In 2023, there were over 284,220 civil case filings and 40,681 civil appeals according to the United States Courts. In the same year criminal filings made it to 68,950 cases with 9,894 appeals. In the legal world, there’s normally two primary categories for cases. These are criminal and civil cases. Both of these play a large role when it comes to justice, but they’re for two different purposes. In this article, we’ll discuss the key differences between civil litigation and criminal litigation.
Definitions and Purpose
Civil Litigation
Civil litigation generally involves disputes which are between organizations, individuals and entities. The overall goal of civil litigation is to resolve disputes which aren’t related to crime, in the form of compensation, rather than overall punishment. Some examples of civil litigation includes:
- Personal injury claims
- Contract disputes
- Property disputes
- Matters involving family law
If you find you’re involved in a civil litigation lawsuit, it’s important to seek professional advice from a trained lawyer like Taurus Law or one that’s in your local area. By hiring a law firm who has experience in civil litigation you have the best chance for a positive outcome.
Criminal Litigation
Criminal litigation works on offenses which are against a person, state or society. With criminal litigation the objective is to work out whether the defendant has committed a crime and what penalties and outcome should be handed to them in regards to their crime. Crimes can range from:
- Assault
- DUI with death involved
- Murder
- Fraud
- Theft
- Break and enter
- And any other type of criminal offense
Criminal lawyers work to defend their clients trying to get the best outcome.
Parties Involved
Civil Litigation
The parties involved in civil litigation are generally a plaintiff and a defendant. Plaintiffs are individuals who start the lawsuit claiming that they’ve suffered or been wronged by the other party. The goal is usually to seek monetary compensation for damages.
Criminal Litigation
With criminal litigation, the state or government is the one who prosecutes the defendant. The defendant is the person who is said to have committed the crime. The severity of the criminal case will determine whether it will go to court faster. Murders are generally brought forward faster to ensure safety of those in the society.
Burden of Proof
Civil Litigation
In civil litigation the ‘burden of proof’ is lower than in criminal cases. Plaintiffs need to prove their case by bringing forth evidence which shows the defendant is responsible for the harm caused. It’s required that the plaintiff needs to show enough evidence so they’re claim is 50% or more true.
Criminal Litigation
The ‘burden of proof’ is much higher in criminal litigation, as the consequences can be severe. In this type of setting the prosecution needs to prove that the defendant is guilty beyond a reasonable doubt. The evidence that needs to be put forth, needs to be convincing enough that there’s no doubt in the jury or judge’s mind that the person did commit the crime.
Legal Representation
Civil Litigation
In civil litigation, the plaintiff and the defendant are able to choose a lawyer. While hiring a lawyer is not mandatory, it’s often advisable, especially in complex cases. This helps to ensure both sides understand the legal complexity of the case.
Criminal Litigation
In criminal litigation, the defendant has a constitutional right to legal representation. If they cannot afford an attorney, the court must provide one, known as a public defender. This is a fundamental right in many legal systems, as the stakes in criminal cases can involve incarceration or even life in prison in some cases.
Procedures and Trial
Civil Litigation
When the plaintiff files a complaint and the defendant responds this is when a civil litigation starts. The next stage involves both parties exchanging evidence related to the case. In many cases most civil litigation lawsuits are handled and settled out of court. Sometimes, these cases can be determined by the judge alone.
Criminal Litigation
Criminal litigation starts when an individual is charged with a crime. Law enforcement officers generally inform the defendant about the charges, and they may enter a plea with their lawyer. These trials are generally very formal and involve strict rules when it comes to evidence.
Criminal trials generally have a full jury to watch. In these cases the prosecutor presents evidence, and the defendant’s attorney may challenge the evidence, cross-examine witnesses, and present their defense. If the prosecution meets its burden of proof, the defendant is convicted and sentenced. If not, the defendant is acquitted.
Potential Outcomes
Civil Litigation
The primary outcomes in civil litigation are monetary compensation or relief equal to money compensation. The court may order the defendant to pay compensation to the plaintiff for losses incurred, such as medical bills, property damage, or emotional distress. Alternatively, the court may require specific performance (such as fulfilling a contract).
Criminal Litigation
In criminal litigation, the outcomes are typically severe if found guilty. If the defendant is found guilty, they may face incarceration, probation, community service, or fines. In more serious cases, such as murder, the defendant may face life imprisonment or even the death penalty. This is why it’s important to have a lawyer during these types of cases.
Appeal Process
Civil Litigation
In civil litigation both parties can appeal the court’s decision if they believe an error occurred during the trial. The court will then review the case to work out if there’s any mistakes but they won’t re-examine the evidence.
Criminal Litigation
In criminal cases, the defendant has the right to appeal a conviction or sentence. The courts will review if an error occurred based on evidence and what the jury has instructed. If the defendant is acquitted, then the defendant can’t be tried for the same crime twice.
Legal Protections for Defendants
Civil Litigation
Defendants within civil cases have less protection than those in criminal cases. Civil cases aren’t entitled to a public defender if they don’t have a lawyer. Without a lawyer, you run the risk of losing the case. They however have the right to present evidence and appeal if needed.
Criminal Litigation
Defendants in criminal litigation have a lot of protection put in place. Some of this includes:
- Protection against unreasonable searches and seizures (Fourth Amendment)
- The right to remain silent (Fifth Amendment in the U.S.)
- The right to a speedy trial
These protections are in place to safeguard individuals from wrongful convictions and ensure the fairness of the criminal justice process.
Endnote
With over 369 violent cases in every 100,000 being reported since 2022, it’s no wonder there’s two separate categories within the legal system. Understanding the difference between a criminal and civil litigation is important if you want to understand the legal system. If you’re the defendant in a civil or criminal case, always get a lawyer involved to ensure you have the best chance of a fair outcome.
Featured Image by Arek Socha from Pixabay
