Difference Between Civil and Criminal Actions Essay

Within the criminal justice system discuss the effectiveness of legal and non-legal measures in achieving justice.

There are two different ways to classify crimes in a court of law. One being criminal and the other civil. In this paper I will explain the difference between civil and criminal law and how these cases are handled.

The criminal justice system is a used to protect our society from those who try to harm it. Departments such as courts, and police officers study the behavior of criminals; they want our communities to be safe. When a crime is committed these departments work together to protect the rights of our society and our own. As stated in the textbook, a crime is the “Conduct in violation of the criminal laws of a state, the federal government, or a local jurisdiction for which there is no legally acceptable justification or excuse” (Schmalleger). Our system is a balanced system, there are times where have to think about our own rights as one person, but there are also times where we have to include other people. We must think of our society and

Type of Action: Criminal case, Victor and Sandoval filed an appeal, they both felt violated of Due Process Rights.

monetary that ranges from $2,000 to as high as $5,000 or $10,000. If your dispute exceeds your

be asserted by individuals and businesses alike, and are meant to create civil liability for

Or, if the case is being heard by a jury, the judge may direct the jury to rule in favor a declare a verdict for the respondent.

One of the areas in which the two differ is the question of whom is the crime a violation of? The criminal justice system believes that crimes are a violation against

that may lead to an arrest, prosecution, and imprisonment. (Schmalleger, 2010). Criminal law protects society from harm, punishes individuals who have broken the law, maintains social order, rehabilitates offenders, and deters criminal activity (Schmalleger, 2010). The sources of criminal law include the U.S. Constitution, the Bill of Rights, statutes, ordinances, and regulations.

In a civil court case, however, the defendant is not always entitled to a jury trial, and may be assigned to a trial by judge, which means that the officiating judge has the final say.

third party rather than allowing a court to decide for them. This would allow for both parties to

The purpose of civil law is to “deal with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim,” (“Civil Law vs Criminal Law.”, 2012). Civil law applies when there is a dispute between private parties, and the government is not involved. The lack of government involvement also leads to easier negotiations. Civil cases can be much more flexible since there is typically no law being broken and thus, no legal actions have to be taken. The less rigid civil law cases also generally allow them to be settled quickly and without controversy. According to the Bureau of Justice Statistics, more than half of general civil trials conclude in state courts, meaning they are able to reach an agreement and do not have to continue spending unnecessary time and money on the case (“Civil Justice.”, 2017).

An individual going to a lawyer to seek help in resolving an issue and seek monetary damages against someone they believe has done them wrong. The attorney conducts the interview and the staff will interview witness and perform legal research all in an effort to see if there is a basis for a cause of action that is legitimate against wrongdoers. This begins the relationship between client and lawyer which is solidified by the execution of a retainer agreement. In the retainer agreement there is an understanding of the way that a lawyer will be paid. The Lawyer will begin the process of informing the defendant of the complaint against them, and damages sought in the form of a demand letter. If the defendant chooses not to answer the demand letter it’s time to prepare for trial. The lawyer works on jurisdiction to find the correct court who can hear the case. When the determination for jurisdiction is set following will be venue selection. Venue allows for an impartial jury and focuses on the convenience of the defendant. During this time claims and motions can be filed such as Complaint, Answer, Counterclaim, Cross Claim, Motion to strike, and Motion to dismiss. After the reply or a dismissal motion has been filed the discovery process can begin. The Discovery consists of two forms: oral and written. Discovery that is oral include depositions and written discoveries include, interrogatories, request

In civil cases, you have a plaintiff typically claiming that another person or entity (the defendant) failed to carry out a required duty on the plaintiff’s behalf. Both the defendant and the plaintiff are referred to as litigants. An example of a civil law case can be an individual accused of failing to fulfill his or her contractual obligation to another party. Civil law deals with private rights and remedies by governing disputes between individuals, groups, and organizations.

In civil law, a lawsuit filed by a private party can be either from a single person, a company or even the federal government if the lawsuit claims that the Constitutional rights or federal statutes were violated. For example, individuals who utilize government-funded Medicaid for medical insurance during a hospital visit and the hospital over bills the government. By doing so they are violating a federal statute, and the government can file a civil lawsuit against the hospital. Additionally, the plaintiff is responsible for proving each element of their claim.” (Mallor, Barnes, Bowers, & Langvardt, 2012, p. 38) Furthermore, civil cases are typically overheard by a judge unless one or both parties specifically request a jury