Criminal Law versus Civil Law
Criminal law varies from civil law in terms of parties involved, conduct, punishment, the burden of proof, and the statute of limitation.
Parties
First, Criminal law and civil law differ on the parties involved. Civil law relates to the relationship between citizens, while the criminal law addresses the relationship between the government and the citizens (Erstad, 2018). Therefore, members of the public initiate civil law cases, unlike criminal law case where the government initiates.
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Conduct
Civil and criminal law differs ion how conduct is perceived and determined as a violation of the law. Criminal cases are determined based on the intent of the actor, while civil laws are governed by neglect (Erstad, 2018). For instance, a person consciously killing another would be charged as a criminal offense while a person neglecting to clear snow resulting in the fall and even death of one is a civil case.
Burden of Proof
In both laws, the accuser must meet the threshold of acceptable proof. However, criminal law demands a higher bar as compared to civil laws (Erstad, 2018). Evidence in criminal law must be beyond a reasonable doubt while those of civil law are expected to be clear and convincing or the use of the preponderance of evidence standard.
Statute of Limitation
Civil cases have a limited statute of limitation as compared to criminal cases. Even after a long time-lapse since the conduction of a crime, the court may demand evidence on the contrary from the defendant in serious cases such as murder, kidnapping, sexual assault, and major thefts (Erstad, 2018).
Punishment
Criminal law differs from civil law in the type penalty. Offenders of the criminal law are liable to incarceration or probation while that of civil law may be ordered to change behavior or receive a financial penalty ( Erstad, 2018 ).
Reference
Erstad, W. (2018). Civil Law vs. Criminal Law: Breaking Down the Differences . Retrieved from https://www.rasmussen.edu/degrees/justice-studies/blog/civil-law-versus-criminal-law/
