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Distinctions between criminal cases and civil cases

So, as legal systems develop, the different rules tend to fall into two main categories, criminal law and civil law, and the objectives of each, although closely connected, are different. Criminal law is concerned with conduct of which the state disapproves so strongly that it will punish the wrongdoer. It is felt that society cannot work if people are allowed to take the property of others at will; therefore theft is forbidden and thieves are punished to deter them, and others of a like mind, from repeating this conduct. It is not the objective of criminal law to compensate the victim, except perhaps incidentally.

Civil law has a complementary function. If a dispute arises between two individuals, each believing himself to be in the right, a quarrel may ensue and violence or other criminal conduct may result. To prevent this, rules of civil law were developed in order to determine which of the two parties was in the right. The party in the wrong was then obliged to make redress by compensating the other for any loss the wrongdoer might have caused. The object of the civil law therefore is to resolve disputes and give a remedy to the persons wronged, not to punish wrongdoers.

There are some other differences between criminal cases and civil cases. Professor Jacqueline Martin gives four distinctions between criminal cases and civil cases. These are:

· The cases take place in different courts.In general, criminal cases will be tried in either the Magistrates’ Court or the Crown Court, while civil cases are heard in the High Court or the County Court.

· The person starting the case is given a different name: in criminal cases they are referred to as the prosecutor, while in civil cases they are the claimant (pre-1999, the plaintiff). As already stated, the criminal case is taken on behalf of the State and there is a Crown Prosecution Service responsible for conducting cases.

· The terminology used is different. A defendant in a criminal case is found guilty or not guilty (an alternative way of putting it is to say the defendant is convicted or acquitted), whereas a defendant in a civil case is found liable or not liable. At the end of a criminal case those who are found guilty of breaking the law may be punished, while at the end of a civil case anyone found liable will be ordered to put right the matter as far as possible. This is usually done by an award of money in compensation, known as damages, though the court can make other orders such as an injunction to prevent similar actions in the future, or an order for specific performance where the defendant who broke a contract is ordered to complete that contract.

· The standard of proof is different.Criminal cases must be proved ‘beyond reasonable doubt’. This is a very high standard of proof, and is necessary since a conviction could result in a defendantserving a long prison sentence. Civil cases have only to be proved ‘on the balance of probabilities’, a lower standard in which the judge decides who is most likely to be right. This difference in the standard to which a case has to be proved means that even though a defendant in a criminal case has been acquitted, a civil case based on the same facts against that defendant can still be successful. Such situations are not very common.



It is important to note that the same series of events may sometimes give rise to both criminal and civil proceedings. For instance, it is common for a civil action to follow a successful criminal case, especially in road accident cases. A defendant may be found guilty of a driving offence, such as going through a red traffic light or driving without due care and attention; this is a criminal case. Anyone who was injured or had property damaged as a result of the incident could bring a civil actionto claimcompensation. The fact that the defendant had already been convicted ofa driving offence will make it easier to prove the civil case.


Date: 2016-01-14; view: 869


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