Civil Law vs. Criminal Law

Civil Law vs. Criminal Law: Breaking Down the Differences

There are two bodies of law whose purpose is to deter or punish serious wrongdoing or to compensate the victims of such wrongdoing. Criminal law deals with behaviour that is or can be construed as an offence against the public, society, or the state—even if the immediate victim is an individual. Examples are murder, assault, theft, and drunken driving. Civil law deals with behaviour that constitutes an injury to an individual or other private party, such as a corporation. Examples are defamation (including libel and slander), breach of contract, negligence resulting in injury or death, and property damage.

Criminal law and civil law differ in how cases are brought (who can bring charges or sue), how cases are decided (by a judge or jury), what penalty or sanction can be imposed, what standards of proof must be met, and what remedies defences may be available to the accused.

For example, in criminal cases, only the federal or state government (District Attorney’s Office) can initiate a case; cases are almost always decided by juries; the penalty for serious charges (a felony) is often imprisonment, but may also include a fine paid to the government; to secure a conviction, the prosecution must establish the defendant’s guilt “beyond reasonable doubt”; and defendants are protected from police or prosecutorial action that violates their constitutional rights, including the right to unreasonable searches and seizures (Fourth Amendment) and the right to forcible self-incrimination (Fifth Amendment).

In civil cases, by contrast, cases are initiated (claims are filed) by a private person (plaintiff); cases are usually heard by a judge (although juries may be involved in major cases); punishment almost always consists of a monetary reward and never consists of imprisonment; to prevail, the plaintiff must establish the defendant’s liability only according to the “preponderance of the evidence”; and defendants are not entitled to the same legal protections as criminal defendants.

It is important to note that since a single wrongful act can constitute both a public offence and a personal injury, it can result in criminal and civil charges. A widely cited example is the story of former football player O.J. Simpson: In 1995, he was acquitted of the murders of his wife and boyfriend, but two years later he was found guilty of their murders in a civil wrongful death suit.

Civil law vs. criminal law: Punishment

Another important difference between civil and criminal law lies in the form of punishment for admitting guilt. In a criminal case, if a person accused of a crime loses the case, they are likely to face some form of jail time or some form of probation. In civil cases, the resolution of the case does not result in jail time for the “losing” party. Often, litigation results in a financial penalty and/or an order to change behaviour.

Civil lawsuits are also often decided outside the courtroom. This usually involves a substantial payment to the plaintiff in exchange for the lawsuit being dismissed and the defendant admitting little or no action.

Can civil law and criminal law apply in the same case?

In some cases, the same incident may result in both a civil suit and a criminal case. Probably the most striking example of such a scenario is the case of O.J. Simpson Case: His criminal charges were dropped, but the victim’s family was able to successfully sue him in civil court.

This may seem like a one-sided application of justice, but be aware of the standards of the burden of proof. A civil case does not have to be as conclusive as a criminal case in order to win a decision. Thus, in this scenario, the criminal jury thought there was at least some doubt about Simpson’s guilt, but in the civil case, the jury found that he met the preponderance of evidence standard.