What is the difference between a civil and a criminal trial?
If you are facing charges that may result in a civil trial, a criminal trial, or both types of trials, you may be wondering what the differences are between the two types of cases. The list below outlines the key differences:
The party who files the case is based on who was wronged. In a civil case, there is generally a disagreement between individuals about the obligations one member of society has to another. A civil suit is therefore brought by an individual victim or victims against another person. A criminal case is broader in scope, as it is considered a crime against all of society. Therefore, criminal suits are brought by an employee of the state, such as a district attorney. Because of the more severe penalty that a defendant may be subject to in a criminal case, the defendant in a criminal case is provided a number of additional protections by law that are not given to the defendant in a civil case. The protections in a criminal case include the following: Protection against search and seizure. The police must generally obtain a search warrant before they can conduct a search of a person’s house. The decision as to whether the defendant is guilty or not guilty may be decided by an individual or a group of people, a jury. In a civil case, the judge presiding over the case is usually the one who renders the verdict. In a criminal case, the defendant can almost always obtain a trial by jury. Because a criminal case generally has a much stiffer penalty than does a civil case, the proof needed to obtain a guilty verdict in a criminal case is much greater. In a civil case, guilt must be proved by “a preponderance of the evidence,” which means that there is more than a 50% likelihood that guilty is the correct verdict. In a criminal case, guilt must be proved “beyond a reasonable doubt,” which means that no other explanation can be made from the evidence except that the defendant performed the crime. The type of punishment is generally considered to be more severe in a criminal case. In a civil case, the punishment is usually related to payment of money or completion of some act of service. In a criminal case, the punishment may include the payment of money, an act of service, jail time, and possibly death. If you have additional questions or need help from a defense attorney related to a charge of a crime brought against you, please complete the short form at http://www.criminaldefensehome.com/eval_bar.php and a criminal attorney will review your situation free of charge. The review is 100% confidential and there is no obligation. Criminal defense attorneys understand criminal law and can answer your questions. You have everything to gain by obtaining professional advice! So get professional representation today!
1. The party who files the case.
2. The rights given to the defendant.
Protection against double jeopardy. The district attorney cannot bring a second trial against a defendant on the same crime if a not guilty verdict was returned in the first trial.
Protection against self-incrimination. The defendant cannot be forced to testify.
Right to an attorney. A defendant in a criminal case can always have an attorney represent them if they want an attorney. If the defendant cannot afford an attorney, the state must provide an attorney to the defendant.
3. The people who render the verdict.
4. What it takes to obtain a guilty verdict.
5. The type of punishment.
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