Civil and Criminal Law Systems
Civil law generally refers to the legal codes and systems in place to resolve individual disputes. In contrast, criminal law is the body of law that deals with punishment for offenses committed against the state. The key difference amongst the two is that civil law is focused on restitution for the victim, while criminal law is focused on deterrence and punishment for the offender. Civil law is usually divided into two main categories: contract and tort law.
Contract law deals with forming and enforcing agreements between parties, while tort law covers wrongs committed against individuals, not covered by contract law. On the other hand, criminal law is divided into two main categories: felonies and misdemeanors. Felonies are the most severe crimes, such as murder, rape, and robbery, while misdemeanors are less serious offenses, such as trespassing and littering. Thus, civil and criminal law can be applied in different cases, and each system has its specific pros and cons under different circumstances.
Application, Pros, and Cons of Criminal and Civil Laws
Criminal and civil law are two separate legal systems that can be applied in different cases. The civil law system is primarily used to settle disputes between individuals and organizations (Hall, 2022). This type of law is typically less severe than criminal law, and the burden of proof is lower. The main goal of civil law is to provide a remedy to the victim rather than punishing the offender. This system is often used to resolve issues such as child custody, child support, alimony, and property division. The criminal law system prosecutes individuals who have committed a crime. This type of law is more severe than civil law, and the burden of proof is higher (Hall, 2022). Furthermore, the core objective of criminal law is to punish the offender and deter others from committing the same crime. This system is often used to resolve issues such as assault.
There are pros and cons to both civil and criminal law systems. The main advantage of criminal law is that it is designed to protect society from crime, while its disadvantage is that it can be used to prosecute people who have not committed a crime (Hall, 2022). On the other hand, civil law’s critical advantage is that it aims at resolving individual disputes. Its primary disadvantage is that it can be used to exploit individuals who are not involved in a dispute.
Furthermore, a single incident that may involve both criminal and civil law is when a person is injured, and therefore, the victim may sue the individual who caused the injury in civil court. The victim may also file a police report, which could lead to the arrest and prosecution of the person who caused the injury in criminal court. Moreover, I believe that the criminal justice system is the better system. It protects society from dangerous people, as an injured person can still get compensation through the civil justice system. But, if someone repeatedly injures people, they need to be stopped. The only method to do that is through the criminal justice system.
Conclusion
Criminal law addresses behavior considered detrimental to society and sanctioned by jail or other sanctions. On the other side, civil law deals with interpersonal interactions and conflicts. Criminal law’s real benefit is that it serves as deterrence to potential criminals. Therefore people are less likely to conduct crimes if they are aware that they could face punishment. That promotes societal safety; however, the deterrent effect of civil law does not exist. Additionally, people are occasionally found guilty of crimes they did not commit. That may occur due to mistakes made by the police or the prosecution or false testimony provided by witnesses; contrarily, those errors do not apply to civil law.
Reference
Hall, D. E. (2022). Criminal Law and Procedure. (8th Ed.). Cengage Learning.