Assignment:
150 words replay to each questions
Q 1.
a. Discuss the primary differences between civil litigation and criminal prosecution.
b. Why are criminal defendants given more rights than civil litigants? Provide some examples of the rights afforded to criminal defendants.
c. It is possible to be found not guilty in criminal court, but to be found guilty in civil court. Explain how this is possible. Provide an example of a scenario where this might be the case such as, murder versus wrongful death or assault versus personal injury.
Q2.
The term civil litigation is a legal process applied to non-criminal matters. Matters that seek resolution not through criminal charges but legal disputes (Harvard Law School n.d.). Matters such as landlord/tenant disputes, real estate lawsuits, workers compensation claims and divorce lawsuits (Harvard Law School n.d.). A criminal prosecution simply is a legal term that refers to the trial process in which gives a suspected criminal a fair trial. This can be at the federal, state and or local level (Harvard Law School n.d.). So as one can see the primary difference between the two is, civil litigation deals with non-criminal matters where criminal prosecution does. Once other difference is usually a civil litigation does not usually make it to court and is settled between the two parties where criminal prosecution usually settles in court (Harvard Law School n.d.). That said another difference between the two is goal or the outcome of the matter (Storm, 2012).
The reason criminal defendants are given more rights than civil litigants is due to the fact that the punishments are a lot more severe. These defendants could lose their life and or liberty where in a civil litigation only have the risk of losing money (Storm, 2012). An example of this can be used in the trial that took place in the O.J. Simpson trial where his lawyer utilized their Six Amendment right of a speedy trial (Storm, 2012). More examples of rights that are afforded to criminal defendants can be found in the Constitution. Some examples being the right to be free from self-incrimination, presumption of innocence and the right to be free from excessive bail (hg.org).
Yes, it is possible to be found not guilty in criminal court but to be found guilty in civil court. This is because even though a crime was not committed doesn't mean there is no civil lawsuit present. For example, if someone crashes their vehicle into someone else's on accident they should still have some kind of consequence. That said, since there has been no crime committed doesn't mean the individual that caused the accident should not have any punishments. That's where civil court comes into effect where they can sue for damages done to the person who was hit. Damages such as bodily and psychological harm. Now say the person who caused the accident killed the person in the vehicle they hit. They can now be sued for psychological damages done to the family or sued due to the fact that if the person killed had a family they took care of, now will not be able to so the victim's family will be compensated in civil court (Harvard Law School n.d.).
-Jonah
Harvard Law School. (n.d.). Litigation: Trial.
Harvard Law School. (n.d.). Criminal: Prosecuting Offices.
Storm, L. (n.d.). Criminal Law.
Q3.
1. Civil litigation and criminal prosecution have different goals and purposes. Civil litigation is a legal action between two individuals to resolve a dispute such as a personal injury claim for example. Civil litigation may be filed in state or in federal court, based on the issues involved. Criminal prosecution is a legal action where the government prosecutes a defendant to protect the public. Its a legal proceeding instituted in a proper court room on behalf of the public for the purpose of securing the conviction and punishment against a defendant for criminal behavior.
2. Once an individual is arrested for a crime and charged, they become a criminal defendant. They have a right to remain silent, right to an attorney and have a public trial. Civil litagation deals with civil cases with one person against another person without attorneys or representation. We see this a lot of those court tv shows during the day time.
3. Since criminal court and civil court are two different things, yes one person could be found not guilty in a criminal court and guilty in a civil court. An example of this would be the OJ Simpson case. He was found not guilty for the murders on Nicole and Goldman in a criminal case but a civil jury found him guilty and responsible for the the two deaths. While a criminal jury might reasonably fail to find guilt beyond a reasonable doubt and acquit an accused, a civil jury might also reasonably find by a preponderance of the evidence that a defendant 's unlawful conduct results in civil liability.
Introduction to criminal law,