Differences Between Criminal Cases and Civil Cases

Sep 18
15:59

2011

Andrea Avery

Andrea Avery

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This article differentiates criminal cases from civil cases. It gives examples of both cases and cites the differences between them.

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Criminal cases are just as common as civil ones. Many people do not know the differences between the two but there are many who have a vague idea about these. Attorneys for both like to specialize specifically in either of the two because the limitations and laws ruling both are quite different but the goal is basically the same.

Differences

Criminal cases are those that are considered crimes against the state or the nation as a whole. This means that offenses against the community or society as a whole being are included in them. Murder is one of these. In this situation (murder),Differences Between Criminal Cases and Civil Cases Articles the state prosecutes the defendant as a representative of each individual that lives there. It is the state who files the case in the court of law. In defense of the state, it will also assign an attorney for the defendant, citing protecting him as innocent until proven guilty beyond reasonable doubt, as the reason. In a civil case, it is the party who felt that he or she has been wronged who files the necessary paperwork and documentation to get the suit going.

Another big difference between civil and criminal cases is the mode of punishment for those who are found guilty. In the latter, which are usually suits in which two entities go against each other, the punishment focuses mainly on monetary damages as well as orders from the judge on something that the guilty party must or must not do. In the former, jail time is usually the punishment but monetary damages can also be included. These can be in the form of fines which may have accumulated during the trial or compensation for something. Between the two kinds of suits, the standard of proof is also highly different. Criminal cases have a more difficult standard because there has to be guilt beyond a reasonable doubt whereas in the civil one, there could only be a definite preponderance of the evidence. This phrase means that the judge can interpret the evidence in his own way with the help of the two lawyers representing both parties. This double standard is in place because the government has deemed crimes of a criminal nature as more severe and heinous than the others. This means that the punishment should be more severe as well.

Hearings are also different for both kinds of crimes. In criminal cases, there is almost always a jury as well as a presiding judge, whereas in the civil case, a jury is an unusual proceeding but not unheard of. A trial by jury can take a longer time since the jury, consisting of several numbers of people, may not agree with the verdict and can take some time to reach an agreement. When it is solely a judge presiding, the trial can be shorter since there is just one person who will consider the evidence and the arguments. It is wise to note that one crime can actually be tried as both. The result can also be different for both due to the standard of each.

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