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Civil versus Criminal Actions

Civil versus Criminal Actions

The legal system consists of two categories, criminal and civil cases. The two are distinct in terms of the party who commences the legal action, the outcome expected and the level of evidence or proof it demands to succeed. This paper explains the key distinctions between civil and criminal action.

Civil versus Criminal Actions
Civil versus Criminal Actions

Torts lead to civil procedures. A civil action is a legal action involving private individuals or entities where one party, the complainant, seeks compensation for particular damages or harm caused by the other party, the defendant.

In a criminal action, the state or government institutes legal action against a person or individuals to punish offences against offences done to the public. Crimes can be felonies or misdemeanors.

Goals and Objectives

A civil case arises when an individual, organisation or entity, known as complainant files a claim in court that another person or entity, called the defendant has caused damages, injury or other harm such as defamation that undermines the rights of the plaintiff. The complainant’s main objective, in this case, will be to seek financial compensation for the damages seeks a court order to halt the defendant’s actions that are attributable to the harm. The aim of this law is to redress wrongs by captivating compensation or restitution.

It may also be a means of seeking constitutional rights upheld. For instance, the school board may sue an industry disposing waste products near a school. The complainant, who is the school board, would sue the factory owners with the aim of seeking a court order to stop the action as well as compensation.

In a criminal action, a person or a group of individuals are accused of committing or crimes to the government. The defendant’s innocence or guilt is determined. The defendant may be acquitted or, if guilty, fined or imprisoned. The goals of a criminal action are to regulate the conduct of the citizens by proscribing what could be threatening or otherwise endangering property, health, and safety of majority people. The law punishes the offender to avoid committing similar crimes.

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Judicial Remedies and Outcomes

The litigants seek remedies and outcomes that involve settling the existing differences. There are three types of legal remedies here. First, there are monetary remedies where the jury or judge gives a fixed amount of damage. Secondly, there are declaratory remedies where the rights of litigants are stated. Last, there is injunction that gives a restraining order issued. In a civil trial, the proof relies on the side, which is more probable to be correct.

The plaintiff will expect the judge or jury to maintain that he has suffered damage to an extent in some way from the defendant. In this case, financial compensation will be determined. In some civil cases, a motion to dismiss may not be filed, or it is not granted. Litigants employ alternative resolutions such as mediation or arbitration.

The judicial remedy of a criminal case depends on the guilt of the accused. The outcome in criminal cases depends on this. If not guilty acquittal is given. The sentence if found guilty will depend on the crime, degree of the offence, isolating offenders from society and criminal code.

Commencement of the Lawsuits

A civil case commences when the plaintiff files a statement called complaint with a court of law. This contains the allegations with affidavit against the defendant. The defendant gives an answer to the complaint and the lawsuit is on. A criminal case commences by arrest mainly after an investigation by police. The accused has to be notified of the reason for the arrest. The arrest may be on the crime scene or after a length of time. The suspect then appears in court for arraignment.

Players Involved

Civil cases comprise private dissension between individuals or entities. The two parties, the plaintiff and the defendant are called litigants. The defendant in this litigation cannot be executed on losing but may only recompense the plaintiff for the losses or damages incurred. However, in tort law malicious or intentional damages may require punitive damages. In this action, the burden of proof initially lies on the plaintiff.

The complainant wins if the preponderance of the evidence is in his or her favour. The players involved in the criminal action are the criminal or suspect and the crown prosecutor alongside judges and witnesses. As a result, the state has to provide the proof for the accusation. The state must present proof that the defendant is guilty of all the legal elements of a crime to a 98-99 percent certainty. The prosecutor presents evidence against the accused. This role is absent in civil case.

OJ Simpson Scenario

The following scenario describes the same conduct being prosecuted as a crime and brought as a civil action. In 1994, OJ Simpson was tried for the murder of Ronald Goldman and Nicole Brown.  The case was a criminal trial that requires the jurors to present sufficient evidence. The defence team, however, countered the strong prosecution case by Los Angeles County. The jury was persuaded that the affidavit was doubtable relating to DNA evidence.

Proving that the murder emanated from Orenthal’s direct actions was difficult. Actusreus refers to the voluntary physical activity that would have led to the killing. Mensrea that refers to the intent is also a fundamental element of a criminal case. It was technically difficult for the jury to assess guilt or not. Besides, only part of the evidence such as DNA analysis, hair strands on one of the victim’s shirt and blooded gloves.

Defense team incriminated that hired Columbian hit men had committed the crime. At this point, the case against O.J Simpson was failing as a criminal trial since the burden of proof was too much. It was difficult to prove that only Simpson had the emotional urge and ability to criminal liability. The innocent verdict was given, therefore failing the criminal trial.

The victims’ families filed a civil case to seek compensation for damages resulting from the wrongful deaths. This case was easier to give proof. The families were multimillion-dollar recompense. This suit was effective unlike murder trial. The plaintiffs proved the defendant was responsible by a preponderance of the evidence. From this case, it seems easier for a complainant to win compensation than convicting of a criminal.

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Civil versus Criminal Actions

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