In the simplest form, criminal law is defined as the law of crimes and their punishments while civil law is defined as the law of private and civil rights. Criminal law is focuses on legal punishment emanating from criminal activities or offenses. Examples of criminal offenses include robbery, murder, assault, sexual offenses and fraud. On the other hand, civil law deals with conflicts and disputes between two parties such as individuals or organizations. Unlike criminal cases where legal punishment is administered, civil cases mostly end in compensation. For example, if a couple divorces, one partner can file a civil case seeking compensation or division of property. According to Cheh (1991) the separation between civil and criminal cases is incomplete and imperfect. Therefore, the definitions and descriptions provided in this case are not absolute. Furthermore, a case can have both criminal and civil elements hence requiring a unique approach to be solved.
The two can be differentiated based on the purpose of each. According to Coffee (1992) although both civil and criminal law seeks to deter wrongdoing through punishment, the approach is different. In civil law, the punishment is paid through compensation. In criminal law, the punishment may range from a short jail term to capital punishment in some jurisdictions. Coffee (1992) notes that the enforcement of deterrence in civil and criminal law is different based on the type of norm used. There is leniency in civil law while criminal cases do not admit any element of leniency that may affect the result of due process.
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A case commences in civil law when a person feels offended by the other. For example, a person failing to meet a given financial obligation as agreed in a contract may be sued using civil law. The case is filed by a plaintiff or the offended person. The burden of proof therefore lies with the plaintiff. It is upon the plaintiff through his legal team to convince the court that in deed the compensation requested should be done. The way justice is administered is also different. In civil law, the plaintiff simply requests the government to intervene since he may not manage getting justice on his own. For example, if a tenant breaks the tenancy agreement, the landlord can seek compensation through court by invoking civil law guidelines. In criminal law, the case is commenced or filed by the government. The defendant is arguing the case against the state. The state has its own prosecutor representing it and ensuring that all pieces of evidence are tied together and presented in court. The defendant is the suspect. The role of the offended person un criminal law is to report a crime. After that, the government through the right agencies determines whether a criminal case can be filed.
The burden of proof in criminal law lies with the government or the state. In criminal law, the standard of proof is beyond reasonable doubt. This means that the jury has to be 99% and above sure that the defendant committed a crime to issue a decision. On the contrary the standard of proof in civil law is on a balance 50%. The party that argues the case better than the other is awarded victory. According to Cheh (1991) the distinction may be different between states. For example, some states use civil law techniques when determining cases involving drug trafficking, domestic violence, racial harassment and possession of weapons. Therefore, while the distinctions are provided in this section are generally accepted, it is upon the court to check the issues involved in a given case to determine whether civil or criminal law should be used.
References
Cheh, M. M. (1991). Constitutional limits on using civil remedies to achieve criminal law objectives: Understanding and transcending the criminal-civil law distinction. Hastings Law Journal, 42, 1325-1413. https://repository.uchastings.edu/cgi/viewcontent.cgi?article=3041&context=hastings_law_journal
Coffee, J. C. (1992). Paradigms lost: The blurring of the criminal and civil law models – And what can be done about it. The Yale Law Journal, 101, 1875-1893. https://scholarship.law.columbia.edu/cgi/viewcontent.cgi?article=1240&context=faculty_scholarship
