The different burdens of proof in civil and criminal court (more likely than not vs. beyond a reasonable doubt) are the most obvious difference between civil and criminal court. These forums also serve different purposes. Civil courts compensate victims and criminal courts punish offenders.
Sometimes, matters overlap in criminal and civil court. The 1990s O.J. Simpson murder saga is a good example. Following a sensational trial, a criminal jury acquitted Simpson. Then, following a low-key trial, a civil jury concluded that he was liable (legally responsible under civil law) for the crime.
When worlds collide, a Marietta criminal defense lawyer often wears two hats. The job is much the same. In civil court, attorneys protect the legal and financial rights of individuals. In criminal court, the focus is almost exclusively on legal rights.
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Hit-and-Run
LSA (Leaving the Scene of an Accident) is perhaps the best example of the different burdens of proof in criminal and civil court. It might also be the best example of the different purposes of these forums.
Criminal Court
Drivers could be charged with criminal LSA even if they weren’t at fault for the wreck. The state usually presses these charges if a defendant fails to:
- Provide his/her name, address, and registration number (many states don’t have this requirement),
- Display a current, valid drivers’ license,
- Render reasonable aid, including the making of transportation arrangements, to injured but conscious victims, and/or
- Call 9-1-1 if an injured victim is dead, unconscious, or otherwise unresponsive.
Furthermore, if the crash caused more than $50,000 in damage (usually if the other vehicle wasn’t drivable), the driver must report the crash to a local law enforcement agency.
In court, the state must prove that the defendant was behind the wheel at or near the time of the wreck. Because the burden of proof is so high, the state usually needs a voluntary confession or a credible eyewitness.
Confessions are subject to the Fifth Amendment’s right to remain silent. Officers cannot ask questions until they inform defendants of this right, and these defendants waive that right, usually because they answer the question anyway.
Credible eyewitnesses are very hard to come by in these cases. Most vehicles have at least partially tinted windows. At best, people looking from the outside see vague figures.
Sometimes, the state’s proof is a combination of these two. Someone who was in the car rolls on the defendant, or the defendant says something about the incident to a third party.
Civil Court
Prosecutors need overwhelming evidence in criminal court. But a Marietta personal injury lawyer only needs marginal proof in civil court.
In fact, in most cases, an attorney just needs a vehicle description and partial plate number, to locate the owner. It’s more likely than not that the owner was driving at the time. The vehicle description might come from the scene and the p[atrial plate number might be from a camera several blocks, or several miles, away. Once again, it’s more likely than not that the two vehicles are one and the same.
Assaut/Violent Crimes
These incidents spawn two legal proceedings, a compensation phase and a punishment phase, which take place in different courts.
Civil Court
Victim compensation in an assault or other personal injury case, as mentioned above, is a civil court matter. The responsible party could be:
- Assailant: Criminal and civil laws stress personal responsibility. In this situation, responsibility includes not only facing the music in criminal court, but also paying compensation in civil court. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Recall that battery is easier to prove in civil court than criminal court.
- Property Owner: Owners have a duty of care to keep invited guests reasonably safe. The duty to provide adequate security usually varies based on several factors, such as the type of business, the location of the business, the neighborhood’s crime rate, and prior similar incidents at that location or in the immediate vicinity.
- Assailant’s Employer: Similarly, employers have a duty to properly screen employees during the hiring process and properly supervise them afterwards. They cannot hire incompetent employees. People with bad tempers aren’t good customer service representatives. Furthermore, if misconduct allegations arise, employers must investigate them diligently and respond to them appropriately.
Most civil cases, like most criminal cases, settle out of court. Civil court settlement negotiations, however, are usually supervised.
Civil judges usually appoint professional mediators in contested cases. The mediator ensures that both sides negotiate in good faith. So, instead of going through the motions, they must try to settle the case and avoid trial. This attempt includes a responsibility to make reasonable offers and compromise if needed.
Criminal court negotiations are unsupervised and occur behind closed doors. As a result, many people criticize the plea bargain process, since it essentially gives prosecutors judicial powers. Usually, the state, which makes the first offer, decides the defendant’s punishment, and the judge signs approves the deal. But that’s the subject of a different blog.
Criminal Court
Financial responsibility is usually the biggest issue in civil court. Personal responsibility is usually the biggest issue in criminal court.
Police officers, who are basically professional witnesses, almost never witness assaults. So, the alleged victim, who has most likely never testified in court before, is usually the key witness.
Recall could be an issue. Frequently, both parties were drinking at the time. Additionally, the trial might be more than a year after the alleged assault. By that time, the alleged victim has most likely forgotten some key details.
The alleged victim’s motive could be an issue as well. That’s especially true in domestic battery matters. Alleged victims have been known to exaggerate, or even fabricate, battery charges to gain an advantage in a divorce or other civil proceeding.
Sometimes, the compensation phase and punishment phase overlap. If the defendant was charged with assault, the negligence per se rule could apply in civil court. Tortfeasors (wrongful actors) who violate safety laws and cause injury could be liable for damages as a matter of law. As for criminal court, restitution is a common condition of probation. Failure to pay restitution could be a violation of probation.
Injury victims and criminal defendants both need legal representation. For a free consultation with an experienced Marietta criminal defense lawyer, contact The Phillips Law Firm, LLC. After-hours and jail visits are available.
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