-
Essay / Differences and Similarities Between Criminal Law and Civil Law
Every society needs order to function so that its citizens can leave a peaceful life. To maintain order in society and prevent chaos and uncertainty, we need criminal law. In order to ensure the proper functioning of society, laws have been passed that define certain acts or behaviors as prohibited offenses or whose violations may result in punishment for that behavior. In other words, criminal law deals with crime and the legal punishment of criminal offenses. Say no to plagiarism. Get a Custom Essay on “Why Violent Video Games Should Not Be Banned”?Get the Original EssayThe Purpose and Characteristics of Civil and Criminal LawsSince crime is conduct that goes beyond injury to the private parties and causes public harm to society as a whole, a criminal act is considered an offense against the state and society. In criminal cases, a state attorney, on behalf of the federal or state government, files the case against the accused. An individual cannot initiate criminal action against another individual. He can only report the crime. A criminal conviction may result in imprisonment or fines. On the other hand, civil law deals with the private rights of individuals. Civil suits are brought by the individual when their rights are violated (the plaintiff) or when there is a dispute between two parties. The goal of civil law is to compensate the victim for the wrongdoing and this usually results in the payment of financial penalties or damages to the victim. The goal of criminal law is to deter or punish serious wrongdoers. Criminal law deals with offenses against the state or society even if the direct victim is an individual. A person can be charged with a criminal offense if their behavior or actions are against the law and even if no one was injured as a result of their actions. The fundamental concept of criminal law is that the criminal act does not affect an individual but also society as a whole. The purpose of deterrence is not only to punish people for crime but also to discourage them from committing the same crime. In a criminal proceeding, the burden of proof or responsibility for the accused lies with the prosecution. Unless the prosecution proves the guilt of the accused, the accused is presumed innocent. Additionally, in a criminal case, the evidence must prove that the accused is guilty of the crime beyond a reasonable doubt, which is the highest standard of proof in a court of law. In a civil action, the burden of proof is less and falls on the plaintiff and the plaintiff must prove that it is more likely that the defendant was responsible or is responsible by a preponderance of the evidence. In some civil suits, the plaintiff may be required to prove by clear and convincing evidence. In criminal cases, when the defendant is found guilty, the judge must sentence him based on the guidelines established by the criminal law in force for that offense. . Within these guidelines, the judge has discretion. In civil law, when the defendant is found responsible for a wrongdoing, he or she is required to pay damages to the plaintiff or is ordered to do or not do something. Keep in mind: This is just a sample.Get a custom paper from our expert writers now.Get a Custom EssayEven though the handling of criminal and civil cases has significant differences, there are certain actions that can result in cases civil and criminal. By..