Civil vs. Criminal Cases

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Criminal and civil cases both involve disputes over the rights and responsibilities of the individuals involved. In a civil case, the issue usually involves money. In a criminal case, the defendant can be ordered to pay a fine or be sentenced to probation, jail, prison or death.

What Distinguishes A Civil Case from a Criminal Case?

The possibility of losing one’s freedom or life is what distinguishes criminal penalties from civil penalties. A defendant in a civil case is never imprisoned or executed. In a civil case, when the defendant is found liable, he must only reimburse the plaintiff for losses the defendant has caused. The notion of guilt and innocence applies only to a criminal case, where liable or not liable are terms used in a civil case.

In a civil case , a private party, for example an individual or a corporation, files a lawsuit and becomes the plaintiff. In a criminal case, the litigation is filed by the government, who is referred to as the prosecution.

The possibility of the loss of one’s freedom is considered to be more serious than paying damages to a plaintiff. Therefore, criminal defendants have more rights and protections under the law than civil defendants.

How Does the Burden of Proof Differ?

In criminal cases, the burden of proof is always on the state, with the state having to prove the defendant is guilty. The defendant has to prove nothing, but is presumed innocent.

In civil cases, the burden of proof is on the plaintiff in most instances. Plaintiffs in civil cases need only show that a defendant is 51% or more responsible for the damages suffered.

The degree of proof required in most civil cases is referred to as the “preponderance of evidence”. In a criminal case the degree of proof required is referred to as being “beyond a reasonable doubt”.