How Criminal Laws and Civil Laws Work

Q.  How Does The Criminal Law System Work?

A. Criminal Laws are created by the legislature to prevent and discourage citizens from committing criminal acts. The legislature has passed several laws to punish citizens who injure others while driving intoxicated. The following demonstrates the steps covered in criminal law enforcement: 

1. Law enforcement (police officer) apprehends the criminal.
2. The Prosecutor (County Attorney) must prove the alleged criminal’s guilt to a jury “Beyond A Reasonable Doubt” standard.
3. The alleged criminal hires an attorney or a public defender to defend his/her rights.
4. A jury decides guilt or innocence ‘Beyond a reasonable doubt.
5. A judge manages the trial and if the defendant is found guilty, sentences the criminal to jail/prison and sets the fine.
6. The Department of Corrections (Prison Administration) carries out the punishment by incarcerating the individual in a prison or jail for the length of the term.

Q.        How Does The Civil Law System Work?

A. Civil Laws are also created by the legislature in order to protect the property rights (including bodily injury) of it's citizens. For instance, a person who was injured by a drunk driver can sue that drunk in a civil case and under some circumstances can also sue the bar that illegally served that drunk.

1. A victim (plaintiff) can hire a trial attorney to sue the person who caused their harm (defendant). The Plaintiff's attorney must prove up the case "by a preponderance of the evidence."
2. The defendant then hires an attorney to defend him/her. If the defendant has insurance, the insurance company will hire an attorney to represent him/her.
3. Judge/Jury. A judge or a jury will hear the civil case and will decide by a "preponderance of the evidence" if the defendant was at fault, and if so, how much money the defendant will be required to pay to the victim.
4. Money Damages Only. In a civil case money damages are the only penalty. Jail and prison are NOT an option in a civil case.

 

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