Criminal and Civil Law: What Are the Differences?
Criminal and civil law are two distinct bodies whose purpose is to punish or deter violations and compensate victims for associated harm. However, criminal and civil law encompasses different rules, regulations and procedures and adopt varying approaches to resolve disputes and deliver justice. Criminal law addresses crimes against individuals and the general society and often involves serious crimes such as murder and arson. On the other hand, civil law addresses violations between individuals and institutions and deals with housing, property-related disputes, child custody, and divorce. Therefore, criminal and civil law target specific cases, are initiated differently, and aim at different outcomes.
Criminal law adheres to regulations designed and established by the government to describe individuals’ responsibilities toward others and limit engagement in illegal activities. Therefore, criminal law defines crimes committed against government stipulations regardless of whether the victim is an individual (Hall, 2022). For example, crimes such as assault, murder, drunken driving, drug trafficking, kidnapping, arson, and theft fall under criminal violations because they go against laws the government upholds from the constitution. However, punishments for crimes vary according to the severity and history of criminal activity. Criminal violations are further categorized into felonies and misdemeanours. Misdemeanours describe less serious crimes, while felonies refer to severe crimes against others and the state.
Civil law describes non-criminal-related violations perpetrated by individuals against organizations or institutions and vice-versa. Civil law addresses individuals’ interests and considers whether others or organizations have violated them. This branch of law is divided into four fields, including contract law, family law, tort law, and property law. Civil law generally investigates individuals’ responsibility and liability in property and monetary cases (Torres-Fowler, 2019). As a result, the court obligates the alleged wrongdoer to compensate the victim or develop a solution to reverse the harm imposed. The main goal of civil litigation is to restore the complainants’ status to the position held before the violations. Therefore, civil cases address harm and damages done to individuals because of the negligence of others and shortcomings.
The main differences between civil and criminal law are their purpose and point of focus. However, the two branches differ in how court cases are initiated and heard and the penalties imposed. Only federal and state governments initiate criminal cases, and the involved parties present their case before a jury. Conviction and imprisonment is the most common punishment, but accused parties can pay a fine to secure their freedom (Hall, 2022). Nevertheless, the court must establish that the accused is guilty beyond reasonable doubt. On the other hand, private parties initiate civil cases and present issues before a judge. Punishment for civil violations comprises monetary awards and reimbursement for damages (Torres-Fowler, 2019). Regardless, a plaintiff must provide evidence that the accused party is responsible for the unwanted outcomes or harm.
Criminal and civil law are distinct categories of regulations that dictate the approaches to hearing and deciding cases. Criminal law handles cases against government action, while civil laws look into non-crime-related disputes between individuals or people and organizations because of negligence and contract breaches. Examples of criminal violations are murder, assault, theft, and arson. Civil issues include property disputes, divorce, personal injury, and harm due to negligence. Accordingly, crimes under criminal law are punishable by imprisonment, while civil violations warrant reimbursement for damages. However, a court must prove an individual’s guilt beyond reasonable doubt in criminal cases and liability in civil cases. Regardless, the ultimate aim of both branches is to limit infringing on others’ rights and establish law and order.
References
Hall, D. E. (2022). Criminal law and procedure. Cengage Learning.
Torres-Fowler, R. Z. (2019). The Prague Rules: What US Practitioners Need to Know about the
Civil Law World’s Answer to the IBA Rules on the Taking of Evidence in International Arbitration. Constr. Law., 39, 18. Web.