Differences and Similarities Between Criminal and Civil Law

Every society needs an order to function so that its citizens can leave peaceful life. To maintain order in society and to prevent chaos and uncertainty, we need criminal law. In order to ensure the smooth functioning of society, laws have been made which define certain acts or behaviors as crimes which are prohibited or violations of which can result in a punishment for that behavior. In other words, Criminal law deals with crime and the legal punishment of criminal offenses.

The Purpose and Features of Civil and Criminal Laws

Since crime is conduct that goes beyond injuries to private parties and causes public harm to society as a whole, a criminal act is considered an offense against the state, and society. In criminal cases, a state prosecutor, on behalf of the federal government or state files the case against the accused. An individual cannot file a criminal case against another individual. He can only report the crime. A criminal conviction can result in imprisonment or fines.

On the other hand, Civil law deals with the private rights of individuals. Civil lawsuits are filed by the individual when his/her rights are violated (the plaintiff) or when there is a dispute between two parties. The purpose of civil law is to compensate the victim of the wrongdoing and it typically results in payment of financial penalties or damages payment to the victim.

The purpose of criminal law is to deter or punish serious wrongdoers. Criminal law deals with offenses against the state or society even if the direct victim is an individual. A person can be charged with a criminal offense if his or her behavior or actions are against the law and even if no one was harmed because of his actions. The fundamental concept of criminal law is that the criminal act does not affect an individual but also society as a whole. The purpose of deterrence is not merely to punish the people for the crime but also to discourage people from committing the same crime.

In a criminal proceeding, the burden of proof or proving the responsibility of the defendant lies with the prosecution. Unless the prosecution proves the defendant guilty, he/she is presumed to be innocent. Also, in a criminal case, the evidence must prove the defendant is guilty of the crime beyond a reasonable doubt which is the highest standard of proof in any court.

In a civil lawsuit, the burden of proof is lower, and it lies with the plaintiff and the plaintiff must prove that it is more likely that the defendant was responsible or is liable by a preponderance of the evidence. In some civil lawsuits, the plaintiff might be required to prove by clear and convincing evidence.

In Criminal cases, when the defendant is found guilty, the judge must sentence the defendant on the basis of the guidelines established by the existing criminal law for that offense. Within those guidelines, the judge has discretion.

In civil law, when the defendant is found liable for the wrongdoing, he is liable to pay financial damages to the plaintiff or is ordered to do or not do something.

Even though the treatment of criminal and civil cases has significant differences, some actions can result in both civil and criminal cases. For example, assault can result in both a criminal case and a civil lawsuit. If a person has intentionally injured another person, he as violated Penal Code and has committed a crime hence, a civil case can be filed against him by the state. Similarly, the victim can file a civil lawsuit for compensation of the victim’s pain and suffering. Both the cases will be treated separately and will proceed in court on its own merits.