civil and criminal laws explained
Courts are the cornerstones of the justice system in any country. It is important for the courts in a country to be impartial and strict, so that those in power do not exploit the judicial system. A broad classification of the courts can be made by distinguishing them into civil and criminal courts. If you are comparing criminal law vs civil law, the first thing that you will notice is that there are two courts where cases based on these two legal systems are tried; criminal and civil courts. More information regarding these two laws and courts is given in detail below.
Different types of cases
The types of cases that are tried in civil courts and criminal courts are different from each other. Civil courts take care of such cases as are related to disputes within families, juvenile cases, disagreements in housing contracts, small claims cases, and probate cases. As the name suggests, the cases that are tried in criminal courts are criminal cases. These include drug related crimes, crimes involving gangsters, organized crimes, public order offenses, terrorism, etc.
Role of plaintiffs and prosecutors
The cases that reach the civil courts are usually those filed by plaintiffs who are the victim/s in an incident caused by the defendant. If a crime is committed by a person, it is up to the prosecutor to decide whether he or she should move forward with the case, irrespective of the decision of the injured party.
Punishments received
Comparing civil and criminal laws
The punishments that are given out by a civil court can range from small scale fines to large punitive damages. Civil courts never incarcerate a defendant. However, in the case of criminal courts, they have the authority to send a defendant to prison along with other punishments such as fines, and even a death penalty.
Proving a case
The burden of proving a case that has been filed in a civil court does not fall on the plaintiffs. The civil courts have the authority to punish a person if there is enough evidence linking the defendant to the crime. Whereas in a criminal court, the defendant can only be convicted if there is enough evidence to prove that the defendant is guilty beyond a reasonable doubt.
These criminal law vs civil law debates can go on for a while as there are many points to discuss. Make sure that you understand about these laws and courts.