Difference Between Civil and Criminal Law

There are many people who don’t really understand the difference between civil and criminal law even though there are very clear factors that separate the two. It is important for you to know the difference because you never know when you will need this information.

Parties: In civil law, when an individual or a company lays the claim and files suit they are known as the offended party while in criminal law, the court records the complaints and if the accused is found guilty it is called an indictment.

Debates: In civil law it is usually the issue of private privileges accorded to individuals, organizations and governments that are usually the subject of debate. In cases where civil suits include aspects of harm it is normally called a tort and in such cases the person offended can sue for damages. On the other hand, in criminal law suits the person is indicted by the authorities for the perpetration of acts against the laws of the state or the general social order; a good example is when someone drives under the influence of alcohol, stealing or assault.       

Representation: The respondent in criminal law cases is qualified to get a lawyer to represent them and in situations where they are not able to afford the cost of hiring one, the state or national government is usually under obligation to provide one for them. However, where a civil suit is concerned, it is the respondent’s business to get their own lawyer and they must pay for the services or if they cannot they can choose to represent themselves.

Punishment: Criminal law considers any crime as an act against the state or society as opposed to an individual and this is why the government brings legal action against the suspect. When they are found guilty, the defendant could be punished by paying a fine or serving a period of time in prison or jail while at other times they could be placed on probation. Serving time in jail is viewed as a loss of personal freedom and is viewed as a more severe punishment most of the time.  

Burden of proof: Since the stakes are usually higher for the defendant in a criminal case other than a civil case, the justice system has a set of safeguards to take care of the rights of a defendant. Among the most common ones is the presumption of innocence until someone is proven guilty; the defendant is not obliged to prove his innocence but it is the prosecution that must prove them guilty beyond reasonable doubt. The burden of proof is usually lighter in civil law where the preponderance of evidence showing that there is more than 50% probability that one party is wrong is all that may be required.    

This article is penned by Richard Conrad for Hamilton & McInnis, L.L.P. who are a leading law firm with a combined experience of over 50 years. Whether it is business law or criminal law that you seek professional advice or legal assistance they are trusted by many.