Digging Deeper - Civil Case vs. Criminal Case

Well today we awoke and there were no anticipated Supreme Court rulings, no hot-button legal opinions and no breaking news from the courtroom, but that doesn't mean the judicial world stopped spinning.  In fact, we now have a little more time to look more closely at what the Supreme Court ruled, how they formed their opinions and other basics of law.  As you turn on the news or pick up a paper, there will be no shortage of analysis on the major Supreme Court rulings announced the past week, especially pertaining to the Voting Rights Act and same-sex marriage.  However, to have a more comprehensive understanding of the cases it is important to be familiar with basic terms and attributes casually thrown around in discussions.  I am constantly looking up legal jargon and theories just to get through a day at work, let alone understand complex cases.  One important aspect of law often overlooked is the difference between Civil Cases and Criminal Cases.  Personally I always assumed I understood the differences between a civil suit and a criminal suit, however I realized if I was put on the spot I would struggle to provide legitimate details of their differences.  So I wanted to simply break down each in a simple and straightforward manner.

Civil Cases: United States v. Windsor (one of the same-sex marriage cases announced yesterday)

• Involves a private dispute between two or more parties, or more simply, a person who feels he/she has been wronged and brings action against the wrongdoer.
• A person or entity (like a corporation) claim to be wronged and are called the Plaintiff.
• The accused wrongdoer (person or entity being sued) is called the Defendant.
• It is up to the Plaintiff to prove they have been wronged.
• The plaintiff can ask the court for compensation or that their denied rights be protected.
• Can be brought in state AND federal court.
• An example of a state civil case would be a person suing another person
• An example of a federal civil case would be a person suing because a federal statute was denied - The plaintiff in United States v. Windsor felt her constitutional right was being infringed and she won.
• Usually, the defendant cannot go to jail if they lose.  Compensation, cease and desist, and other forms of damages are usually ordered.

Criminal Cases: State of Florida vs. George Zimmerman (the current case pertaining to the death of Trayvon Martin)

• Based on an offense to society's rules with a suit brought by the local, state, or federal government.
• Police are involved in the investigation of a crime.
• The local, state, or federal government is acting on behalf of the people and are the plaintiff.  A state or U.S. attorney represents the people in the court and serve as the Prosecution.
• The accused are also called the Defendant, but are presumed innocent until proven guilty and it is up to the Prosecution to prove their guilt.
• It is not the victim's responsibility to bring about a criminal case (although there is not always a victim e.g. someone arrested for DUI).
• A defendant receives a sentence if found guilty, which can range from monetary penalty, imprisonment, supervision within the community or a combination of all three.

These are just some of the basic differences between a civil case and a criminal case that I found helpful in quickly differentiating between the two!