Criminal Court v Civil Court; The Differences
Jeff Eader
Kaplan University

Criminal Court v Civil Court; The Differences
The American Court system was established to settle disagreements between parties that have disagreements that need to be settles. This system was created to involve two types of case proceedings, which include civil and criminal cases. There are differences between the types of cases that can be heard and tried in civil and criminal proceedings. This essay will examine differences between civil and criminal hearings in the areas of burden of proof, which party can start the case, the different types of punishment that can be handed down, and the types in each jurisdiction. Finally, the essay will examine criminal and civil case in a table format.
Civil Court Hearings * Rulings * Types of Cases * Parties Involved * Burden of Proof
The civil court system is a very different entity from a criminal court. This type of court hears proceedings that are about money, debts, property issues, injuries, divorce, child support, and housing issues, such as evictions and foreclosures. ("The Differences Between Civil and Criminal Court," n.d.) The judges in these types of cases have a different set of powers to enforce their findings in the case. The enforcement part of these proceedings can be as simple as a ruling, the awarding of money to one party of the case, or fining an individual. It is also important to note that an individual in a civil court trial cannot be incarcerated for any amount of time. (Standler, 2002, p. 1) The cases in a civil hearing are brought forth when a “private party (e.g., a corporation or individual person) files a lawsuit.” (Standler, 2002, p. 1) At this point, the entity becomes the plaintiff and the person(s) the case is being filed against is considered the defendant. (Standler, 2002, p. 1) The burden of proof in a civil case mainly lies with the plaintiff because their side has established the case. However, there are instances where the defendant must provide proof. This happens in cases involving prima facie. This type of case requires the defendant to rebut the complaint of the plaintiff. (Standler, 2002, p. 1)
Criminal Court Hearings * Rulings * Types of Cases * Parties Involved * Burden of Proof
Criminal hearings are much different than civil hears because there are different rules and procedures that must be followed by all parties involved in the case. The first point I would like to look at is the punishment part of a criminal case. The punishment that is handed down when a defendant has been found guilty can be jail, fines paid to the government, and execution of the defendant. (Standler, 2002, p. 1) In criminal law the burden of proof always rests with the government. The defendant in the United States is always considered innocent until proven guilty. In short this means the defendant does not need to testify on his own behalf. Since the state must prove that the defendant is guilty the level of proof is also different in this type of case. This means that all jury trials must be a unanimous decision. The state or federal government always establishes the proceeding with litigation in a criminal case. The only time a defendant can start a proceeding in a criminal hearing is when he or she files an appeal. ("MOBA," n.d.)

Differences in Criminal and Civil | Divorce Civil Trial | United States v. Bernard L. Madoff, 09 Cr. 213 (DC) | Ruling | Divorce rulings involve the dissolving of the marriage, child support, and parenting plans. | Mr. Madoff was sentenced to 150 years in prison after | Parties | Plaintiff that filed for divorce and Defendant | United States Government v Bernard Madoff | Type of Case | Civil/Family Law | Criminal/SEC Securities Fraud | Burden of Proof | There is no burden of proof required, the judge/magistrate grants the decree and makes a ruling. | The Government accepted the guilty plea of Mr. Madoff therefor the burden of proof was not needed in this case. | | | United States v. Bernard L. Madoff, 09 Cr. 213 (DC) |

As you can see in the chart above there differences in rulings, parties involved in the cases, and the burden of proof. The easiest way to distinguish between the two is the punishment piece. One has to remember that in a civil hearing only a monetary punishment can be issues by the court. In contrast a criminal hearing one can be fined or sent to jail. By understanding what type of punishment can be handed down the burden of proof, which party can file a complaint, and the type of case it is.

References
Civics Library Of The Missouri Bar. (n.d.). Retrieved from http://members.mobar.org/civics/DifferencesCivilCrim.htm
Standler, R. B. (2002). Differences between Civil and Criminal Law in the USA. Retrieved from http://www.rbs2.com/cc.htm
The Differences between Criminal Court and Civil Court. (n.d.). Retrieved from http://www.lawhelp.org/files/1814550B-B14C-5F28-66B9-295AF39C97B1/attachments/EA876BFD-5BBB-4FC6-A603-952438FE8E69/differences-between-criminal-and-civil-court.pdf
United States v. Bernard L. Madoff, 09 Cr. 213 (DC). Retrieved from http://www.justice.gov/usao/nys/vw_cases/madoff.html