Comparing Criminal and Civil Court Systems

Criminal and Civil court systems

A number of differences exist between the criminal and civil court systems. In the criminal court system, the victim reports the crime to law enforcement who may investigate. If adequate evidence is found during investigation and an arrest is made, a prosecutor files charges against the defendant. The criminal court system considers the crime to be committed against the state rather than against the individual victim. In a criminal case, the prosecutor acts as the attorney for all the people of the state or jurisdiction. They control all key decisions of the case, such as whether to charge a defendant and what crime to charge, and whether to offer or accept a plea deal or go to trial. If the defendant

In a civil case, the victim usually hires a private attorney to determine if the offender is liable for the harm caused to the victim. The act that caused the harm is known as a “tort” in the civil court system. The victim controls all key decisions of the case, such as whether to accept settlement or go to trial. The victim of a civil lawsuit is seeking to be compensated for the harm caused, usually with money. The burden of proof is a “preponderance of evidence” which means that one side’s evidence must be more persuasive than the other. There are time limits on how long a victim has to file a civil lawsuit known as statutes of

Civil cases do allow juries in some instances, but many will be decided by a judge. A defendant in a civil case is not automatically given an attorney. They must pay for one, or else defend him or herself. In a criminal case, the defendant is entitled to an attorney. If he or she cannot afford one, the state must provide an attorney. A defendant in a criminal case is provided with a considerable amount of protections. For example, the protection against illegal searches and seizures under the fourth amendment. Many of these well known protections are not provided to a defendant in a civil