Civil Lawbreakers: Criminal Or Not?

Criminal law and civil law are two distinct bodies of law that serve different purposes and address different types of wrongdoing. While criminal law deals with behaviour that is considered an offence against the public, society, or the state, civil law pertains to behaviour that results in harm or injury to an individual or private entity. It's important to understand the differences between these legal frameworks, including how cases are initiated, decided, and penalised, as well as the standards of proof required. So, when it comes to the question of whether breaking civil law makes one a criminal, it's essential to recognise that civil law violations typically lead to civil suits and financial penalties, rather than criminal charges and imprisonment.

Criminal law vs civil law: Who files a case?

Criminal law and civil law are two distinct legal concepts that address different types of wrongdoings and disputes. So, who files a case under these two legal frameworks? Let's delve into the details and explore the differences between criminal and civil law in terms of who initiates legal action.

Criminal Law:

In a criminal proceeding, the government plays a pivotal role in filing charges and prosecuting the case. Specifically, a state attorney, often referred to as a district attorney or prosecutor, is responsible for initiating a criminal case. They receive the initial complaint from the victim and gather evidence to determine whether there is sufficient grounds to proceed with criminal charges. The prosecutor represents the state's interests and files the case in court, accusing the defendant of violating criminal laws. The prosecutor's role is to prove the defendant's guilt beyond a reasonable doubt, and they have the burden of meeting this high standard of proof.

Civil Law:

On the other hand, civil cases are often initiated by private individuals or entities known as plaintiffs. In civil law, disputes typically arise between two parties regarding their legal duties, rights, contracts, torts, or property damages. The plaintiff files a lawsuit in their own name and on their own behalf, seeking compensation or redress for the harm caused. The plaintiff has the burden of proof in a civil case, but the standard of proof is lower than in criminal cases, often requiring only a preponderance of the evidence.

Key Differences:

One of the critical distinctions between criminal and civil law lies in who files the case. Criminal cases are prosecuted by state representatives, whereas civil cases are initiated by private parties involved in the dispute. Additionally, the nature of the offences differs, with criminal cases concerning violations harmful to society as a whole, and civil cases focusing on disputes between individuals or entities. The consequences also vary, with criminal cases potentially resulting in jail time and monetary fines, while civil cases generally lead to monetary damages or injunctions.

What constitutes a criminal offence?

A criminal offence is an action that is punishable under the law. Criminal acts can be divided into five primary categories: crimes against a person, crimes against property, inchoate crimes, statutory crimes, and financial crimes. Each of these categories encompasses a range of specific offences that are considered criminal in nature.

Crimes against a person refer to acts that result in physical or mental harm to another individual. This includes violent crimes such as rape, statutory rape, and other forms of homicide and assault. These crimes often carry steep penalties due to the severe nature of the harm inflicted.

Crimes against property typically involve interference with another party's property, resulting in deprivation of its use or enjoyment. Theft crimes such as burglary, larceny, robbery, auto theft, and shoplifting fall under this category. While these crimes may sometimes involve physical or mental harm, the primary impact is on the owner's ability to use or access their property.

Inchoate crimes are those that were initiated but not completed, as well as acts that assist in the commission of another crime. Examples include aiding and abetting, conspiracy, and attempt. In order to be found guilty of an inchoate crime, an individual must take a "substantial step" towards the completion of the crime, indicating a clear intention to carry it out.

Statutory crimes are proscribed by statute and include alcohol-related crimes, drug crimes, traffic offences, and financial/white-collar crimes. These crimes are specifically prohibited by law to deter individuals from engaging in them. For example, alcohol-related crimes regulate how and where alcohol can be consumed, while drug crimes address the creation, distribution, and possession of illicit substances.

Financial crimes often involve deception or fraud for financial gain. White-collar crimes, which can be committed by anyone in any industry, include fraud, embezzlement, money laundering, tax evasion, and cybercrime. These crimes typically involve the misuse of funds or information for personal financial benefit.

It is important to note that the specific definitions and penalties for criminal offences may vary across different legal systems and jurisdictions.

Civil law: What constitutes an injury to an individual?

In civil law, personal injury is a legal term for an injury to the body, mind, or emotions, as opposed to an injury to property. Personal injury lawsuits are filed against the person or entity that caused the harm through negligence, gross negligence, reckless conduct, or intentional misconduct, and in some cases, on the basis of strict liability.

Personal injury claims can arise from harm done to the body, such as automobile accidents, or product defect accidents. They can also arise from non-bodily harm, such as false detention, arrest, or imprisonment, malicious prosecution, or intentional infliction of emotional distress.

There are three grounds on which personal injury claims can be brought: negligence, strict liability, and intentional wrongs. Negligence is the most common basis for personal injury claims. It stems from an individual's failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. For example, a driver who has had too much alcohol and gets behind the wheel of a car because of the significant risk of causing an accident.

Strict liability holds a defendant liable for committing an action, regardless of their intent or mental state when committing the action. For example, if an injury occurs as a result of a defect in a product, the manufacturer is responsible for that injury even though they did not act negligently or intend for their product to cause harm.

Intentional wrongs result from an intentional act of the defendant. Common intentional torts are battery, assault, false imprisonment, trespass to land, trespass to chattels, and intentional infliction of emotional distress.

In most personal injury cases, a plaintiff may recover economic and non-economic compensatory damages, which may include past and future medical expenses, past and future lost wages, vocational rehabilitation, household help, out-of-pocket costs, loss of consortium, and pain and suffering.

Criminal law: What are the punishments?

Criminal law punishments vary according to the seriousness of the crime and the culpability of the offender. The lawmakers define crimes and their punishments, and each state and the federal government can penalize crimes differently. For instance, stealing a $1,000 cellphone might be considered a misdemeanor in one state, but a felony in another.

The law that applies usually depends on where the crime was committed. For example, stealing a car in Ohio will mean prosecution under Ohio's laws. If the crime took place over the internet, in multiple states, or on federal property, federal criminal charges are possible.

Both the federal system and the states divide crimes into two broad categories: misdemeanors and felonies. Misdemeanors tend to be less serious crimes, such as petty theft, simple assault, and careless driving, and carry less severe punishments. In most states, misdemeanors carry fines and local jail sentences of up to one year. By contrast, felonies generally involve stiff fines and incarceration of more than a year and up to life, and the defendant serves this time in prison. Examples of felonies include grand theft, aggravated assault, and vehicular homicide. In the federal system and around half of the states, the death penalty is reserved for the most heinous crimes, usually first-degree murder.

The types of sentences for criminal convictions include probation, fines, short-term incarceration, suspended sentences, payment of restitution to the victim, community service, or drug and alcohol rehabilitation for minor crimes. More serious sentences include long-term incarceration, life in prison, or the death penalty in capital murder cases.

Civil law: What are the punishments?

Civil law is distinct from criminal law in that it seeks to compensate the state or a private individual for harm done to them, rather than to punish a person for their wrongful conduct. Civil penalties are financial penalties imposed by a government agency or private individual as restitution for wrongdoing. Civil law punishments do not entail jail time or other legal penalties.

Civil penalties occupy a unique space in the legal system. Because they are not criminal penalties, the burden of proof is lower than the "beyond a reasonable doubt" standard in criminal law. However, because civil penalties can be substantial and are pursued by the government, citizens are not subjected to them on the basis of a "preponderance of the evidence," which is a lower standard of proof. Instead, most civil penalties require a finding of "clear and convincing evidence" before a civil defendant can be held liable.

In some cases, a civil penalty may be supplemented by other legal processes, including administrative sanctions or even criminal charges. For example, failure to pay a fine for a traffic code violation may result in the administrative suspension of a driver's license, and driving with a suspended license may be a criminal offense.

Civil penalties can also be used as evidence of responsibility in a civil suit. For instance, speeding that causes a car accident resulting in a wrongful death claim. However, the plaintiff must prove causation through a harm encompassed in the regulations.

In the case of contract law, damages are a form of monetary compensation for loss. Damages may be unliquidated (general damages) or liquidated (pre-determined). Unliquidated damages are determined by a court or tribunal, while liquidated damages are set by reference to the contract or a mutually agreed-upon arbitrator. Liquidated damages for breach of contract are only valid if they seek to compensate for loss rather than punish the offending party.

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