This article will cover the basics of criminal law, emphasizing what distinguishes it from civil law. I will explain why we have both systems of law and why they are fundamentally different. I will then explain how these differences affect how we approach criminal cases.
When a person commits a crime, he is violating the law. In a civil case, he is violating the terms of a contract. The difference between criminal and civil law is one of the most important distinctions any lawyer should understand.
Civil law is a system of legal codes and rules that govern contracts. Criminal law is a set of rules and procedures that govern the conduct of individuals who violate the law. The goal of civil law is to protect individuals who enter into contracts. The purpose of criminal law is to punish people who break the law.
Civil and criminal law differences can affect how your clients are treated when arrested. For example, a man accused of a DUI might be given a ticket instead of taken into custody. A man charged with murder, on the other hand, might be taken into custody. The difference between criminal and civil law is fundamental to law practice. Any lawyer should understand how civil law works, how criminal law works, and what the differences are.
Differences in Terms of Penalties
Understanding the difference between the penalties associated with criminal and civil cases is very important. Criminal penalties are generally much harsher than the penalties related to civil matters.
Penalties associated with criminal law include:
- Jail time
- Fines
- Probation
- Restitution
- Community service
- Community corrections
- Public service
- Probation revocation
Civil penalties include:
- Monetary compensation
- Court costs
- Attorneys’ fees
- Restitution
- Civil fines
- Restraining orders
- Suspended driver’s license
- Child custody
- Child support
- Divorce
- Parental rights
- Civil asset forfeiture
If you were to commit a crime, the penalty for the crime you committed would be determined by the severity of the crime. However, if you were to violate the terms of a contract, the penalty for the breach of the contract would be determined by the terms of the agreement.
In a civil case, the injured party can either go to court or settle the dispute out of court.
Definition and Explanation of Criminal Law
Criminal law is the system of laws and legal principles that prohibit certain acts by people and impose sanctions (or punishments) for their violation. Criminal law is also known as criminal justice. Criminal law includes both statutory and common law. Statutory law is enacted by legislatures and is created in response to public demand for enforcement. Statutes are codified laws that describe individuals’ conduct, punishments, and rights.
Common law, or judge-made law, is the body of rules and precedents that the court has developed over time. A common law rule is a general statement of principle or policy that has been recognized as correct by the courts. Some common law rules are created from statutes called statutory common law. The courts develop other common law rules on their own.
Criminal law differs from civil law in that criminal law deals with crimes, whereas civil law deals with private disputes. Most often, a civil dispute is resolved by a judge, an attorney, or a mediator. The process begins when someone files a complaint against another individual and ends when the court orders an individual to pay a sum of money to the other party.
On the other hand, criminal law is resolved by a jury of citizens. Because of the differences between civil and criminal law, a person accused of committing a crime has two rights: a right to a jury trial and a right to remain silent. A person charged with a crime may choose to have a judge decide his guilt, or he may choose to have a jury determine his guilt.
Consequences in Criminal Law
There are two types of consequences in criminal law: punitive and nonpunitive. Punitive results are those that serve as punishment for a criminal act. Nonpunitive values are not designed to punish the individual but to achieve a particular goal.
A simple example of a nonpunitive consequence would be a fine for not having your driver’s license. Punitive results include jail time, probation, and penalties. These are meant to be a deterrent to future criminal acts.
They are also meant to encourage an individual to change their behavior. Nonpunitive consequences include loss of driving privileges, loss of employment, loss of a professional license, or being required to attend anger management classes.
Key Differences Between Civil and Criminal Law
When a person commits a crime, he is violating the law. In a civil case, he is violating the terms of a contract. The difference between criminal and civil law is one of the most important distinctions any lawyer should understand.
Civil law is a system of legal codes and rules that govern contracts. Criminal law is a set of rules and procedures that govern the conduct of individuals who violate the law.
The key differences between the two are summarized below.
Criminal law
- The primary goal of criminal law is to protect society by punishing the offender.
- Criminal law applies to everyone.
- The state must prove its case beyond a reasonable doubt in a criminal case.
- In a criminal case, the defendant has a right to a lawyer and a jury trial.
- The punishment for a crime may be death, life imprisonment, or a combination of both.
Frequently Asked Questions Civil and Criminal Law
Q: If a person hasn’t committed a crime, why should he be punished?
A: Because we don’t know how they will behave. You have to punish them before they commit a crime.
Q: How is the law protecting the accused person’s rights?
A: When someone is accused of a crime, they have the right to a trial.
Top Myths About Civil and Criminal Law
- There are no fundamental differences between civil and criminal law.
- The purpose of criminal law is to protect society.
- A crime is a violation of the criminal law.
Conclusion
Both civil law and criminal law are laws that regulate people’s behavior. While civil law is mostly concerned with contract law, criminal law deals with the consequences of certain actions. Criminal law focuses on protecting society from those who break the law. Most crimes are considered misdemeanors or felonies. Felonies are punishable by more serious punishment.
