Criminal law and civil law are two very distinct areas of the legislative system, and knowing the differences between them is useful for all citizens.
Stick with us as we unpick the areas in which the two diverge, and discuss how criminal lawyers will act on behalf of their clients to represent them effectively.
Intent versus negligence
A useful way of thinking about criminal law versus civil law is that the former usually involves a deliberate action, while the latter typically revolves around a failure to act.
For instance, you won’t be charged with a crime if you don’t follow health and safety codes that apply in your area which result in customers getting sick, but you could face a civil suit.
On the other hand, when one person attacks and kills another individual deliberately, this is an unambiguously criminal act, and is treated as such in law.
The burden of proof
To be convicted in a criminal or civil trial, the amount of proof required is not the same. Those accused of crimes must have their wrongdoing proved beyond a reasonable doubt, while those facing civil charges only need to have clear and convincing evidence against them.
In short it’s harder to get a criminal conviction because the burden of proof is greater, in part because the punishments are also more severe.
The potential repercussions
In terms of being punished when found guilty in a criminal case, jail time is the common toll levied against defendants.
For civil cases, the fallout is typically financial, and may also factor in behavioral changes. Cases of this kind can be dealt with without going to trial, with settlements that satisfy both parties while liability is not admitted.
How criminal lawyers operate
There’s a lot to learn about what attorneys in the criminal field get up to, such as:
Criminal lawyers will have in-depth knowledge of your local court
When defending a crime charge in Superior Court, or any other regional court of law, a local legal expert will know the ins and outs of the system and also be familiar with all of the people working in this context.
This makes them well suited to representing clients successfully, even if the charges against them are serious and the potential punishments steep.
Criminal lawyers will investigate cases
Top tier attorneys don’t just rely on evidence presented to them by others to build defenses for their clients. They’ll typically choose to carry out their own investigations, ideally identifying facts and pieces of evidence which might otherwise have been missed.
Interviewing witnesses and establishing how their testimony might hold sway over the course of the trial is part of this process, particularly where independent experts are concerned.
Likewise any aspects of the prosecution’s case against the defendant is up for review by the criminal lawyer representing them. It’s all about ensuring complete fairness and parity of access to information.
Criminal lawyers will influence jury selection
If you’ve ever seen a courtroom drama movie, you might have watched scenes in which the jury selection takes place.
This is a pivotal part of what a criminal lawyer does to represent their client, because by vetting the jury it’s possible to eliminate any chances of members being biased against the defendant, which would contravene your rights.
Criminal lawyers will aim to avoid a trial if possible
While it is of course part and parcel of a criminal lawyer’s job to stride out in front of a jury and speak to the judge and witnesses on behalf of their clients if a case goes to trial, this is rarely the most desirable direction to go in.
Attorneys will prefer to either get the case thrown out before a trial can commence, or to use plea bargaining to reach an agreement on charges and punishment so that a trial is not necessary.
Final thoughts
The law is there for all of us, and it’s only with an attorney on your side that you can ensure your rights are upheld and your case is dealt with fairly, whether it’s serious criminal charges or a civil suit that you are facing down.
