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Overview of
Civil and Criminal Laws
Q. WHAT IS THE DIFFERENCE BETWEEN CIVIL AND CRIMINAL LAWS?
A. In order to understand the difference between Civil and
Criminal Laws, we need to review how the laws are made and
who makes the laws and enforces those laws.
LEGISLATIVE BRANCH: Elected Officials:
Senators and Representatives
create and amend laws during the legislative session.
JUDICIAL BRANCH: Appointed and elected judges decide legal issues,
sentence criminals and manage trials.
EXECUTIVE BRANCH DEPARTMENTS AND AGENCIES:
Law enforcement apprehends and county attorneys prosecute criminal statute
violators. |
1. 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.
A. Law enforcement (police officer) apprehends the criminal.
B. The Prosecutor (County Attorney) must prove the alleged criminal’s guilt
to
a jury “Beyond A Reasonable Doubt” standard.
C. The alleged criminal hires an attorney or a public defender to defend his/her
rights.
D. A jury decides guilt or innocence.
E. A judge manages the trial and if the defendant is found guilty, sentences
the
criminal to jail/prison and sets the fine.
F. The Department of Corrections (Prison Administration) carries out the
punishment by incarcerating the individual in a prison or jail. |
2. CIVIL LAWS are created by the legislature in order
to protect the property
rights (including bodily injury) of citizens. A person who was injured
by a
drunk driver can sue that drunk in a civil case and under some circumstances
can sue the bar that served that drunk driver.
A. A victim (plaintiff) can hire an attorney to sue the person (defendant)
who
caused injury.
B. The defendant then hires an attorney to defend him/her.
C. 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.
D. 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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