It can come as a surprise to many people that the law does not carry equal weight - breaking some laws invites more severe punishment than others. Lawyers recognize two kinds of law: (a) civil law, and (b) criminal law. Although professionals are well aware of their difference, the distinction is often lost on many people who have limited contact with the American legal system. In this post New York based corporate lawyer Hartley Bernstein sheds light on how the civil law is different from the criminal by highlighting two big differences:
Punishment
This is one of the fundamental distinctions - the idea of punishment.
Criminal law: In criminal law, a person who is found guilty can receive any of the following sentences: (a) long incarceration, (b) hefty fine, and (c ) execution. Felonies attract sentences of more than a year while misdemeanors can get a person a few months’ sentence.
Civil law: In civil law, a person who is found guilty is never executed or put into prison. He or she can avoid prison by paying a fine, or reimbursing the plaintiff his or her loss. Even the punitive damages awarded under the civil law do not come anywhere near the severity of the punishment permissible under criminal law.
Burden of Proof
This is another big distinction.
Criminal law: In criminal law, the state carries the burden of proof. It is the responsibility of the state to prove that a person is guilty. It is the state’s responsibility to prove provide evidence beyond a reasonable doubt that the defendant is guilty. Until then the person is assumed innocent. The accused person does not need to prove anything.
Civil law: In civil law, although the plaintiff has to prove the other person is guilty, in some circumstances the burden can shift to the defendant.
About Hartley Bernstein: Hartley Bernstein is a corporate and securities attorney and civil litigator with a specialty in business transactions and civil litigation.
Punishment
This is one of the fundamental distinctions - the idea of punishment.
Criminal law: In criminal law, a person who is found guilty can receive any of the following sentences: (a) long incarceration, (b) hefty fine, and (c ) execution. Felonies attract sentences of more than a year while misdemeanors can get a person a few months’ sentence.
Civil law: In civil law, a person who is found guilty is never executed or put into prison. He or she can avoid prison by paying a fine, or reimbursing the plaintiff his or her loss. Even the punitive damages awarded under the civil law do not come anywhere near the severity of the punishment permissible under criminal law.
Burden of Proof
This is another big distinction.
Criminal law: In criminal law, the state carries the burden of proof. It is the responsibility of the state to prove that a person is guilty. It is the state’s responsibility to prove provide evidence beyond a reasonable doubt that the defendant is guilty. Until then the person is assumed innocent. The accused person does not need to prove anything.
Civil law: In civil law, although the plaintiff has to prove the other person is guilty, in some circumstances the burden can shift to the defendant.
About Hartley Bernstein: Hartley Bernstein is a corporate and securities attorney and civil litigator with a specialty in business transactions and civil litigation.
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