Criminal law vs civil law practice is an endless debate
If you consider the evolution of law, there was no distinction between civil and criminal practice and the code (refer to the code of Hammurabi, Manu and other ancient codes of different civilizations) of procedure was common for all acts of violation, be it civil or criminal in nature. It is said that laws are not made but discovered and the current legal system is nothing but the outcome of such discoveries made at different stages of legal evolution.
Criminal Law vs Civil law
The term malum per se means ‘wrong in itself’ and criminal acts are malum per se meaning they are against the moral values of the society and any act that is immoral in itself, and disharmonizes the social order is construed as criminal irrespective of the act finding a definition in the substantive or procedural law in vogue. In heinous crimes like rape and murder, which are malum per se, the remedy is always of penalizing nature such as imprisonment or fines. The intention of law is not just to punish the perpetrator but to prevent the occurrence of heinous crimes in the society. Thus criminal law differs from civil law in the very structure and function to be precise.
All civil acts are wrongful acts prohibited by law which manifest as disputes between individuals or entities per se. Civil laws are prohibitory in nature and hence termed ‘malum prohibitum,’ meaning, wrong due to being prohibited. Speeding up or road and violating parking violations are everyday instances of such manifestations.
Civil law emerged as solution to disagreements between individuals or entities arising without criminal liability. If the act is accompanied by criminal liability, then it triggers criminal prosecution alongside civil litigation. In a popular precedent, OJ was subject to prosecution (for murder) and litigation (causing wrongful death) and by the stale reality of law he was acquitted in the former but held liable in the latter.
Study criminal law vs civil law
Standard of Proof
The standard of proof in criminal prosecution has to be beyond reasonable doubt to be acceptable for the court; whereas civil law perception vests with the balance of probabilities. In civil law, it is for the plaintiff and in criminal law, the prosecutor to prove their allegations.
Hope the discussion on Criminal law vs civil law was helpful. Students of law should learn the difference between the two as one must clearly understand the laws on which they should rely while arguing a case.