Civil action refers to arguments, disputes, or misunderstandings between individuals, such as financial debt or a breach of a contract of an agreement. In contrast, crime refers to an offense committed against the state and the society in general ("Civil Cases vs. Criminal Cases: Key Differences - FindLaw," 2020). Civil action involves the committing of a tort. A tort is an act of injustice that affects an individual or their property. For instance, when murder is committed, this is considered a criminal act because it is an offense committed against the state. A wrongful action against the federal government is otherwise known as a crime. The whole society is a victim of this crime. A civil case's goal is to for the parties to reach an agreement and settle the plaintiff's complaints, while the purpose of a criminal case is to reprimand the defendant who is found guilty in most cases. An important objective is to make the plaintiff whole and return their initial state before the injury occurred in civil cases. There is often no fault in such cases, and the defendant's ability to pay is considered. There is always an element of guilt in criminal cases proceedings, and the defendant is given a punishment. Civil cases and criminal cases differ in remedies and outcomes in that the development of a civil case is compensation. In contrast, the outcome of a criminal case is punishment in the form of a sentence. Civil cases always result in monetary compensation to damages, an injunction order settlement, or a declaratory judgment ("Differences between Criminal and Civil Litigation Cases," 2020). Criminal cases are harder to prove, and they bear more significant consequences. These consequences may involve jail time, fines in the form of monetary compensation, or a combination of both. For some severe criminal cases, a heavier sentence is given, such as life imprisonment or death. A civil case is filed by the complaint, who is the plaintiff. The prosecutor is responsible for filing a criminal claim in the court of law, mainly because the initial victim, the deceased, cannot do the same. Sometimes there is no specific victim for criminal action, for example, in cases of kidnappings. Most civil actions do not require an attorney's representation because the parties involved might decide to settle their dispute through mediation and compensation. If an attorney is concerned, it would be for minimal hours. Defendants in civil actions are not entitled to an attorney by law, and if they do not wish to incur these extra costs, they have a choice of representing themselves in court. In a civil case, there is a specific victim, the plaintiff, while there is no particular victim in criminal cases. The plaintiff initiates the civil case, but the federal or state government forms a criminal case. A judge often solves civil issues, and they would not require a jury. On the other hand, a criminal case defendant must have an attorney. He/she can choose a private attorney of their choice, and if they are unable to incur the cost, a public attorney is provided to represent them. Criminal cases require trial by a jury. Sometimes an offense can fall in both categories of civil claims and criminal action. Take the example of the famous Oj Simpson's case, which was a conduct that led to a criminal trial based on the murder charges and a civil trial based on the claim of wrongful death("Civil Cases vs. Criminal Cases: Key Differences - FindLaw," 2020). In the civil trial, the jury concluded that Oj Simpson had played a role in his ex-wife Nicole Brown Simpson's and Ron Goldman's death by proving through analysis that more than fifty percent of the evidence provided for this claim was accurate. However, in the criminal case trial, the jury lacked enough evidence to prove that Oj Simpson was guilty of the murder charges. In the civil trial, the jury concluded that the two murder cases' families would be given monetary compensation. Criminal activities often have two major elements. The first is the mens rea, and the second is the actus reus. The mens rea refers to the state of having a guilty mind; this means that it inappropriate for a person to be convicted for causing harm innocently. The actus reus refers to the guilty act; this defines the apparent action to further a crime ("Criminal Law - Elements Of A Crime: Mens Rea And Actus Reus," 2020). For a successful criminal act, the two elements must act simultaneously. Society, however, chooses to punish criminal acts, not criminal thoughts. The Oj Simpson's case consisted of the mens rea element. The suit lacked the actus rea, which is why the defendant was found not guilty in the criminal case. Oj Simpson's case lacked enough evidence to show his guilty act. The only provable fact is that Oj Simpson unintentionally caused his two victims' death, hence, the mens rea crime element. Mala in se crimes refer to offenses that society considers unacceptable and morally wrong. Simultaneously, mala prohibita cases consist of crimes committed to contradicting a given law but are not considered ethically wrong (Dimock, S. 2016). Mala in se refers to crimes such as theft, kidnapping, and arson. Mala prohibita consists of offenses such as defying hunting restrictions, littering, defying the seatbelt law, and building without a permit. The crime that Oj Simpson was accused of is a mala in se crime. Oj Simpson was charged with murder in his criminal case, and this is a crime that is considered morally wrong and unacceptable to society.
References
Civil Cases vs. Criminal Cases: Key Differences - FindLaw. (2020). Retrieved 22 September 2020, from https://litigation.findlaw.com/filing-a-lawsuit/civil-cases-vs-criminal-cases-key-differences .
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Criminal Law - Elements Of A Crime: Mens Rea And Actus Reus. (2020). Retrieved 22 September 2020, from https://law.jrank.org/pages/22506/Criminal-Law-Elements-Crime-Mens-Rea-Actus-Reus.html .
Differences between Criminal and Civil Litigation Cases. (2020). Retrieved 22 September 2020, from https://www.lawfirms.com/resources/lawsuits-and-disputes/litigation/differences-between-criminal-and-civil-litigation.htm.
Dimock, S. (2016). The Malum prohibitum—Malum in se Distinction and the Wrongfulness Constraint on Criminalization. Dialogue: Canadian Philosophical Review , 55 (1), 9-32.
