Civil law and criminal law have several differences, most notably in the concept of punishment. In criminal law, punishment can include incarceration, fines paid to the government, or, in rare cases, the death penalty. In civil law, however, the defendant is never incarcerated or executed; rather, they are required to reimburse the plaintiff for any losses they incurred due to the defendant’s actions.
Key Takeaways
- The notion of punishment and the methods of punishment are different in civil law and criminal law.
- Crimes are divided into felonies and misdemeanors, while civil wrongs may involve malicious intent, gross negligence, or willful disregard for others’ rights.
- The burden of proof is initially on the state in criminal litigation and on the plaintiff in civil litigation, though it may shift in civil cases if the plaintiff makes a prima facie case.
Criminal litigation is typically more dangerous than civil litigation, resulting in criminal defendants having more rights and protections than civil defendants. Monetary fines can be so severe that some defendants would prefer a year in jail over paying a substantial amount from their personal assets.
The burden of proof differs between civil and criminal litigation. In criminal cases, the state must prove the defendant’s guilt, while in civil cases, the plaintiff must prove the defendant’s guilt. The burden of proof may shift in civil litigation if the plaintiff has made a prima facie case.
In criminal law, the defendant is assumed innocent and does not need to prove anything, while in civil litigation, the defendant must refute the plaintiff’s evidence against them. A plaintiff wins the litigation if their evidence against the defendant is proven or accepted as favoring the plaintiff.
