.
Burden of proof
In criminal cases, the prosecutor carries the entire burden of proof in order to obtain a criminal conviction against the defendant. The prosecutor must prove every element of the crime beyond a reasonable doubt. This is true in both misdemeanor and felony cases.
Severity of harm
Federal and state laws divide crimes into two categories of varying severity: misdemeanors and felonies. Felonies are much more serious crimes than misdemeanors and hence have much harsher sentences.
Criminal acts require intent
A crime is an intentional, deliberate, or criminally reckless act that causes physical harm to another person or anthers person’s property, such as theft. In criminal cases, the police gather evidence, and the prosecution presents its case against the accused. In criminal matters, the prosecutor must convince a jury “beyond a reasonable doubt” that the accused intentionally committed the crime.
Crimes against persons and property
Criminal law usually involves crimes that are perpetrated against persons and property. Examples of crimes against persons include violent crimes such as murder, manslaughter, and sexual assault. Crimes against property are usually categorized as theft, vandalism, and violent hate crime.
Civil Law
Civil law deals with disputes between private parties. It is a very broad topic that encompasses a multitude of legal areas. For example, civil law often involves contract and property disputes. For example, people who disagree over the terms of a contract; the rights of property owners where one person may claim superior ownership rights over another person’s ownership claims.
Civil wrongs
Civil disputes also include employment disputes. For example, an employee of the company claims they have been wrongfully terminated and then brings a civil suit against their employer for breaching the employment agreement.
Personal injury
The most common type of civil wrong is personal injury law. Personal injury law mostly deals with the law of negligence and negligent acts. A negligent act is a form of carelessness that causes another person physical and emotional harm.
burden of proof
The plaintiff carries the burden of proof in civil matters and must prove her case by a preponderance of the evidence. Another way of understanding the civil burden of proof is known as proving the case by a preponderance of the evidence.
remedies sought
Usually, the remedy sought is in the form of monetary damages and, in some cases, injunctive relief.
Under the law of torts, certain acts are generally divided into negligent or intentional acts. Intentional acts, however, are distinguishable from criminal acts and are often based on the degree of intent and character of the wrong committed.
In some cases, a wrongful act can be charged as both a civil wrong or a crime such as a battery. Below are other examples:
Civil assault
Civil assault is the act of intending to put another in immediate apprehension of harm.
Intentional infliction of emotional distress
This tort describes a person’s extreme or outrageous act intended to cause another severe emotional distress.
False imprisonment
The intentional act of placing another in physical confinement without their consent and without legal authority.
