The criminal procedure can be characterized as the adjudication process of criminal law. It is also the series of steps through which criminal investigations are performed and it results in the conviction or acquittal of the accused party. Today, the criminal justice system is a key element of a civilized society. Additionally, this is because the criminal justice system aids in protecting the public from harm and safeguards the fundamental rights of all people. There are several dimensions of the criminal justice system. This research is focused on providing a comparison and contrast of the criminal judicial process and civil judicial process, which are two major dimensions of the criminal justice system.
Part I
The event should be considered to be a civil wrong because it amounts to a wrongful act towards the affected party. In this case, the insurance company was unfair to overcharge the victim for the accident that occurred even though both he and the other driver had a plausible claim that pointed that both of them could have caused the accident. As such, the case can go through a civil court whereby the victim can claim damages from the wrongful charges that were subjected towards him by the insurance company. Moreover, in this case, it is evident that the insurance company had caused a tort and the analysis of the case through a civil court can determine whether the victim was justified to pay the high compensation to the insurance company.
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Part II
Criminal Judicial Process
In the criminal judicial process, the crime victim reports a crime subjected to him/her to the law enforcement agencies for an investigation (Walklate, 2013) . In addition, if an arrest is made after the investigations have been executed, the victim's prosecutor files charges and then pursues the prosecution of the arrested individual before a judge. In this case, a prosecution is filed by the appellant’s attorney if there is enough evidence to support the case. Additionally, in the criminal judicial process, the act that causes harm to the defendant is described as the crime. Ultimately, the penalties that are imposed on a defendant by the judge if he/she is found guilty can range from fines, community services, restitution, probation as well as incarceration/imprisonment.
Civil Judicial Process
Civil procedures consists a set of rules that govern the procedures through which courts pass judgments to cases. Unlike in criminal prosecutions, an appellant can file a civil lawsuit even if a criminal prosecution judge had acquitted a defendant. In this case, the civil justice system does not seek to ascertain whether a defendant was guilty or not. Instead, it is focused on determining whether a defendant was liable for any form of harm that was subjected to an appellant (Berg, 2014) . Moreover, unlike in the criminal prosecution process, the appellant hires his/her own attorneys and controls the major decisions of the case. For instance, the victim has the sole responsibility of accepting a settlement or going to a court trial.
Moreover, in the civil justice system, the act that caused the harm is referred as a tort. Also, in most cases, a person files a civil case if he/she would like to be compensated (mostly with money) for the harm that was subjected to him/her by the defendant's tort. Furthermore, the amount of evidence that is available in civil justice systems is referred as the burden of proof or the preponderance of the evidence. In addition, for the victim to win a civil case, his/her burden of proof must outweigh the counteracting evidence presented by the defendant. Nevertheless, civil lawsuits must be filed by the victim within a specified period of time after the harm has been perpetrated. Additionally, such period of time in which a victim should file a civil lawsuit is governed by the Statutes of Limitation.
Similarities and Differences
Both judicial processes result in the compensation of the appellant and punishment of the defendant. Moreover, both judicial processes are enforced by recognized statutes under the national constitution and they are focused on promoting the protection of the public from harm caused by other individuals or entities in the society. However, in the criminal judicial process, the harm subjected towards the victim is referred as the crime while in the civil judicial process the harm is referred as a tort. Moreover, a civil judicial process can take place even if a criminal judicial process had taken place, which is not possible vice-versa. Lastly, in criminal judicial processes, the defendant is incarcerated, fined, put in probation or restituted if found guilty while in the civil judicial process, the defendant is forced to compensate the appellant if found liable for the filed claim usually using the money.
Conclusion
In conclusion, the criminal judicial process and civil judicial process are two primary dimensions of the criminal justice systems. In the criminal judicial process, the crime victim reports a crime subjected to him/her to the law enforcement agencies for an investigation and if the defendant is found to have breached a law he/she is arrested and prosecuted by a judge. On the other hand, the civil justice system does not seek to ascertain whether a defendant was guilty or not. Instead, it is focused on determining whether a defendant was liable for any form of harm that was subjected to an appellant. In addition, both judicial processes result into the compensation of the appellant and punishment of the defendant and they are also enforced by recognized statutes under the national constitution. Nevertheless, in the criminal judicial process, the harm subjected towards the appellant is referred as the crime while in the civil judicial process the harm is referred as a tort. Ultimately, in the criminal justice system, the prosecution made by a judge if found guilty is the sentence to serve an incarceration period, fine, probation and taking community service.
References
Berg, P. V. (2014). Criminal Judicial Review: A Practitioner's Guide to Judicial Review in the Criminal Justice System and Related Areas. London: Bloomsbury Publishing.
Walklate, S. L. (2013). Gender, Crime, and Criminal Justice. New York: Routledge.
