Difference Between Criminal Law and Civil Law
The law is the body of law that governs conduct, with its exact definition having been a matter of long standing debate. Generally, it is defined as an area of public concern, founded on the moral, social, and legal rights of citizens. It is frequently differentially applied in a wide variety of settings. It is also a body of law which is not considered to be incorporated within any one area. Thus the law has variously been defined as the art and science of law and judicial procedure.
Law is governed by laws that have been enacted by both the legislative body and the courts. The legislature can either pass laws themselves or appoint certain officials (including judges) to write and pass these laws. Judicial proceedings before the courts involve the argument of law and fact. The decision of the court is limited to certain facts underlying that fact and the applicable law.
There are two major categories of laws: civil and criminal. Civil laws are those that affect a person’s civil status in society such as marriage, divorce, borrowing, lending, property ownership, procreation, death, birth, and many other areas. Criminal laws, on the other hand, deal with offenses that occur on a state or federal level such as terrorism, theft, fraud, violence, child abuse, and murder. Criminal defense attorney will work closely with the state government prosecutor to present the state’s case against the defendant. While all laws are written differently, there are a few general principles of criminal law that govern most proceedings within the judicial system.
Criminal law can be divided into two main sub-groups: crimes against property and crimes against people. Crime against property is a bodily damage, organ damage, such as a theft, that is deliberately intended to interfere with the functioning of another person’s property. Most crimes against property are punished by imprisonment. However, some types of property crime do not require an additional punishment after the commission of the crime, like forgery. Criminal laws also cover other forms of law enforcement including customs law, regulation of business, intellectual property law, and numerous others.
Criminal law differs from civil law in several ways. The first difference is the burden of proof, or responsibility to prove guilt beyond a reasonable doubt. Because criminal law is prosecuted in a court of law, the accused has almost no ability to defend against the charges.
Another important distinction between criminal and civil law is that in a criminal case, the punishment can be more severe than in a civil case. In criminal law, the punishment can include jail time, fines, loss of professional licenses, and death. In civil law, damages only require monetary compensation. The punishment can also include rehabilitation, which teaches criminals how to live peacefully in communities. In some cases, a person’s rights may be restored after the punishment has been imposed.
Criminal law also requires juries in order to provide justice. Jurors in criminal cases must be selected through a process called “juries,” in which each person who is interested in the case makes a personal plea of “not guilty” to a judge in the district court, who then determines the guilt of each defendant. In some cases, the jury must determine the innocence or guilt of the defendant, and then they must be able to decide. This process also provides the basis for “innocent until proven guilty” statutes.
Criminal law courts also handle some very serious offenses, such as murder, rape, murder, arson, drug trafficking, racketeering, embezzlement, and burglary. These offenses require extremely persuasive evidence in order to prove a defendant’s guilt. Criminal law courts are much more difficult to defend in compared to civil law courts, and juries are also harder to select. This is why criminal defense attorneys are usually a very specialized field.