Criminal Law and Civil Law
Similarities
Civil law and criminal law pertains to cases that must be presided over by a judge in court. In both cases, the judge will give a sentence or a court order which will direct the victim or the defendant on what they should do (Wills, 2017). Criminal laws and civil laws allow victims to appeal or challenge the ruling. For instance, if the punishment is too harsh, a defendant can appeal while in a civil case a person can challenge the verdict of the court. Both criminal laws and civil laws require a complainant or the prosecutor to show proof that the suspect or defendant committed the crime they are charged against (Ormerod & Laird, 2018). For instance, a prosecutor must gather evidence that a person involves in a murder case is actually responsible. On the other hand, in civil cases involving divorce, a woman may be required to demonstrate how the husband has not been responsible in fulfilling his duties.
Differences
Criminal law relates to offenses that affect society as a whole while civil law relates to offenses that affect individuals or organizations. Criminal laws are associated with strict punishment with the intention of maintaining order in society. On the other hand, civil law has less-strict punishment since the issues are easier to resolve (Wills, 2017). Criminal laws can be used to send someone to jail or order them to pay a reasonable fine while civil laws can only attract injunctions which include doing something or not doing something. For example, criminal law relates to issues such as theft, burglary, fraud, murder, sexual assault, battery, and trafficking drugs (Ormerod & Laird, 2018). Conversely, civil law is used to provide solutions to issues such as divorce, childcare arrangements, personal injury, breach of contract, or employment issues such as discrimination.
Criminal law requires a prosecutor who files a case against the suspect. For instance, a case of murder is considered an illegal act against the state and society as a whole. Therefore, it is the responsibility of the state to prosecute such a person who is causing disorder in society (Ormerod & Laird, 2018). An individual cannot file such a case on their own. On the other hand, cases of divorce are regarded as agreements between individuals (Wills, 2017). If parties disagree about the dissolution of marriage it is the complainant who will file the case against the defendant.
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Ormerod, D., & Laird, K. (2018). Criminal Law. Smith, Hogan, and Ormerod’s Criminal Law. Oxford University Press.
Wills, E. M. (2017). The roles of judges and of judge-made law in English common law and the civil law family of legal systems. Anglo-Ger. LJ, 3, 114.
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