Gavin Howe
The American justice system has two types of cases: civil and criminal. Criminal cases are initiated by the government, usually through the U.S. attorney's office, and involve crimes such as burglary, assault, battery, and murder. In criminal cases, defendants are protected by the Constitution and are presumed innocent until proven guilty. Researchers interested in criminal case law can refer to sources such as the Oyez Project, Annotated Codes, Digests, and Legal Encyclopedias. These sources provide access to case law, opinions, and citations relevant to criminal justice.
| Characteristics | Values |
|---|---|
| How cases are initiated | In criminal cases, only the federal or state government may initiate a case. In civil cases, cases are initiated by a private party (the plaintiff). |
| How cases are decided | Criminal cases are almost always decided by a jury. Civil cases are usually decided by a judge, though significant cases may involve juries. |
| Types of punishment | Criminal cases may result in incarceration, fines paid to the government, or the death penalty. Civil cases almost always consist of a monetary award and never include imprisonment. |
| Standards of proof | Criminal cases require proof "beyond a reasonable doubt", meaning there is no other reasonable explanation outside of the defendant's guilt. Civil cases require proof by a "preponderance of the evidence", meaning it is more likely than not that something occurred in a certain way. |
| Legal protections | Defendants in criminal cases have more rights and protections than civil defendants. For example, they are protected against illegal searches and seizures under the Fourth Amendment. |
| Case reporters | Criminal cases are published in sources specific to that court, such as the United States Reports, which only publishes opinions from the Supreme Court of the United States. Civil cases are also published in case reporters, such as regional reporters, which include cases from courts within a specific geographical region. |
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What You'll Learn
Criminal vs civil law differences
Criminal law deals with activities deemed punishable by the government, and the punishment for breaking these laws can include incarceration, fines, or, in some cases, the death penalty. Criminal cases are prosecuted by state officials, with the burden of proof lying with the government, which must prove the defendant's guilt "beyond a reasonable doubt". This is a very high standard, requiring approximately 99% proof.
Civil law, on the other hand, is a blanket term for all non-criminal law, typically settling disputes between private citizens or organisations. It deals with individual rights or interests that have been violated by another individual or organisation, warranting a case filing. Civil litigation involves the plaintiff asking the court to order the defendant to remedy a wrong, often through monetary compensation. The burden of proof in civil cases lies first with the plaintiff and then with the defendant to refute the evidence. If the judge or jury believes that there is more than 50% of the evidence favouring the plaintiffs, then the plaintiffs win.
Criminal litigation is more serious than civil litigation, as criminal defendants have more rights and protections than civil defendants. Criminal law involves the police and prosecutors, hired and paid for by the government, to put the law into effect. Civil law is broken down into four separate fields: contract law, property law, family law, and tort law.
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Criminal case procedures
Criminal case law involves punishing and rehabilitating offenders and protecting society. Only the government can initiate a criminal case, usually through the U.S. Attorney's office, in coordination with a law enforcement agency. Criminal cases differ from civil cases in several ways. At the beginning of a federal criminal case, the main parties are the U.S. Attorney (the prosecutor) and the grand jury. The U.S. Attorney represents the United States in most court proceedings, and the grand jury reviews evidence presented by the U.S. Attorney to decide whether it is sufficient to require a defendant to stand trial.
In a criminal trial, the burden of proof is on the government, which must provide evidence to convince the jury of the defendant's guilt. Defendants do not have to prove their innocence. If a defendant is found not guilty, they are released, and the government may not appeal. The defendant cannot be charged again for the same offense in a federal court, as the Constitution prohibits "double jeopardy".
If found guilty, the judge determines the defendant's sentence, which may include incarceration, a fine, or, in some cases, the death penalty. The court's probation officers enforce the conditions imposed by the court as part of a criminal sentence. Supervision of offenders may involve services such as substance abuse testing and treatment programs, job counseling, and alternative detention options, such as home confinement or electronic monitoring.
Criminal cases include limited pretrial discovery proceedings, similar to those in civil cases, but with restrictions to protect the identity of government informants and prevent witness intimidation. Attorneys may file motions, which are requests for rulings by the court before the trial, such as suppressing evidence that could violate a defendant's constitutional rights.
A criminal case starts at the trial court level, which could be a trial by judge or jury, where evidence and witnesses are presented. An appellate court hears appeals from parties seeking to change the trial court's outcome. An appellate court will not answer questions of fact and will not review the evidence in a case. Generally, appellate court decisions that will be used as future precedent are published in case reporters. Attorneys use published case law to interpret the law.
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Criminal law punishments
Criminal law deals with punishing and rehabilitating offenders and protecting society. Criminal cases are initiated by the government, usually through the US Attorney's office, in coordination with a law enforcement agency. Criminal cases differ from civil cases in that they are filed by the government, usually referred to as the State and represented by a prosecutor, against a defendant. An individual can never file criminal charges against another person, though they may report a crime.
Rehabilitation, also known as diversion, is a growingly popular method of criminal punishment that aims to help offending individuals change their behaviours by removing them from the environment that led them to commit the crime. Diversion is a unique form of punishment in which a judge may sentence an offender to a deferred sentencing program or dismiss the charges to avoid a criminal record or conviction.
Retribution is a controversial topic in criminal justice, as some believe it is fair, while others argue that it is unjust due to the various factors that come into play when deciding an offender's sentencing. In addition to these four main types of criminal punishments, judges have several other tools at their disposal, including probation, fines, restitution, and community service.
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Criminal law protections
Criminal law is a system of laws that define criminal offences, outline procedures for the apprehension, charging, and trial of suspects, and determine penalties for convicted offenders. It deals with crimes, which are activities punishable by the government, and the punishment of individuals who commit these crimes. Criminal law protections are, therefore, the rights and safeguards that exist to protect suspects and defendants in criminal cases.
Other criminal law protections include the right to a fair trial, the right to an attorney, and the right to remain silent. Defendants also have the right to present a defence, including claiming failure of proof by the prosecution, raising a defence of self-defence, defence of property, or defence of others, or arguing necessity, also known as the "choice of evils". Additionally, the Constitution prohibits "double jeopardy", meaning a defendant cannot be tried twice for the same offence.
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Criminal law case reporters
Court opinions are published in chronological order in print in volumes called Case Reporters, or simply Reporters. Cases are still organised and cited according to the print reporter system, even though most cases are now available online. Case reporters can be official or unofficial. Official reporters are governmentally approved publications that reproduce reported cases within a given jurisdiction. Many states still publish their own reporters, and an official reporter should be cited when submitting documents to the court in that jurisdiction.
Unofficial reporters are published by commercial publishers and may include editorial enhancements such as headnotes—a brief summary of a specific point of law decided in a case. Headnotes are a great research tool but are not considered legal authority and should never be cited.
Case law reporters can be specific to a particular court, a specific geographical region, or cover the entire country. For example, the United States Reports only publishes opinions from the Supreme Court of the United States. On the other hand, the North Eastern Reporter publishes cases from courts within a specific region.
In the past, the slow publication of official reporters led to the creation of private reporting systems. John B. West, an entrepreneur from Minnesota, started publishing Minnesota Supreme Court decisions in 1876. By 1879, West had expanded to the surrounding states, and by 1880, he published case law for the entire United States, dividing the country into seven regions.
Today, more than half of the states publish an official report of their judicial decisions. When practising in a state with its own reporter, attorneys are often required to cite the state's official reporter rather than a regional reporter. However, many states no longer publish an official reporter, instead relying on commercial publishers like West, Lexis, and BNA.
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Frequently asked questions
Criminal law refers to the rules that apply when someone commits a crime, such as burglary, assault, battery, murder, arson, rape, etc.
Only the government initiates a criminal case, usually through the U.S. attorney's office, in coordination with a law enforcement agency.
After a person is arrested and charged with a crime, they go to a criminal court. The person accused of committing the crime is called the defendant.
In a criminal case, the burden of proof is on the government. Defendants do not have to prove their innocence. Instead, the government must provide evidence to convince the jury of the defendant's guilt.
Sources for finding case law in criminal justice include annotated codes, digests, and legal encyclopaedias. Attorneys also use published case law as a means to interpret the law.
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