Civil Law and Criminal Law: Key Differences

Civil Law and Criminal Law: Key Differences It's important to know the differences between civil and criminal proceedings because those differences affect how a trial is pursued and how a verdict is rendered. The most basic difference is that a criminal trial prosecutes offenders or those who violate the laws of our society. While a civil lawsuit can also result from a crime, such as an assault, that doesn't always have to be the case.

The Difference is in the Type of Violation In criminal cases, the court deals with violations of the law with the state representing the people of that community. The specific victim of the crime doesn't have to file a complaint in criminal court for a prosecutor to file criminal charges. A rape victim may choose not to file a complaint against her rapist, but the prosecutor can still file charges on behalf of the state.

A lawsuit in civil court cannot move forward without a complaint filed by the harmed individual.

As the plaintiff, it's up to the victim in an accident to seek damages from the defendant. If the plaintiff or injured party chooses not to pursue a claim, a civil suit cannot move forward.

A Difference in the Burden of Proof The burden of proof in criminal court is that a person is guilty "beyond a reasonable doubt," and that the jury must unanimously agree the defendant is guilty. However, a civil lawsuit requires a much lower burden of proof, requiring a plaintiff to prove that the defendant "more likely than not" was responsible for causing the plaintiff's harm. Additionally, a unanimous decision isn't required in a civil case. Instead, a majority of jurors can return a verdict in favor of the plaintiff in a civil case.

Punishments and Penalties Differ In a criminal proceeding, the primary penalties are comprised of imprisonment and fines. In some cases, a judge can order a defendant to pay restitution to the victim or to the family of a victim. However, the primary penalty is still incarceration.

In a civil trial, the juror awards compensatory damages, which are used to help the victim or plaintiff recover from the harm caused by the defendant. These damages consist of medical care costs, lost wages, and other monetary damages. The jury can also choose to award punitive damages, which are intended to punish the defendant as a means of ensuring they won't behave in the same manner again. Punitive damages can range from $1 up to several millions of dollars, but the amount is at the jury's discretion.