The contemporary society can be described as a multi-layered system that functions effectively due to the existence of multiple institutions regulating its development and cooperation between all individuals. The Justice system belongs to these fundamentals as it guarantees protection to people. Regarding the increased complexity of relations in the modern world, there are civil and criminal laws that exist to differentiate various cases and introduce appropriate punishments for lawbreakers not insulting their basic rights and preserving the chance to integrate with the society in the future. That is why it is critical to realize the differences between these two laws existing in the justice system.
Civil and criminal law are two separate entities that have certain regulations and appropriate punishments for various offenses. The first one deals with a set of behaviors or actions that injure an individual or another private party, organization, or corporation (Erstad, 2018). Such cases involve property damage, breach of contract, negligence, or malpractice (Legal Aid Society, n.d.). Criminal law presupposes the work with acts that are considered a threat or offense against the public, society, and the state, even if victims of the wrong behavior are individuals (Erstad, 2018). Murders, assaults, and thefts are investigated by criminal law.
Both civil lawsuits and criminal trials rest on the idea that all sorts of crimes should be proved to avoid injustice and other failures. However, there is a significant difference in the standards that comes from the severity of offenses and punishments provided for them.
Civil cases traditionally presuppose lower standards of proof, such as the preponderance of the evidence (Legal Aid Society, n.d.). It means that a court considers a crime using the idea that some act is more probable to occur in a certain way than not (Erstad, 2018). Regarding criminal law, all crimes should be proved using credible evidence and solid facts because of the existing presumption of innocence (Erstad, 2018). These differences impact the work, of course, significantly.
In criminal courts, the government is the main accuser. It files a case against a person for committing a crime who is called a defendant (Reid, 2016). During the process, the government must provide evidence proving that a defendant is guilty beyond a reasonable doubt (Legal Aid Society, n.d.).
If the guilt is proven, he/she will be provided with the punishment and imprisoned. Otherwise, in civil court, one party sues against another party because of the existence of a particular problem between them; organizations, business agencies, and companies can also become parties (Erstad, 2018). If an individual loses a civil case, he/she might be obliged to pay a fine or return a particular property (Legal Aid Society, n.d.). Civil law does not presuppose imprisonment.
Finally, there is a critical difference between capital and non-capital offenses that should be considered while speaking about courts. The capital offense is determined as a serious crime that can be provided with the death penalty as an appropriate punishment; usually, the term is applied to murders (Reid, 2016). At the same time, non-capital crimes presuppose less severe penalties because of their nature. Regarding the client’s case involving her son breaking the front window of the restaurant, it can be considered a non-capital offense that will not presuppose a lengthy punishment.
Altogether, there is a significant divergence between civil and criminal law as they deal with different cases resting on their severity. The suggested offense can be considered a non-capital one as the boy broke the window of the restaurant, which is not a serious crime. Regarding the information provided above, the restaurant may file a case against him, but only a fine will be considered an appropriate punishment for this incident.
References
Erstad, W. (2018). Civil law vs. criminal law: Breaking down the differences. Web.
Legal Aid Society of Northeastern New York. (n.d.). The differences between criminal court and civil court. Web.
Reid, S. (2016). Criminal law: The essentials (3rd ed.). New York, NY: Oxford University Press.