Justice studies offer criminal law and civil law options. The two main branches of law are options with a very rewarding career. This paper looks at criminal law and civil law while drawing the differences between the two options. Additionally, the paper will provide examples of each option and how it works in the modern world.
Criminal Law
Criminal law is a branch of law that deals with cases that affect the entire society (Erstad, 2018). It is commonly known as the law of crimes and their punishments. The criminal laws are put in place by congress to control breach of conduct which seems harmful to society. In case an individual breaches the set criminal laws, then they face criminal prosecution by the state.
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These cases are heard in the magistrate's court or crown courts. Once an individual is prosecuted under criminal court, they receive a community order or a prison sentence. Criminal law cases have definitive proof that says evidence presented must be “beyond a reasonable doubt.” Therefore, any evidence under the criminal cases should be accurate and convincing for the judge to give a sentence. Some examples in criminal law include cases related to; sexual offenses, fraud, assault, burglary, murder, and manslaughter, among other cases.
Civil Law
Civil law is a branch of law that deals with disputes arising from one entity to another (Erstad, 2018). It focuses mostly on individual people where one person commits an office that proved harmful to others in terms of their rights or property. Some matters of civil law cases can be handled outside the court between the worrying parties. Examples of civil law cases include; negligence, trespassing, personal injury, contract breaches, and tribunals resulting from employment. The ruling is based on balancing probabilities regarding the worrying individuals.
What are the main differences between criminal and civil laws?
The main differences are in the approach regarding the cases presented for criminal law and civil law (Grand Canyon University,2019). Criminal law aims to punish the offender by preventing them from repeating the offense committed. In contrast, civil law aims to restore unfair situations and get the victim back to their right position. Criminal cases are brought into trial by the government, while individuals or organizations bring in civil cases.
Another difference is the burden of proof. The two have different standards. In criminal law, the defendant is sentenced when found guilty beyond a reasonable doubt. This means that it focuses deeply on the evidence presented in the criminal court. Thus, the state of government is tasked with proving that the criminal committed an offense. Civil law approach focuses on the plaintiff, who is tasked to prove that the offender was the reason for the problem. With this approach, the jury can rule out the liability of the offender rather than the guilty, as seen in the criminal case approach.
Lastly, the legal penalties are different in the two legal systems. During criminal cases, the judge will sentence a defendant found guilty by the bench or jury. Criminal law has established criminal law guidelines that the judge uses while sentencing the defendant. In the end, the judge has the option of incarceration, probation, or even fining the defendant depending on the evidence presented. In civil law, if the defendant is found liable for an accusation, then they are instructed to pay the damages in the form of money or property within a given time frame. Overall, the flexibility in civil laws makes the cases much easier to resolve. In contrast, the rigid system that requires proof beyond doubt makes the cases in criminal law tougher to handle. This explains why more cases regarding criminal law might take longer to get resolved.
References
Erstad, W. (2018). Civil law vs. criminal law: Breaking down the differences . Rasmussen University. https://www.rasmussen.edu/degrees/justice-studies/blog/civil-law-versus-criminal-law/
Grand Canyon University. (2019, September 17). 3 differences between civil law and criminal law . GCU. https://www.gcu.edu/blog/criminal-justice-government-and-public-administration/3-differences-between-civil-law-and
