Both civil and criminal law have their own set of laws and penalties. The US has two sets of laws designed to deter or punish severe misbehavior and compensate victims. Criminal law is concerned with conduct that might be perceived as an infraction against the public, society, or State—even when the immediate victim is an individual. Murder, violence, theft, and drunken driving are all examples. Civil law is concerned with conduct that causes harm to a person or another private entity, such as a company.
Criminal and civil lawyers are commonly confused. Civil lawyers deal with matters of the law, whereas criminal lawyers deal with questions of law. Here is a definition of criminal and civil law to assist you in differentiating between the two.
Criminal and civil law; what’s the difference?
Your legal alternatives may vary based on how the matter is presented to a court, decided (by a judge or jury), the sanctions or penalties available, and the defendant’s protection.
Criminal Law
In criminal law, the State brings a case against a defendant, who is represented by a prosecutor. Individuals may report crimes, but only the state can prosecute them. The government punishes crimes in two categories: felonies, which have a potential term of more than one year in jail, and misdemeanors, which carry a maximum sentence of one year in prison or less.
People in criminal cases, for example, can only be sued by the federal or state government (the prosecution). A jury usually determines cases, and the prosecution must prove guilt “beyond a reasonable doubt” to convict. A person’s constitutional rights are also safeguarded (Fifth Amendment).
Civil Law
In civil law, a case begins when one party makes a complaint against another. The plaintiff files a claim, the defendant responds, and the process is called litigation. To remedy an injustice, the plaintiff requests the court to compel the defendant to pay compensation.
Additionally, in civil cases, cases are initiated (suits are filed) by a private party (the plaintiff); cases are typically decided by a judge (though significant cases may involve juries); punishment almost always consists of a monetary award and never involves imprisonment; the plaintiff must establish the defendant’s liability only by a “preponderance of evidence”; and defendants do not enjoy the same legal protections as plaintiffs.
One may argue that criminal law is concerned with safeguarding public interests. It entails punishing and rehabilitating criminals as well as preserving society. The government employs the police and prosecutor to carry out the criminal legislation. These services are financed with public funding. The police are responsible for finding and capturing those guilty of a crime against you once you have reported it to them.
In most situations, if a charge is correctly brought and there is evidence to support it, the government, not the individual who files the complaint, prosecutes it in court. This is referred to as a public prosecution system. On the other hand, civil law is concerned with personal conflicts between persons, between individuals and organizations, and between organizations. Civil law is concerned with the hurt, loss, or injury one party suffers to another. In a civil case, the defendant is either held responsible or not liable for damages, but the defendant may be found guilty or not guilty in a criminal case.
In short, if your case is classified as a criminal crime and comes within the jurisdiction of the criminal law, you will need to retain a criminal lawyer. All the while, if your case is categorized as a civil offense and it falls into civil law, then you would need to hire a civil lawyer to handle your case.
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