There are two kinds of actions judges hear – civil and criminal. These actions are not the same. Civil law and actions are geared toward dispute resolution while criminal law and actions are in place to regulate social conduct. They also vary as to the burden of proof, cause of action, parties involved, procedure and representation.
Burdens of Proof. In criminal cases, the accused is presumed innocent until proven guilty; he does not have to prove anything. The prosecutor has the burden of proving that the accused is guilty "beyond a reasonable doubt". The term "beyond a reasonable doubt" was first used by the U.S. Supreme Court in 1880, specifically in the case of Miles v. United States (103 U.S. 304): "The evidence upon which a jury is justified in returning a verdict of guilty must be sufficient to produce a conviction of guilt, to the exclusion of all reasonable doubt." Beyond reasonable doubt requires that there be moral certainty leading to no other conclusion that the accused is guilty. If there is a tinge of doubt as to whether the accused may or may not have committed the crime, then he cannot be convicted.
The Plaintiff has the burden of proof in civil cases, and the amount of proof required to hold the defendant liable is what is known as "preponderance of the evidence". Preponderance of evidence is a lower standard of proof, compared to proof “beyond reasonable doubt”. Black’s Law Dictionary defines preponderance of evidence as an evidence presented that is more convincing than the pre-existing evidence presented in court. In short, metaphorically, if the parties are to put their evidence on a scale and it tips in favor of a party, then judgment is rendered for that party.
Causes of Action. Civil cases pertain to civil matters, marriage, contracts, obligations, while criminal actions seek redress for a crime committed by an offender. A criminal is charged based on crimes defined in criminal law of the jurisdiction where it is filed.
Parties. In a civil case, you have the Plaintiff, or the person who files the suit against the Respondent (in some jurisdictions the Respondent is called the Defendant). Civil cases are called by the name of the Plaintiff vs. Defendant. On the other hand, the State or the federal government is a party in criminal cases, that is why you have the Prosecutor charging the defendant of a crime on behalf of the public, and that is why in most jurisdictions criminal cases are titled People of (Name of the State) vs. Defendant.
Penalties. In civil cases, the penalty is usually in the form of ordering a party to do or not to do something – pay a penalty, return the property, consider the contract null and void. In criminal cases, the accused may be imprisoned (with or without bail, depending on the crime), be ordered to pay fines, probation, and death penalty where applicable.
Procedure. Civil actions can be resolved without a trial. The judge may ask the parties to go through mediation or arbitration. Civil disputes can also be settled out of court. Judges sitting in civil cases will exert every effort to make the parties settle amicably; it relieves the parties of unwanted stress, and it also helps ease the dockets of the court. On the other hand, a criminal has a right to trial, especially if he pleads “not guilty” to the offense he is charged with. If he pleads guilty, the judge will give his sentence so that he may serve it accordingly.
Representation. In civil cases, parties may hire their own attorneys, but they may also represent themselves (also known as pro se). Pro se litigations are popular in situations where parties do not have the budget for lawyers’ fees which are known to be expensive. Parties are inclined to file pro se if the case is not highly contestable, small amounts are involved, and in cases involving family matters like divorce or child custody. In criminal cases, the accused has the right to counsel. If he cannot afford to have one, a lawyer will be assigned to defend him and to make sure that his statutory rights are protected.
Knowing the distinction is important because you have to be consistent when you file your case in court. You cannot file a civil suit and then assert in the body of your complaint criminal matters and expect the judge to convict the other party for a criminal offense. Filing an action in manner and mixing laws and procedures could result in the dismissal of your case.
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