Figure 5.5
Civil and criminal cases involve the court system. (Credit: Brett Sayles/ pexels/ License: CC0)
Initiation and Roles
Criminal and civil cases are initiated differently, and the titles of the individuals involved differ slightly. Criminal
cases are only initiated by the federal or state government in response to a law being broken. The federal or
state governments are known as the prosecution. The prosecution is an attorney, or group of attorneys, hired
by the government to present a case against the accused. Criminal cases are usually titled something like
“State v. [last name of the defendant accused of a crime].” In criminal prosecutions, the victim is not a party to
the lawsuit, but might be a witness for the state at the trial.
In contrast, private parties initiate civil cases when they feel that someone has injured them. Again, civil cases
stem from breach of contract, custody cases, and attacks on one’s character. Private parties can include an
individual, a group, or a business. The person, group, or business who initiates the case is referred to as the
plaintiff or complainant. The accused is referred to as the defendant, in both criminal and civil proceedings.
Typically, there is a difference in the burden of proof for the two types of cases. In a criminal case, the
defendant must be proven guilty “beyond a reasonable doubt.” In a civil case, the defendant must be proven
liable through a “preponderance of the evidence.” In other words, the prosecution in a civil case must prove
that it is more probable than not that the defendant is liable.
In criminal cases, the defendant is entitled to an attorney and may be appointed an attorney if he or she is not
able to afford one. The state appoints the attorney. In contrast, all parties involved in a civil case are required
to secure their own legal representation.
Typically, civil and criminal laws use different terminology, and being found guilty or accountable in each type
of case results in different consequences.
In a civil action (lawsuit), the plaintiff is the person who is alleging that he or she has actually been harmed
(physically, financially, or in another manner), and the defendant is the one who is asked to pay damages or
otherwise compensate the plaintiff. Outside of financial compensation, the plaintiff may be ordered to do
something or refrain from doing something, which is referred to as injunctive relief.
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Chapter 5 Criminal Liability
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