What's the Difference Between Civil Law vs Criminal Law?

The law is divided into civil and criminal cases, and there are some fundamental differences in how these cases are decided. While both criminal and civil law seek to punish defendants, they go about it in very different ways, and the standards for finding a defendant guilty are not the same.

In criminal law, the ‘state’ files the case and conducts a trial against a defendant through the prosecution. In civil law, victims must file the case, and the law does not consider a civil suit to be an offense against the state or against society.

Criminal law establishes jail time and monetary fines as a possible punishment if a defendant is found guilty, whereas civil law only allows monetary damages for a person who is found liable.

Under criminal law, the prosecution must prove beyond a reasonable doubt that the defendant committed the criminal act. Under civil law, the prosecution needs only to prove that the defendant is guilty by a ‘preponderance of the evidence.’ This standard means that it is more likely than not that the defendant violated civil law.

Criminal law requires a defendant to be tried by a jury of his or her peers. Civil law, on the other hand, does not have this requirement, so some cases are tried in front of a jury, and some cases are tried in front of a judge.

Criminal law provides a court-appointed attorney for defendants who cannot afford to hire a private lawyer. Under civil law, the claimant must pay for a lawyer and is not entitled to free legal counsel from the state.

Defendants in a criminal law case receive protections such as a ban on illegal searches and seizures. These protections are not available in civil law cases.

Civil law allows either the claimant or the defendant to appeal a verdict. Under criminal law, however, only the defendant can file an appeal.

The differences between civil law and criminal law are the result of how the state views crime.

Criminal law is considered to be in the public interest, and police and prosecutors are hired by the state to pursue cases against those who violate the criminal code.

Civil law, however, deals with disputes and conflicts between people or between people and organizations.

In rare instances, however, a defendant can be tried for the same crime under civil and criminal law.

The most famous example is that of OJ Simpson, who was found not guilty under criminal law of murdering his former wife and her friend, but was found liable under civil law of intentionally causing the death of both victims.

If you have been arrested for a crime and you need a lawyer who will mount an aggressive defense, or you need representation for a personal injury claim, contact the Fitch & Stahle Law Office at (402) 494-3012 for a free legal consultation.