From John Grisham’s best-selling novels and Law and Order on TV, to the more recent fad of true crime shows and podcasts, there is a fascination of how the media portrays the American legal system. Audiences are drawn to the drama, suspense and justice of the courtroom. We love to watch and listen as lawyers do what they do best: Defend the innocent and prosecute the guilty.
But how much do you really know about how law actually works? Whether you are interested in exploring a career in law or just curious about how our legal system works, it can be helpful to understand the nuances of the field.
One confusing topic is that of civil law versus criminal law. You’ve heard the terms used but do you really know how they differ?
We enlisted some legal experts to help. Keep reading to explore the similarities and distinctions between civil law and criminal law.
Civil law vs. criminal law: The basics
The main difference between civil and criminal law deals with who committed a wrong against whom. Robert Odell, a Hollywood employment lawyer, helps us break down the definitions of civil and criminal law based on the parties involved.
To put it simply, civil law deals with disputes between one entity and another. The guidelines for these disputes are outlined in official documents like the Business and Professions Code, the Health and Safety Code and other governmental rules and regulations. The cause of action in these cases can be initiated by private as well as public parties.
Criminal law, on the other hand, deals with an individual’s offenses against the state or federal government. It may sound literal—like someone assaulting a government official—but an offense against the state essentially means breaking a criminal law established by government.
“In simple terms, the difference between civil and criminal laws lies in the codes and statutes used in the practice of each,” Odell says. He goes on to explain that criminal law, which deals with offenses against the government—crimes like murder, theft, drunk driving—is guided by the penal code. Only the government can initiate the prosecution in criminal cases.
Civil law vs. criminal law: Conduct at issue
Since the rules or laws being violated vary between civil and criminal law, the specific conduct at issue also differs.
“The conduct at issue in criminal cases is generally more serious than civil cases and frequently involves intent,” says Peter Anderson, a Washington, D.C. civil litigation attorney. “Civil cases frequently involve negligent conduct.”
For example, a person intentionally killing another person is a criminal offense. A civil offense, on the other hand, often looks more like someone failing to follow city code and clear snow from a sidewalk which results in someone slipping and getting hurt. Failing to shovel in most cases doesn’t live up to the standard of a criminal act, but it is against the rules and gives the person harmed an avenue for seeking justice for damages.
Civil law vs. criminal law: Punishment
Another important distinction between civil and criminal law is the type of penalty paid for being found guilty. In a criminal case, if the individual charged with a crime loses the case, they’re likely facing incarceration or some type of probation. For civil cases, the resolution to a case doesn’t result in the “losing” party going to jail; often the judgement results in a financial penalty or an order to change behavior.
Civil suits are often also settled outside of the courtroom. This typically includes a substantial payment to the accuser in exchange for the suit being dropped, and the defendant admitting to no wrongdoing.
Civil law vs. criminal law: Burden of proof
Another significant distinction between civil and criminal cases is what it takes for a party to win a case. In either trial, the accuser must meet a burden of proof—essentially an obligation to prove or back up the claims being made. Criminal cases, and the serious penalties that can accompany them, require a higher bar to be met than civil cases. In criminal law, the standard is that the accused are guilty of committing a crime “beyond a reasonable doubt.”
For civil cases, the burden of proof is lower—usually based on the “preponderance of evidence” or “clear and convincing” standards. These different standards can seem a bit frustrating to those who aren’t familiar with them—you’ve likely heard of criminal cases where the evidence makes the accused seem like they’re probably guilty but they were not convicted. In these cases, criminal defense attorneys worked to poke holes in the credibility of the evidence and witnesses presented to create reasonable doubt among jurors.
Civil law vs. criminal law: Mindset
How an attorney approaches a case can also vary greatly in the two different fields, according to Braden Perry, a former federal enforcement attorney.
“The burden of proof, rules of evidence, litigation strategy and overall philosophy of a case is different between the two,” Perry explains.
He notes one of the biggest differences is the approach to negotiating a deal. Civil suits have much more flexibility in how they are resolved. He says negotiations in criminal law require you to think beyond the scope of a typical civil case; factors like potential incarceration and the rights of an individual after a plea agreement can make things complicated. Additionally, plea agreements in criminal cases aren’t just between the two parties involved, since judges can reject agreements for a variety of reasons.
“In criminal law, you are the mercy of the court, even in a plea deal, as opposed to a typical civil settlement that is ordinarily outside judicial review,” Perry says.
In civil cases, there’s much more latitude to find an acceptable solution for the parties involved—and that’s reflected in the number of cases that are actually resolved within court. Studies have shown over 90 percent of civil suits are settled and never even make it to trial.
Civil law vs. criminal law: Statute of limitations
There can also be significant differences in the amount of time in which a prosecutor or plaintiff has after an incident to press charges or bring a claim against a defendant. These rules are intended to protect defendants from unreasonable demands. Think of it this way—if someone accused you of a crime that occurred 20 years ago, would you be able to provide evidence to the contrary after that much time has passed?
Each state has their own set of guidelines for these, but it is worth noting that many serious crimes like murder, major theft, kidnapping or sexual assault may not have a statute of limitations.
Civil law and criminal law in the same case
In some instances, both a civil suit and a criminal case can stem from the same incident. Likely the most prominent example of this scenario is the OJ Simpson case—his criminal charges were dismissed, but the family of the victim was able to successfully sue him in civil court.
This may seem like an uneven application of justice, but remember the standards for burden of proof. A civil case doesn’t need to be as airtight as a criminal case to win a decision. So in this scenario, the jury in the criminal case thought there was at least some doubt about Simpson’s guilt, but in the civil case, a jury felt it met the standard of a preponderance of evidence.
Dive deep into law
As you can see, when comparing civil law versus criminal law, there are several important distinctions that impact a legal team’s approach. If you love learning about the intricacies of the legal system, you might want to consider playing a role in the courtroom yourself.
Learn more about the different options in our Visual Guide to Courthouse Jobs.