Introduction
The legal system consists of different aspects that ensure its excellent performance. Each branch of this system aims to solve different types of conflicts, so different laws were created to address each type of conflict accurately. The two main branches of law are criminal and civil laws. Both laws aim to resolve conflicts and disputes to uphold justice. Nevertheless, they differ significantly in their jurisdictions, nature, burden of proof, and ways of defending. The main difference between civil and criminal law is that criminal law pertains to offenses against society, whereas civil law handles disputes between people and entities.
Criminal Law
Purpose and Scope
Criminal law maintains public order and ensures that people’s rights are followed and protected, so the burden of proof in this area is significantly high. The main idea of criminal law is to punish individuals for violating the established rules (Justia, n.d.). In addition, criminal law should be the primary objective to ensure people’s safety and security.
Burden of Proof
This branch of legislation has regulations for the burden of proof, and it lies with the prosecution to prove the accused’s guilt with reasonable proof. That is why the burden of proof is significantly high, so the evidence that directly proves the accused’s guilt should be demonstrated. There is the highest standard of proof in criminal law. For instance, a strong belief in the guilt of the accused should be based on reasonable evidence and not on assumptions or prejudices (University of Minnesota Libraries Publishing, n.d.). As a result, any reasonable doubts during the process would be excluded. Hence, criminal law ensures public order, safety, and punishment for violating established rules and has the highest burden of proof.
Defenses
Criminal law has specific rules for defense, including alibi, self-defense, and insanity defense. Nevertheless, many more defenses are available, but they all should be considered individually and depend on the situation. Firstly, an alibi is one of the most potent ways of defense in criminal law. In this case, evidence is that the accused person was located in another place when the crime was committed.
Secondly, the insanity defense is aimed at proving that an individual has mental issues or was insane when the crime was committed. In this case, it is proven that the accused could not understand the consequences of the actions. Thirdly, self-defense is used in cases when a person should take serious actions to protect their safety and security and avoid being harmed by another person (Justia, n.d.).
Examples
Examples of criminal law cases might include murder, assault, theft, and other violations. All these actions are considered harmful to society and illegal. Thus, criminal law has various methods of defense and consists of different crimes that threaten society.
Civil Law
Purpose and Scope
On the contrary, civil law deals with conflicts between people and entities and has a lower burden of proof than criminal law. Civil law includes issues with personal rights, property, and contracts. Its primary purpose is to solve these conflicts and compensate people for illegal actions against them and their property (University of Minnesota Libraries Publishing, n.d.).
Burden of Proof
The rightness of the individuals should also be proven with the help of evidence, but the burden of proof is lower. The plaintiff of what is more likely and less likely to be true must bear the burden of proof in civil law. This is also known as preponderance of the evidence, which means that evidence supports the individual’s vision of the issue (University of Minnesota Libraries Publishing, n.d.). Moreover, this evidence should be more substantial than the evidence from opponents. Therefore, civil law deals with people’s conflicts and has a lower burden of proof.
Defenses
Civil law has different defenses that individuals can use, including statute of limitations, negligence, and lack of causation. Firstly, the statute of limitations means failing to file the law requirement during the specified period (University of Minnesota Libraries Publishing, n.d.). In this case, it is possible to argue that the claim is considered time-barred.
Secondly, contributory negligence means that the person’s negligence is related to harm (University of Minnesota Libraries Publishing, n.d.). As a result, the ability to recover damages is lost. Thirdly, lack of causation is one of the most used defense methods. In this case, it is proven that the committed actions did not cause any harm or suffering (University of Minnesota Libraries Publishing, n.d.).
Examples
The most common examples of civil law cases include personal injury when an individual gets hurt emotionally or physically. Property disputes are most widely seen due to property use, ownership, or personal belongings. Lastly, a contract breach is when one party to the contract does not fulfill the agreements and promises written in the contract. Thus, civil law has a wide range of defenses and mainly involves disputes between people or entities.
Conclusion
To conclude, civil and criminal law are integral to the legislative system, so they should be carefully examined. Civil and Criminal law have significant differences in their roles in social life. Criminal law solves harsh conflicts in society, whereas civil law solves disputes. In addition, civil law has a lower burden of proof than criminal law. However, both laws aim to ensure order and safety for society.
References
Justia. (n.d.). Criminal defenses. Justia. Web.
University of Minnesota Libraries Publishing. (n.d.). The burden of proof. In criminal law (Chapter 2.4). Open Textbook Library. Web.