Criminal Law vs. Civil Law
In 1789, judicial branch of the United States borrowed the traditional English common law system and adjust it to modern common law use today. The common law continues to define the severity of any offense and determine whether a crime is or not. When criminal cases brought before the courts are often divided into three categories: misdemeanors, felonies and treason.
Misdemeanor is normally resolved with lesser offense punishment includes fines and confiscation of property and some can be punished with a jail time with less than one year. A felony is far more serious crimes that lead to harsh penalties such as convicted a penitentiary and punishment with federal prison time with one year or longer. Felony crimes include assault, drug, white collar, and other behavior harmful to people or society. Felony crime such as murder may also be eligible to receive the death penalty depends on the states. Treason is defined as any violation of loyalty to your own country. During war time, betrayal war criminal known as war crimes, treason, but modern times can be sold government secrets to enemy countries.
Civil law, also known as civilian law was first derived from Rome. Overtime it was adopted and modified into an America primary source of law (What is the Civil Law?). First intention of civil law was created as an act to provide for Americans the right to equality is also known as civil act. Modern civil law defines American equality and adjusts the relationships between and among people.
In Civil law, much of which takes the form of common law, contrary to the criminal law. Civil law adjusts the relationship between and among people, businesses and other organizations, and government agencies. It contains the rules for contracts, divorce, and child support, the creation of wills, transfer of property, negligence, defamation, unfair practices in recruitment, production and consumer sales with the potential hazard to the user, and many others in the social contract and obligation (Schmalleger, F. 2014).
In the criminal law case, the burden of proof is for the government to prove if the defendant is guilty of a crime. Whereas, in the civil law case, the plaintiff can present the burden of proof in court, then the defendant may refute the evidence provided by the plaintiff. If the judge or jury to believe that more than 50% of the evidence in favor of the plaintiff, the plaintiff wins, which is very low compared to the 99% proof in a criminal law case. In the criminal law case, the defendant is not guilty unless more than 99% of the evidence are against him (Civil Law vs. Criminal Law).
When at an end in a criminal trial, a judge or jury found a defendant is not guilty. If a prosecutor fails to prove his or her case is beyond reasonable doubt, not that a defendant is innocent. Thus, a person can be acquitted of a crime, but found civilly liable in a civil case involving the same crime, because civil cases have a lower burden of proof than a criminal case. Acquittal is a verdict that a person is not guilty of the crimes he is accused of. Liability is when a person is responsible for the state of something, especially by law. Sometimes when found not guilty does not mean the defendant is an innocent person. Though; while all the judges and juries cannot make the same final decision does not mean the defendant is innocent at all.
The two elements that make up a criminal are Men Rea (guilty mind) and Actus Reus (criminal act). Men Rea is generally a person who plans an illegal activity in purposeful or intentionally. Actus Reus is a person who committed an illegal activity voluntarily and subject to criminal sanction. These two factors will always consider necessary for a crime because criminals need to make plans by steps before it can become a real action. If one element is missing then it will not be a complete…