What is civil crime? How does it differ from criminal law?
What is civil crime?
• The person who received wrong is in control bringing forth charges.
• No one is sentenced to criminal sanctions like prison.
• Goal is to the defendant accountable to the victim.
• Victim initiates and control case.
• Victims has a role in the direction of the case.
• Victim must prove that it is more likely than not that the perpetrator is liable.
• Makes no presumption, he victim and perpetrator appear as equal.
• Sentencing is compensation for both economical and non-economical costs.
• Victim can sue perpetrator regardless of when the perpetrator was found guilty in criminal court.
How does it differ from criminal law?
• The prosecutor (The State) is in control of bringing forth charges.
• Sentences in harsher and can end with death.
• Hold the defendant accountable to the State.
• The victim is only a witness and has no rights to direct the prosecution of the case.
• The State must prove that the perpetrator is guilty "beyond a reasonable doubt".
• Sentencing is harsher (probation, prison, death) the victim rarely receives restitution for out-of-pocket expenses but not non-economic damages.
• If found not guilty the State can not initiate a second prosecution.
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