What Are The Differences Between Civil and Criminal Cases?
Types of Law
Criminal Law and Trials
A person accused of a crime is generally charged in a formal accusation called an indictment (for felonies or serious
crimes) or information (for misdemeanors). Indictments are handed down from a Grand Jury which listens to limited
evidence from the case. The government, on behalf of the people of the United States, prosecutes the case through
the United States Attorney’s Office if the person is charged with a federal crime. A state’s attorney’s office
prosecutes state crimes.
Criminal cases involve enforcing public codes of behavior as embodied in the laws, with the government prosecuting
individuals or institutions. In a criminal case, the government brings charges against the person alleged to have
committed the crime. It is not the victim’s responsibility to bring a criminal case. In a kidnapping case, for instance,
the government would prosecute the kidnapper; the victim would not be a party to the action. In some criminal cases,
there may not be a specific victim. For example, state governments arrest and prosecute people accused of violation
laws against driving while intoxicated because society regards that as a serious offense that can result in harm to
others.
In Ohio two things are required for an act or omission to qualify as a criminal offense. First, the law must prohibit the
unlawful act or conduct, or there must be some failure to perform some duty required by law (actus reus – guilty act).
Second, at the time of the unlawful act, conduct, or omission, the person committing the offences must have a certain
guilty state of mind, or culpable mental state (mens rea – guilty mind). Depending on the specific crime with which an
offender is charged, it must be shown that they (1) acted in a reckless manner; or (2) acted with purpose or
knowledge; or (3) acted with criminal negligence.
Voir Dire
Process by which prospective jurors are questioned about their backgrounds and potential biases before being
chosen to sit on a jury is defined as voir dire.
Peremptory Challenge
The right to have a prospective juror dismissed from a jury without stating a reason is a peremptory challenge. During
voir dire-after all challenges for cause (removal of jurors) have been exhausted and the jury is tentatively completeeach party may exercise peremptory challenges, one at a time, and in turn. Peremptory challenges and distributed
as follows: misdemeanor cases have 3, felonies have 4 and capital cases have 6
Verdicts are rendered by Petit juries made of 12 jurors. Defendants in criminal trials can request a 3 judge panel
instead of a petit jury in Ohio. When a court determines that an individual isa guilty defendant they are punished by
either (1) incarceration in a jail or prison, (2) fine paid to the government, or, in exceptional cases, (3) execution of the
defendant: the death penalty. The sentence may be an order to pay a monetary penalty (a fine and/or restitution t
the victim), imprisonment, or supervision in the community, or some combination of these three things.
Crimes are divided into two broad classes: felonies have a maximum possible sentence of more than one year
incarceration; misdemeanors have a maximum possible sentence of less than one year incarceration.
Felony Punishments
Degree
Prison Time
Max Fine
1st
3-10 years
5 years parole
$20,000
2nd
2-8 years
3 years parole
$15,000
3rd
1-5 years
3 years parole
$10,000
4th
6-18 months
Max 3 yr. parole
$5,000
6-12 months
Max 3 yr parole
$2,500
5th
Misdemeanor Punishments
Degree Max Jail time Max Fine
1st
6 months
$1,000
2nd
90 days
$750
3rd
60 days
$500
4th
30 days
$250
5th
no jail
$150
In criminal litigation, the burden of proof is always on the state. The state must prove that the defendant is guilty. The
defendant is assumed to be innocent; the defendant needs to prove nothing. (There are exceptions. If the defendant
wishes to claim that he/she is insane, and therefore not guilty, the defendant bears the burden of proving his/her
insanity. Other exceptions include defendants who claim self-defense or duress.)
In criminal litigation, the state must prove that the defendant satisfied each element of the statutory definition of the
crime, and the defendant's participation, "beyond a reasonable doubt." It is difficult to put a valid numerical value on
the probability that a guilty person really committed the crime, but legal authorities who do assign a numerical value
generally say "at least 98% or 99%" certainty of guilt.
There can be a limit on the period of time when a case must begin within the state of Ohio. There is no limit for
murder and aggravated murder. The following cases must be brought to court within 20 years; manslaughter,
kidnapping, rape, sexual battery, unlawful sexual conduct with a minor, compelling prostitution, arson, robbery,
burglary, aggravated riot, felonious or aggravated assault of a peace officer, felonious assault or conspiracy or
attempt to commit any of the aforementioned offenses. All other cases must be brought within the court in 6 years.
Civil Law and Trials
A civil case begins when a person or entity (such as a corporation or government), called the plaintiff claims another
person or entity (the defendant) has failed to carry out a legal duty owed to the plaintiff. Both the plaintiff and the
defendant are also referred to as “parties” or litigants.” The plaintiff may ask the court to tell the defendant to fulfill the
duty, or provide compensation for the harm done, or both. Legal duties include respecting rights established under
the Constitution or under state or federal law. In general, a losing defendant in civil litigation only reimburses the
plaintiff for losses caused by the defendant's behavior.
Civil suits are brought in both state and federal courts. An example of a civil case in a state court would be if a citizen
(can include corporations) sued another citizen for not living up to a contract.
For example, if a coffee supplier enters a contract to sell a specific amount of coffee to a coffee shop at an agreedupon price and then fails to deliver the coffee, forcing the shop to buy elsewhere at a higher price, the coffee shop
might sue the supplier to pay the extra costs incurred because of the supplier’s failure to deliver; these costs are
called damages. However if these parties are from different states then the suit could be brought in federal court
under diversity jurisdiction if the amount in question exceeds the minimum required by statute ($75,000).
Individuals, corporations, and the federal government can also bring civil suits in federal court claiming violation of
federal statutes or constitutional rights. For example, the federal government can sue a hospital for overbilling
Medicare and Medicaid, a violation of a federal statute. An individual could sue a local police department for violation
of his or her constitutional rights – for example, the right to assemble peacefully.
Ohio uses a petit jury of 8 jurors in Ohio.
Negligence in these cases are based on Torts
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Legal duty owed one person to another
Defendant violated(or breached)a legal duty
Plaintiff suffered an injury or other loss
The defendant’s breach of duty directly and proximately caused the plaintiff’s loss
In civil litigation, the burden of proof is initially on the plaintiff. However, there are a number of technical situations in
which the burden shifts to the defendant. For example, when the plaintiff has made a prima facie case, the burden
shifts to the defendant to refute or rebut the plaintiff's evidence.
In civil litigation, the plaintiff wins if the preponderance of the evidence favors the plaintiff. For example, if the jury
believes that there is more than a 50% probability that the defendant was negligent in causing the plaintiff's injury, the
plaintiff wins. This is a very low standard, compared to criminal law. A few tort claims (e.g., fraud) require that plaintiff
prove his/her case at a level of "clear and convincing evidence", which is a standard higher than preponderance, but
less than "beyond a reasonable doubt."
Civil and Criminal Liability from the Same Event
Although criminal and civil cases are treated very differently, many people often fail to recognize that the same
conduct can result in both criminal and civil liability. Perhaps one of the most famous examples of this is the OJ
Simpson trial. The same conduct led to a murder trial (criminal) and a wrongful death trial (civil). In part because of
the different standards of proof, there was not enough evidence for a jury to decide that OJ Simpson was guilty
"beyond a reasonable doubt" in the criminal murder case. In the civil trial, however, the jury found enough evidence to
conclude that OJ Simpson wrongfully caused his wife's death by a "preponderance of the evidence ".
Statutory Law
Laws written by federal and state legislative authorities are known as statutes. The U.S. Constitution enacts those
statutes affecting the entire nation, while the Ohio General Assembly enacts Ohio’s statutes. City or village councils
enact local laws called ordinances. Federal laws are compiled in the United States Code. Ohio’s state statutes are
compiled in the Ohio Revised Code, and each individual city and village maintains a code of municipal ordinances.
Statutes set forth general propositions of law that courts apply to specific situations. A statute may forbid a certain
act, direct a certain act, make a declaration, or set forth governmental mechanisms to aid society. A statute begins
as a bill proposed or sponsored by a legislator. If the bill survives the legislative committee process and is approved
by both houses of the legislature, the bill becomes law when it is signed by the executive officer (the president on the
federal level or the governor on the state level). When a bill becomes law, the various provisions in the bill are called
statutes. The term statute signifies the elevation of a bill from legislative proposal to law. State and federal statutes
are compiled in statutory codes that group the statutes by subject.
Common Law
The U.S. is a common law country. In all states except Louisiana, which is based on Napoleonic code, the common
law of England was adopted as the general law of the state, or varied by statute. Common law is based on precedent
(judicial decisions made in earlier case law) instead of statutory laws. Common law changes over time. It is a law that
is not written into the statutes, but is commonly recognized as law.
Comparing and Contrasting Common Law with Statutory Law
Common Law
The law evolves with new decisions made
Statutory Law
New laws are issued by various
by judges in courts.
government agencies
Also known as
Case Law
Written Law
Origin
Precedent or judiciary
Government or Legislature
Creation of new laws
Administrative Law
The procedures created by administrative agencies (governmental bodies of the city, county, state or Federal
government) involving rules, regulations, applications, licenses, permits, available information, hearings, appeals and
decision-making. Federal agency procedures are governed by the Administrative Procedure Act, and many states
have adopted similar procedural formats either by law or regulation. It is important to consider two vital factors in
dealing with administrative agencies: 1) the rules and regulations are often special for each agency and are not
usually found in the statutes but in those regulations; 2) a member of the public must "exhaust his/her administrative
remedies" (take every step, including appeals) with the agency and its system before he/she can challenge the
administrative ruling with a lawsuit in court. There are exceptions (such as emergency or obvious futility) to
exhausting one's remedies, but those are rare. Administrative law can be a technical jungle, and many lawyers make
lots of money from knowing how to hack their way through it on behalf of their clients.