The legal world has intricacies that are understandably difficult to navigate. One of the details that is widely misunderstood is the difference between the civil process and the criminal process. We aim to break down the process, including who the parties are, procedural steps, and outcome differences below:
Who and What Is Involved?
Civil cases involve a claim between individuals or organizations. The individual initiating the case is called the plaintiff and the party who is being sued is called the defendant. Civil cases include “tort” cases, which is the legal term that encompasses car wrecks, workers compensation, medical malpractice, property disputes, class actions, etc.
Criminal cases are brought by the State against a party who is charged with breaking the law. The attorney representing the State is called the solicitor or prosecutor.
Difference in Procedural Steps
The initiating document in a civil suit is called the Complaint and is filed by the plaintiff. The defendant then has the opportunity to respond in the form of an Answer. Both documents set out their sides of the story, with the defendant choosing to admit or deny the claims the plaintiff listed in the Complaint.
The initiating document in a criminal suit is called an indictment and describes the crimes the defendant is accused of committing. The defendant then chooses to plead guilty or not guilty, and if pleading not guilty he will go to trial.
Burden of Proof
In a civil case, the burden of proof rests on the party who has made an affirmative allegation against another. Unique to civil cases, the burden of proof may shift between parties based on who brings the claim or defense. That party must prove their case by a preponderance of the evidence, which is the lowest standard of proof, requiring that the party show their claim is “more likely than not” true. Think of a set of scales, the party with the burden of proof need only tip the scales ever so slightly in their favor in order to win their case.
In a criminal case, the defendant must be proven guilty beyond a reasonable doubt in order to be convicted. The burden of proof does not shift here like it could in a civil case; the prosecution always bears the burden of proving their case. Beyond a reasonable doubt is the highest standard of proof and requires the prosecution to prove the defendant’s guilt to a near-certainty. There is no burden of proof standard that requires an attorney to 100% prove something happened, the beyond a reasonable doubt standard is closest we get to that.
The Outcome
Civil cases determine if a defendant is liable or not liable, where a criminal case focuses on whether the defendant is guilty or not guilty. Penalties in civil cases are often monetary, meaning the “winning” party receives money compensation. Civil cases can also impose an injunction where the court will order the party to be required or forbidden from doing a particular act.
In criminal cases, the outcome involves jail time, probation, and/or fines paid to the government.
Although there are major differences between a civil suit and a criminal suit, they can happen simultaneously. For example, a driver causing injury while driving under the influence will face criminal charges against the State and may also face personal injury charges in a civil lawsuit. Here, the defendant can be both guilty for driving under the influence as well as liable for the medical expenses, bodily injury, and car repair inflicted upon the driver in the civil suit. He would be faced with two simultaneous lawsuits, one in criminal court and another in civil court, with potentially different outcomes in either one. He may be found not guilty for driving under the influence, but still held liable for the damage he caused to the other driver.
If you have questions about either civil law or criminal law, contact our office. We invite you to follow us on social media or visit our YouTube channel for more helpful legal tips. Henderson & Henderson also has a very help blog.
