why are separate trials needed for criminal and civil issues?

Question

Thanks for the answers thus far. I disagree that civil case do not involve issues defined by law. Often times civil cases are brought for violation of constitutional law, for example.

Answer 1

None of the above are really correct. There are three big differences between civil and criminal trials. First of all, a criminal case is brought by the government, whereas a civil case can be brought by the government or a private person. Second, the burden of proof is much higher in a criminal case: beyond a reasonable doubt, whereas the burden in a civil case is only proof by a majority of the evidence. Third, a civil case can have a smaller jury and the jury can decide by a majority vote, whereas in a criminal trial the jury is of 12 people and has to be unanimous. In short, the two kinds of trial have very different procedures and parties and so they can't be mixed.

Answer 2

For a criminal trial, one has committed an act against the state. The punishment for this is often jail time, and the conviction requires an impartial jury, and the requirement is beyond a reasonable doubt (which means that the evidence has to be 100% convincing).

In a civil trial, the issue is did a person wrong another person. In this, it has nothing to do with did a person wrong the state. Let's say a person kills another person. The first issue, the most important issue, is the harm done to society. Society has a duty to ensure that people aren't being raped, murdered, mugged, beaten, etc. That's why those are criminal, because the state has an interest in those situations to ensure that the citizens of the state are safe.

In civil trials, the issue is whether or not an individual was wronged. This also doesn't go on your criminal record, and the requirement is a preponderance of the evidence, which simply means slightly more likely than not. No jail time can be handed down for civil trials, and the right to a jury is not gauranteed (although it may be granted).

Civil trials can deal with things like assault, just as criminal trials can, but the idea behind the trial is different. Again, criminal trials are done in the attempt to stop the perp from harming another person. In the civil trial, the idea is to award the victim just compensation. Often, with things like contracts and such, no criminal trial is needed, only a civil trial. Personal disputes also only require civil trials. But, should an individual rape a woman, the state has an interest to lock the person up to prevent the person from raping anyone else, and the victim has the right to also sue for emotional, physical, and mental trauma. And, if the state can't prove beyond a reasonable doubt that the defendant committed the crime, the victim still has an opportunity to take it to a civil trial and maybe get some compensation (maybe a few thousand dollars or something) for herself.

If you're wondering if this violates the double jeapordy clause of the Constitution, it does not. The reason being that double jeapordy only applies to the same entity. What that means is that the person can not be charged twice for the same crime, by the same entity (the same crime means the same day, the same manner, the same exact time, etc. If a man murders two people on the same day, they are considered two seperate crimes, if a man is found not-guilty of one, he may still be found guilty of the other). The same entity means that if the state government tries a person and doesn't convict him/her, the federal government (in a criminal trial) and/or victim (in a civil trial) can try the person again for the same crime. Although it is normally seen when the person is tried by the state, then taken to court in civil trial, it does, on rare occassions, happen when the person is tried in both state and federal courts for the same crime.

I hope that explains it.

Answer 3

The criminal trial is prosecuted by the state. A state law has been broken and the state brings charges against an individual. Civil trials involve "equity matters" meaning individuals sue each other for acts other than those in the criminal code. These are your moral kinds of trials over compensation and fairness issues pertaining to an act. There are different standards of evidence and proof for each kind of trial. One goes to jail for criminal offenses, the other usually pays a fine or does something to make up for their actions.

Answer 4

Criminal trials involve cases where the offender has violated, Federal, State, County or Municipal statutes (law). Our laws (or so some people think) try to clearly and concisely set statute and law and define what is a violation of those laws.

Civil issues involve cases that are NOT defined by law (mental suffering, physical pain, actions which do not violate criminal laws but may still cause someone undue inconvenience or suffering [or tort]).

Answer 5

Because a criminal trial is between the defendant, usually a person, and the state, city or federal government, never a person. On the other hand, in a civil trial the fight is between a plaintiff, usually a person, and another party, or defendant, also usually a person. The government is not usually involved (although the government conceivably could be a party in a civil suit).

Thus it is easy to see why criminal and civil cases require seperate trials, and courts.

Answer 6

There are different standards for guilt and innocent in civil and criminal. There are different requirements for evidence, what can be used in civil is often not allowed in criminal cases because of constitutional rights being violated. In civil cases the requirements are more lax.

So the lawyers who would be an expert in one, would not in the other.

Answer 7

They typically have different standards of burden of proof.

A criminal charge will always carry the highest burden; proof beyond a reasonable doubt.

A civil charge may have different standards; such as, beyond a preponderance of evidence.

They also have different penalities attached to them.

Answer 8

One can land you in jail, the other can't. One is a crime the other isn't!

Oh I forgot!

Criminal requires a burden of proof of beyond a reasonable doubt
Civil is by the preponderence of the evidence or 50.00001%