Unit VII. Kinds of cases

Text 1: “The differences between a civil case and a criminal case”

Task 1: read and translate the text

The legal system is comprised of two very different types of cases, civil and criminal. Criminal offences are generally offences against the state, and are accordingly prosecuted by the state. Civil cases, on the other hand, are typically disputes between individuals regarding the legal duties and responsibilities they owe one another.

Here are some of the key differences between a criminal case and a civil case:

1. Criminal offences are considered to be crimes against the state, or society as a whole. That means that even though one person might murder another person, murder itself is considered an offence to everyone in society. Accordingly, crimes against the state are prosecuted by the state, and the prosecutor (not the victim) files the case in court as a representative of the state. If it were a civil case, then the wronged party would file the case.

2. Criminal offences and civil offences are generally different in terms of their punishment. Criminal cases will have jail time as a potential punishment, whereas civil cases generally only result in monetary damages or orders to do or not to do something. Note that a criminal case may involve both jail time and monetary punishments in the form of fines.

3. The standard of proof is also very different in a criminal case versus a civil case. Crimes must generally be proved "beyond a reasonable doubt", whereas civil cases are proved by lower standards of proof such as "the preponderance of the evidence" (which essentially means that it was more likely than not that something occurred in a certain way). The difference in standards exists because civil liability is considered less blameworthy and because the punishments are less severe.

4. Criminal cases almost always allow for a trial by jury. Civil cases do allow juries in some instances, but many civil cases will be decided by a judge.

5. A defendant in a criminal case is entitled to an attorney, and if he or she can't afford one, the state must provide an attorney. A defendant in a civil case is not given an attorney and must pay for one, or else defend him or herself.

6. The protections afforded to defendants under criminal law are considerable (such as the protection against illegal searches and seizures under the 4th Amendment). Many of these well known protections are not available to a defendant in a civil case.

In general, since criminal cases have greater consequences - the possibility of jail and even death - criminal cases have many more protections in place and are harder to prove.