Criminal Lawsuits: Who Can File And When?

The American legal system is comprised of two distinct types of cases: civil and criminal. Criminal cases are filed by the government against an individual for violations of criminal law, whereas civil cases are filed by a private party against another individual over disputes between private rights or remedies. Criminal cases are designed to punish an offender, while civil suits are about compensating for harm done. Criminal cases can result in criminal penalties such as fines, jail time, restitution, and probation, whereas civil cases generally provide for monetary payments by the defendant to compensate the plaintiff for damages incurred. While criminal cases are prosecuted by the state, civil cases are initiated by the victim, who is in charge of deciding whether to sue, whether to hire a lawyer, and whether to settle or go to trial. In some states, victims have a statutory or constitutional right to confer with the prosecution and to receive notice of a prosecutor's decision not to file charges.

Criminal vs civil cases

A criminal case is where someone has been charged for an alleged violation of the law. If the defendant is found guilty, they will face criminal penalties, which may include fines, restitution, probation, or jail time. The prosecution must prove guilt beyond a reasonable doubt, and the defendant has the right to a trial by jury and an attorney. Even if the victim does not want to pursue the case, the prosecutor can use their subpoena power to force them to testify.

In some states, victims have a right to confer with the prosecution and receive notice of their decision to not file charges. However, the victim does not have the right to make the final call, and the prosecutor decides whether to take the case to trial. The police will gather evidence and recommend that the prosecutor charge the person with a crime. In less serious cases, the defendant might receive a summons to appear in court, while in more serious cases, the prosecutor may ask for an arrest warrant.

Civil cases, on the other hand, involve private disputes between parties over matters such as contracts, torts, employment matters, debt collection, property rights, and other issues not involving imprisonment as punishment. Civil cases are about compensatory damages, and the defendant may be ordered to pay money to the other side or return property. The plaintiff files the lawsuit and decides how to handle the case with input from their lawyer. Civil cases are proven by a preponderance of evidence, meaning it is more likely than not that something occurred in a certain way. While civil cases may involve a jury, many are decided by a judge alone.

The role of the prosecutor

The prosecutor is a vital part of the criminal justice system. They are responsible for reviewing evidence and making objective decisions, serving the public and enforcing the law. They are not the lawyer for the alleged victim and do not represent any particular government agency, law enforcement officer or unit, witness or victim. Instead, they act in the interests of the people of their jurisdiction, who have an interest in the enforcement of laws.

Prosecutors exist in both the federal and state systems. In the federal system, the prosecutor is the United States Attorney, who has a staff of Assistant United States Attorneys who may handle the actual case. On the local level, there may be a State's Attorney's office that handles prosecutions under state law.

The prosecutor takes over cases when law enforcement has made an arrest, but they are often involved much earlier in the process. They may direct and initiate the investigation process, conducting sting operations and building evidence to support probable cause for an arrest. They may interview witnesses and suspects prior to charging them, and ultimately, it is the prosecutor's choice as to whether to charge a defendant and with which crimes.

Prosecutors must objectively review the evidence and make other objective decisions. They must decide whether the government can, with the available evidence, prevail at trial. They may also ask the court to dismiss the case if they no longer have sufficient evidence to prove the crime. They will also interface with the defendant's attorney at various points throughout the case, speaking with them before charges are filed to hear the defendant's side of the story.

The prosecutor's role is to seek justice and punish those who they believe have committed a crime. They must be careful with their words and actions to avoid interfering with the defendant's right to a fair trial.

Victim's rights

While the criminal justice system is primarily focused on prosecuting defendants and determining their guilt or innocence, victims also have rights that vary depending on the jurisdiction. In the United States, the Crime Victims' Rights Act, part of the Justice for All Act of 2004, enumerates the rights afforded to victims in federal criminal cases. All states have passed legislation that protects the rights of victims of crime, and most have passed constitutional amendments that afford protection to crime victims. Some state laws apply only to victims of felony offenses, while others also extend rights to victims of less serious misdemeanor offenses. When a victim is a minor, disabled, or deceased, some states permit family members to exercise rights on behalf of the victim.

Victims have the right to receive acknowledgement of a complaint as well as ongoing information about the case. They are also entitled to be informed in writing if the police decide not to arraign a suspect. Victims can access free support services following a needs and risk assessment, including counselling and information on how to prevent further risk of victimisation. Relevant authorities must inform victims of ways they can be protected, such as seeking a protection order.

Victims also have the right to be heard at any public proceeding in the district court involving release, plea, sentencing, or parole proceedings. They can confer with the attorney for the government in the case and have the right to full and timely restitution as provided in law. Victims are entitled to proceedings free from unreasonable delay and to be treated with fairness and respect for their dignity and privacy. They must be informed in a timely manner of any plea bargain or deferred prosecution agreement and of their rights under the Victims' Rights and Restitution Act of 1990.

In certain jurisdictions, victims are entitled to monetary compensation for criminal acts resulting in at least six months' imprisonment. This compensation is funded by fines imposed on convicted offenders, among other sources. In Croatia, citizens can receive compensation if they experienced serious personal injury, as well as free access to therapeutic, medical, and legal services. Cyprus awards compensation to victims of violence that causes serious bodily harm or death under the European Convention on the Compensation of Victims of Violent Crimes.

Evidence requirements

Evidence is a crucial aspect of any criminal lawsuit. The type and strength of the evidence presented can significantly influence the outcome of the case. In criminal cases, the government brings charges against an individual for alleged violations of criminal law. The prosecution must prove guilt beyond a reasonable doubt, and the defendant has the right to present a defence.

The specific evidence requirements may vary depending on the jurisdiction and the nature of the crime, but some common types of evidence used in criminal cases include:

• Witness Testimonies: Witness evidence is provided by individuals who have knowledge of the incident. They may be questioned by both the prosecution and defence lawyers and are expected to provide truthful testimony under oath.
• Physical Evidence: This includes any tangible items related to the crime scene, such as weapons, property damage, forensic evidence, or any other objects that may have been involved in the incident.
• Statements from the Accused: The statements made by the person accused of committing the crime can also be used as evidence.
• Police Reports: Police officers investigating the crime will often gather evidence and document their findings in official reports. These reports can provide valuable information about the incident and may influence the prosecutor's decision to pursue charges.
• Expert Testimonies: In some cases, expert witnesses may be called upon to provide specialised knowledge or opinions related to the case. For example, medical experts, forensic scientists, or psychologists may offer testimony to support the prosecution or defence.
• Digital Evidence: Evidence in the form of emails, text messages, social media posts, or other electronic communications can also be presented.
• Visual Evidence: Photographs, videos, or sketches of the crime scene or any relevant locations can help illustrate the circumstances of the incident.

It is important to note that the prosecutor must objectively review all the evidence presented and make decisions based on the likelihood of prevailing at trial. The prosecutor's role is to seek justice and determine whether the government can prove the defendant's guilt beyond a reasonable doubt.

Evidence in Civil Lawsuits:

In the context of civil lawsuits, which often arise from private disputes, the evidence requirements may differ slightly. While witness testimonies, physical evidence, and documents are still crucial, the focus may be more on compensatory damages and resolving disputes between parties. For example, in a personal injury claim, evidence such as medical bills, repair invoices, and proof of income loss may be presented to demonstrate the extent of the damages incurred.

Criminal penalties

In some cases, criminal penalties may be avoided or reduced if the defendant takes corrective action within a reasonable time frame. For example, in the case of a violation of fuel consumption standards, a person or entity may be able to correct the violation and avoid criminal penalties by making a report to the agency and correcting any incomplete or misleading information within 30 days. Additionally, the National Highway Traffic Safety Administration (NHTSA) may consider factors such as the person's ability to pay, the effect of the penalty on their ability to continue doing business, and whether the violation was willful or posed a serious health, safety, or environmental threat when determining criminal penalties.

Frequently asked questions