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Essay / Differences Between Civil and Criminal Cases
Table of ContentsObjectivesProceduresObjective and ResultsConclusionReferencesCivil law and criminal law are two fundamental branches of the legal system, each serving distinct purposes and employing different procedures. Understanding the key differences between these two branches is essential for anyone navigating the legal landscape. This essay explains the difference between civil law and criminal law, encompassing their objectives, procedures, penalties, and burden of proof. Say no to plagiarism. Get a tailor-made essay on “Why Violent Video Games Should Not Be Banned”?Get the original essay Objectives Civil law primarily deals with disputes between individuals or entities, often concerning private rights, obligations, and responsibilities. It aims to resolve disputes between parties and provide remedies, usually in the form of compensation or equitable relief, to the injured party. Common examples of civil cases include contract disputes, family law matters (e.g., divorce and child custody), personal injury claims, and property disputes. Conversely, criminal law focuses on actions deemed harmful to society as a whole. This is the legal framework for prosecuting individuals or entities accused of committing crimes against the state or the public. Criminal cases pit the government (prosecution) against the accused (defendant). Crimes range from misdemeanors, such as petty theft, to misdemeanors, such as murder or armed robbery. The primary objective of criminal law is to punish offenders through sanctions such as fines, imprisonment, probation or community service, with the aim of preserving order and public safety. files a complaint against another party, the defendant. The plaintiff asserts a legal action and seeks specific relief or damages for the harm suffered. The burden of proof in civil cases generally falls on the plaintiff, who must demonstrate, by a preponderance of the evidence, that the defendant is responsible for the alleged wrongdoing. Civil cases go through various stages, including pre-trial negotiations, discovery (the collection and sharing of evidence), judicial and post-trial appeals. The standard of proof is lower in civil cases than in criminal cases, making it easier to establish liability. In civil cases, the defendant may be found liable and ordered to financially compensate the plaintiff or perform a specific action. In contrast, criminal proceedings are initiated by the government through a prosecutor, because the state represents the interests of society. The accused, or defendant, faces charges brought by the prosecution. Criminal cases go through a series of stages, including arrest, arraignment (formal reading of charges), bail hearings, plea bargaining, trial, and sentencing. The burden of proof in criminal cases is significantly higher than in civil cases. The prosecution must prove the defendant's guilt beyond a reasonable doubt, a stricter standard requiring a virtual certainty of guilt. If the prosecution fails to meet this standard, the accused is entitled to an acquittal. Criminal penalties can include fines, probation, incarceration, or, in some jurisdictions, the death penalty for the most serious crimes. Objective and results The objective of civil law is to resolve disputes and provide remedies to the parties, 29(4), 401-418.