What Is Criminal Law vs Civil Law?

With legal cases, you must focus on specifics. For instance, would you classify your case as a criminal law matter vs a civil law matter? Criminal law pertains to criminal acts deemed harmful to society, even if only one person experiences immediate harm. Civil law deals with private disagreements between individuals or groups surrounding legal responsibilities and duties owed. Before diving deeper into the two different forms of law, know that they can occasionally intersect with each other.

What Are Civil Cases?

Whenever an individual or organization accuses another individual or organization of negligence regarding a legal duty, that creates the foundation for a civil case. The person who feels wronged is the plaintiff and the person accused of negligence is the defendant. The plaintiff takes the defendant to federal or state court with the intention of the defendant either compensating the plaintiff for damages or fulfilling a duty, sometimes both.

Corporations, the federal government, and individuals have the right to bring civil cases to federal court for violations of constitutional rights or federal statutes. An example of this is a person suing a local police department for racial profiling or a violation of constitutional rights.

What Are Criminal Cases?

Anyone who stands formally accused of a crime receives either a misdemeanor or a felony. A state’s attorney’s office (usually referred to as a District Attorney) takes on state crimes. On the other hand, the United States Attorney’s Office handles federal crimes. In these cases, anyone deemed a victim in the crime does not bring a criminal case against the accused, like in a civil case. Instead, the government prosecutes the accused. One essential fact here is that there need not be a victim for a criminal case to exist, such as driving while under the influence of drugs or alcohol. Sometimes, serious offenses have the potential to lead to harm to others, which is reason enough for criminal charges.

If a court finds the accused guilty of committing a crime, the person receives a sentence. Examples of sentences include:

• Imprisonment
• Paying a fine, restitution or another monetary penalty
• Supervision in the community
• A combination of the three

Usually, criminal cases allow for a trial by jury.

What Are Essential Differences Between Criminal vs Civil Law Cases?

When it comes to civil and criminal cases, several key differences stand out. Criminal cases, unlike civil ones, involve offenses against society and often the state, carrying penalties like imprisonment or fines. The standard of proof is also stricter in criminal cases, requiring proof “beyond a reasonable doubt,” while civil cases rely on a “preponderance of evidence.” Additionally, civil cases don’t require a jury trial, and criminal defendants are entitled to specific rights, including the right to an attorney and additional legal protections.

How Does Conduct at Issue Differ?

Criminal cases generally involve more serious conduct than civil cases, often with an element of intent. In contrast, civil cases typically revolve around negligence rather than deliberate actions.

For example, if someone intentionally robs another person, there’s clear intent, making it a criminal act. On the other hand, a storekeeper who fails to clean up a spill may not have intended harm, but if a customer slips and is injured, the storekeeper’s negligence allows the injured party to seek compensation in a civil case.

How Does Punishment Differ?

A defendant found guilty in a criminal case must face probation or incarceration. In a civil case, the person found most responsible for the incident must either change her or his behavior or pay a financial penalty. While criminal cases go to trial, the same is not always true of civil cases. Parties may settle a civil case outside of court to save time and money. By dropping the suit, the plaintiff has the chance to receive a substantial sum. In exchange, the defendant admits to either doing no wrong or admits to a degree of negligence.

How Does the Burden of Proof Differ?

In both criminal and civil cases, the plaintiff bears the burden of proof, which means providing adequate evidence to support or prove stated claims. Civil cases often have a less severe burden of proof, with criminal cases requiring proof beyond a reasonable doubt. The burden of proof is so severe in criminal cases that it is not unusual for there to be enough evidence to make it seem like the defendant most likely committed a crime, but the person still dodges punishment. This is because the defendant’s legal advocate focused on disproving evidence and planting seeds of doubt in the judge’s and jury’s minds.

How Does Mindset Differ?

Lawyers do not approach civil cases with the same mindset as they do criminal cases. For instance, when negotiating a deal in a criminal case, a legal professional must consider plea agreements, how a judge may respond to a plea agreement, how a jury may decide, and how much time the accused may spend in prison.

With civil cases, lawyers have fewer restraints to consider when devising an acceptable solution. For that reason, a majority of civil cases (roughly 90%) do not even make it to trial.

How Can the Two Case Types Overlap?

Sometimes, acts contain elements of both criminal and civil law. For example, a person can stand accused of homicide and face a wrongful death suit after the criminal trial concludes. The criminal charges punish the accused via prison time and fines while civil charges help the victim or the victim’s dependents recover damages. In such instances, while there may be inadequate evidence for the criminal case, there could be enough for the civil case.

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About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations. Contact Aaron at [email protected] for article suggestions, collaborations, or inquiries.