While there’s an immense amount of complexity innate to every legal system, there are a few straightforward, top-level aspects of the law which everyone should know about.
The separate spheres of criminal law and civil law are an ideal example of this, so let’s talk about how they differ, and what this means for the average citizen.
Contrasting the Consequences for Breaking the Law
How you’re punished for finding yourself on the wrong side of the law can vary greatly depending on whether it’s a criminal case or a civil one.
For criminal offenses, penalties may include jail time, fines, probation or community service. Jail sentences tend to be more severe than those imposed through civil court proceedings. That’s why it’s important to get an experienced lawyer on your side if you’re accused of a crime. The best option is an experienced local attorney, like the trustworthy criminal lawyers in Monmouth County.
While crimes come with bigger forfeits to put up with, civil law tends to take a different approach. Here, individuals may face financial damages if found guilty, as well as being subjected to other remedies ,such as an injunction ordering them to stop certain behavior, depending on the case.
While both systems involve violations that harm someone else’s rights in some way, they differ significantly when it comes to their punishments. The main thing to remember is that criminal liability carries much heavier consequences than those faced by violators of civil laws.
Coming to Terms with Burdens of Proof
The burden of proof is an essential element in any legal case. It’s a measure of how much evidence is needed to determine guilt, or innocence.
In criminal cases, the standard for guilt must be beyond a reasonable doubt, which means that all evidence presented must prove, without question, the defendant’s guilt.
You’ve probably heard about this in movies and TV shows, and it’s a pretty straightforward concept to grasp. This high level of proof is necessary, as it helps ensure innocent people are not wrongly convicted and punished. This applies to cases for everything from murder to fraud at the highest levels of power.
In civil law proceedings, however, the burden required for proving liability or fault is much lower. This is because the damages awarded may include financial losses, but rarely reach beyond this point.
As such, there does not need to be as strong evidence put forward by either side. All that’s required is enough proof to convince a judge or jury that one party should prevail over another.
In short, although both systems require a certain burden of proof, the standard for criminal cases is far higher than that expected in civil law, because there’s more at stake when punishments are being handed out.
Understanding Who Brings Charges in Each Type of Case
The last important difference between criminal and civil law worth discussing relates to the party who brings charges against the accused.
In a criminal case, it is typically a public prosecutor or attorney general that acts on behalf of society as they seek justice for any harm done. This could involve an individual, business or government agency.
In contrast with this, civil law allows private individuals or entities such as companies to bring claims against another person, or vice versa. This process can be initiated without state involvement, although in certain circumstances police officers may be part of the process, such as when dealing with domestic disputes.
Wrapping Up
Obviously there’s a lot more to criminal and civil law than we’ve discussed here, but hopefully you’ve now got an overarching sense of what’s involved in the two systems, and how they might impact your own life.
