Keith Mack
Police officers are generally responsible for handling criminal matters. They are duty-bound to protect the public and can be called in any criminal case when someone is breaking the law. For instance, if a burglary occurs, the police will be called to apprehend the perpetrator. On the other hand, civil suits are filed by private citizens against another person or a corporation, and the police usually do not get involved in such matters. Civil matters often involve disputes between neighbours or family members, and while they may cause serious problems, they do not constitute criminal conduct, and police cannot be called in to deal with the situation.
| Characteristics | Values |
|---|---|
| Police involvement in civil cases | Police involvement in civil cases is limited, as these are typically handled by private citizens or lawyers. |
| Police involvement in criminal cases | Police handle criminal matters and can be called to investigate and assist in cases where a law is broken. |
| Criminal vs. civil cases | Criminal cases are investigated and handled separately from civil cases, even if they are related. |
| Criminal cases | Involve government complaints against defendants and can lead to imprisonment or sanctions. |
| Civil cases | Involve private citizens filing suits against other individuals or corporations and focus on correcting policies and practices. |
| Reporting crimes | Individuals are not legally required to report crimes, except in specific cases, such as perceived abuse of children or the elderly. |
| Police misconduct | The Department of Justice (DOJ) enforces laws addressing police misconduct, including excessive force, discriminatory practices, and false arrests. |
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What You'll Learn
Criminal vs civil law
Criminal law and civil law are two distinct legal systems designed to address different types of wrongdoings. While they have separate purposes, they share similarities and occasionally overlap.
Criminal law deals with offences against the state, where the government files a case against an individual for committing a crime. These crimes are viewed as harmful to the state's overall safety. The government must prove the defendant's guilt "beyond a reasonable doubt", a very high standard of evidence. If found guilty, the defendant may face imprisonment or other penalties, including short-term or long-term imprisonment, or even death, depending on the severity of the crime and the state's policies. Examples of criminal offences include burglary, murder, assault, kidnapping, arson, and drug-related crimes.
On the other hand, civil law is a blanket term for all non-criminal law, typically involving disputes between private citizens or organisations. These disputes often concern monetary or property-related matters, individual rights, or contractual interests. In civil cases, one person sues another person, business, or agency, and the case is referred to as a civil suit. The burden of proof in civil law operates on a "preponderance of evidence" standard, meaning the judge or jury must believe that the claim is more likely true than not. If a person loses a civil case, they may be ordered to pay monetary compensation or return property, but they do not face imprisonment solely for losing the case. Civil matters often arise from disputes between neighbours or family members, and while they can result in harm, they do not reach the level of criminal conduct as no laws are broken.
In some instances, a civil case can transform into a criminal one. This occurs when the circumstances surrounding a civil action become threatening or involve a breach of the law. For example, if a landlord serves an eviction notice to a tenant, and the tenant responds with violence, the police can be called to investigate a criminal case of assault. Similarly, a victim of a crime may sue the perpetrator for civil damages resulting from the crime, leading to both civil and criminal trials.
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Police involvement in civil cases
However, there are certain situations where a civil case can transform into a criminal one, and the police may then be called upon to investigate. This can occur when the circumstances surrounding a civil action become threatening or when a crime is committed. For example, if a tenant is served an eviction notice and they respond by punching the landlord, the police can be called to investigate a case of assault. Similarly, in cases of burglary, which is a criminal act, the police will try to apprehend the perpetrator. The police can also get involved in cases of harassment, whether in person or online, as this can be grounds for a criminal complaint.
In summary, while the police generally do not get involved in civil matters, there are exceptions when a crime has been committed or there is a threat to a person's safety. In these cases, the police can offer assistance and investigate the criminal aspect of the situation.
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Police handling of criminal matters
Law enforcement agencies, including police officers, handle criminal cases where the government files a complaint against a defendant. Criminal cases can be brought about by a variety of criminal acts, including burglary, harassment, and assault. For instance, if a tenant is served an eviction notice and they respond by punching the landlord, the police can be called to investigate a case of assault. Police can also be called in cases of harassment, whether in person or over the internet, as this can be grounds for a criminal complaint.
In the United States, the Department of Justice investigates and prosecutes allegations of Constitutional violations by law enforcement officers. These violations include the use of excessive force, sexual misconduct, theft, false arrest, coercive sexual conduct, and deliberate indifference to serious medical needs. The Department's authority extends to all law enforcement conduct, regardless of whether an officer is on or off duty, as long as they are acting in their official capacity.
In the United Kingdom, the Crown Prosecution Service (CPS) handles allegations of criminal offenses against persons serving with the police. The Professional Standards Department of the force to which the officer in question belongs typically investigates complaints and allegations. In more serious or complex cases, they may be referred to the Special Crime and Counter Terrorism Division. Disciplinary proceedings are meant to determine whether an officer has breached the standards expected of them, and the public interest lies in taking action against the officer, rather than suspending them on full pay.
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Civil cases becoming criminal
Civil cases are disputes between individuals or entities over legal rights, obligations, or damages. They are typically filed by private citizens against another person or a corporation and often result in financial compensation for the aggrieved party. Common types of civil cases include personal injury claims, landlord-tenant disputes, contract breaches, or medical malpractice.
Criminal cases, on the other hand, are handled by law enforcement agencies and involve the government filing a complaint against a defendant. Criminal cases carry more severe penalties, such as jail time, fines, community service, or probation, and often result in a permanent criminal record.
Occasionally, a civil case can transform into a criminal one. This typically occurs when the circumstances surrounding a civil action become threatening or involve criminal activity. For example, if a tenant is served with an eviction notice and they respond by assaulting the landlord, the police can be called to investigate the assault, and the civil case of eviction has now become a criminal case of assault.
Another example is a car accident where one driver is injured due to the negligence of another driver. The injured party may file a civil lawsuit seeking financial compensation for their injuries. However, if it is discovered that the at-fault driver was under the influence of alcohol or drugs, their actions may also be considered a criminal offense, and law enforcement may conduct a criminal investigation and file criminal charges, such as DUI.
In civil cases, the burden of proof is generally lower, requiring a preponderance of evidence (more likely than not) rather than proof beyond a reasonable doubt as in criminal cases. It's important to note that winning a civil case does not guarantee a favorable outcome in a related criminal case, as the two types of cases have different standards of proof and objectives.
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Police misconduct laws
While the majority of law enforcement officers perform their duties with respect for their communities and in compliance with the law, there are incidents of police misconduct. Police officers generally have broad powers to carry out their duties, but the Constitution and other laws place limits on how far they can go to enforce the law. These civil rights protect people from police misconduct.
The US Department of Justice (DOJ) enforces laws that address police misconduct, including criminal and civil statutes that cover the actions of state, county, and local officers, as well as federal law enforcement officers. The DOJ investigates and, where the evidence permits, prosecutes allegations of Constitutional violations by law enforcement officers. The DOJ's authority extends to all law enforcement conduct, regardless of whether an officer is on or off duty, as long as they are acting, or claiming to act, in their official capacity. The DOJ also has the power to bring lawsuits against police departments for alleged misconduct.
The types of conduct covered by the law enforced by the DOJ include excessive force, discriminatory harassment, false arrests, coercive sexual conduct, and unlawful stops, searches, or arrests. For the DOJ to take action, the misconduct must constitute a "'pattern or practice' rather than an isolated incident. The DOJ must be able to show in court that the agency has an unlawful policy or that the incidents constituted a pattern of unlawful conduct.
Remedies available under this law include injunctive relief, such as orders to end the misconduct and changes in the agency's policies and procedures that resulted in or allowed the misconduct. There is no private right of action under this law, and the DOJ may only file suit for violations of the Police Misconduct Provision. The law does not provide for individual monetary relief for victims of misconduct.
A primary civil rights law that victims of police misconduct rely upon is 42 U.S.C. § 1983, which is part of the Civil Rights Act of 1871. This law makes it unlawful for anyone acting under the authority of state law to deprive another person of their rights under the Constitution or federal law. The most common claim brought against police officers under this law is false arrest, which argues that police violated the claimant's Fourth Amendment right against unreasonable seizure.
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Frequently asked questions
Criminal cases are handled by law enforcement agencies, where the government files a complaint against the defendant. Civil suits, on the other hand, are filed by private citizens against another person or a corporation.
No, police generally handle criminal matters. Civil matters are usually handled by lawyers.
Yes, civil cases can sometimes turn into criminal cases. For example, a child custody dispute that results in custodial interference.
Police can get involved in civil matters if the situation becomes threatening or breaks criminal law. For example, if you serve an eviction notice to a tenant and they respond with violence, the police can be called to investigate assault.
Disputes with neighbours, divorce, and issues surrounding child custody are some examples of civil matters that police cannot get involved in unless criminal laws are broken.
