Civil Cases Vs Criminal Cases

Both criminal and civil cases involve two parties that have concluded a disagreement cannot be resolved amongst themselves, and requires legal intervention. Civil cases are initiated when one party to a non-criminal action feels they have been wronged and are unable to reach an amicable resolution with the other party themselves. Criminal cases involve two parties also, but one of these parties is acting in representation of the government and the dispute involves a violation of a criminal statute. A major difference between criminal and civil cases is the burden of proof required to assign fault. Criminal cases require a belief beyond a reasonable doubt the defendant is guilty of the alleged action, where civil cases only require that plaintiff …show more content…
The purpose of the trial is to request the judge or jury to decide the outcome of a legal matter. There are two major differences between civil and criminal trials. The first, a civil trials outcome can be handed down from a judge unilaterally, without the need for a jury. But in criminal trials, the judge cannot unilaterally enter judgment, entering judgment is exclusively given to the jury. The second, is the burden of proof required to assign guilt. In civil case the plaintiff needs to show a civil wrong was committed, and that the preponderance of evidence shows the defendant is guilty of the issue in dispute. Basically this means, the plaintiff needs to prove it is more likely than not the defendant is guilty. Criminal cases require the jury to find the defendant guilty beyond all reasonable doubt. Beyond these differences the process’ are very similar. Both civil and criminal trials begin with jury selection. This gives both sides an opportunity to screen potentially biased jurors, and remove them from the jury. Both trials begin with opening statements, the presentation of evidence, calling of witnesses, closing statements, and concluding with jury deliberation and delivery of a verdict (P …show more content…
They both originate from a dispute between two parties, they both have pretrial procedures, they both have discovery processes, and they are both brought before a judge and jury. The major differences between them is the requirement for more stringent efforts to prove a violation occurred in criminal cases, the discovery requirements, and the burden of proof required to establish guilt. The reason for this, is if found guilty of a criminal matter certain rights are taken away from the guilty party. For example, their freedom when incarcerated, right to vote, right to possess firearm, and the social stigmas associated with being a convicted