Difference Between Civil Litigation and Criminal Prosecution

Types of Administration of Justice:

• The administration of justice is civil as well as criminal. The social equilibrium of society is maintained through the machinery of criminal justice (criminal prosecution) in form of capital punishment, imprisonment, and fine. While the administration of justice in civil litigation is done in the form of civil remedies (damages, injunctions, specific performances, restitution of conjugal rights, divorce, etc.)

Difference Between Civil Litigation and Criminal Prosecution:

• Before studying criminal law it is important to distinguish between civil litigation and criminal prosecution. Civil and criminal cases share the same courts, but they have very different goals, purposes, and results. Civil wrongs are private wrong while criminal wrong is a public wrong. Hence the criminal wrong is more harmful. Hence to prevent criminal wrongs and to create fear among the public against the commitment of such wrong, the State becomes the prosecutor in criminal wrongs.

Parties in Litigation:

• Civil Litigation: The injured party can be an individual, corporation, or other business entity. When the civil suit is filed by the injured party, then the injured party is called the plaintiff. The term plaintiff is associated with civil litigation only. The alleged wrongdoer can be an individual, corporation, or other business entity. When the civil suit is filed by the injured party, then the alleged wrongdoer is called the defendant. Note that the wrongdoer is called a defendant in both civil litigation and criminal prosecution.
• Criminal Prosecution: If the defendant commits a crime as defined in IPC, the Government pursues the criminal prosecution. Thethe n government is the prosecutor. While wrongdoer is called the accused or the defendant.

When Applicable:

• Civil Litigation: For the start of Civil litigation the plaintiff must be a bona fide victim and can prove the harm to him. If there is no evidence of harm, the plaintiff has no basis for the civil litigation matter. The harm may be physical as injuries suffered in an accident, monetary as in case of breach of contract, or violation of legal rights.
• A defendant may be liable without fault in two situations. First, the law that the defendant violated may not require fault. Usually, this is referred to as strict liability. Strict liability torts do not require fault because they do not include an intent component. Second, where the defendant may be liable without fault is if the defendant did not actually commit any act but is associated with the acting defendant through a special relationship. The policy of holding a separate entity or individual liable for the defendant’s action is called vicarious liability (respondent superior).
• Criminal Prosecution: A criminal prosecution takes place after a defendant violates a state criminal statute (performs the act defined as a crime in Indian Penal Code), or in some jurisdictions.

Goals of Litigation:

• Civil Litigation: The goal of civil litigation is not to punish the wrongdoer but to compensate the plaintiff for any injuries and to put the plaintiff back in the position that the person held before the injury occurred.
• Criminal Prosecution: The goal of a criminal prosecution is to punish the convict. Injury and a victim are not necessary components of a criminal prosecution because the punishment is the objective, and there is no plaintiff. Thus the behavior can be criminal even if it is essentially harmless. Society does not condone or pardon conduct simply because it fails to produce a tangible loss. We can understand this with the following example.
• ‘A’ is angry because his friend ‘B’ duped him of money. ‘A’ gets his unlicensed gun, which has a silencer on it, and puts it in the glove compartment of his car. He then begins driving to ‘B’s house. While ‘A’ is driving, he exceeds the speed limit on three different occasions. ‘A’ arrives at ‘B’s house and then he hides in the bushes and waits. After an hour, ‘B’ comes into the balcony looks at the gate and turns around. When ‘B’ begins walking back to the room, ‘A’ shoots at ‘B’ two different occasions but misses, and the bullets end up landing in the garden. Due to use of silencer ‘B’ does not notice the shots.
• In this example, A has committed several crimes: (1) Carrying an unlicensed gun (criminal act) (2) Using a silencer (criminal act) (3) exceeding the speed limit three times (civil wrong). (4) He has the intention to harm B (mens rea) (5) He has planned for assault (Criminal conspiracy) (6) He fired the gun at B and committed the crime of attempted murder or assault with a deadly weapon (Criminal act). In any of this crime, there is no harm to anybody. However, common sense dictates that A should be punished so he does not commit a similar criminal act in the future that may result in harm.

Matter Under Discussion:

• Civil Litigation: In this case, the court decides whether the legal rights of the plaintiff are violated or not. If rights are violated then what is the amount of compensation or granting specific relief or injunction, etc.
• Criminal Prosecution: In this case, the court decides whether the accused under trial is guilty or not. If the accused is guilty then the extent and type of punishment is decided by the court.

Payment to Lawyer:

• Civil Litigation: A plaintiff must hire and pay for a lawyer to represent himself or herself. Hiring a lawyer is one of the many costs of litigation. Before filing such litigation the plaintiff has to take care of this factor. In civil litigation, both the plaintiff and the defendant must hire and pay for their own private lawyers. A defendant in a civil litigation matter must hire and pay for a lawyer (Defence Attorney) even if that defendant did nothing wrong. The right to a free lawyer does not apply in civil litigation, so a defendant who cannot afford a lawyer must represent himself or herself.
• Criminal Prosecution: The lawyer by the State is called the Public Prosecutor (PP) in India and state prosecutor or a district attorney in the US. The defendant in a criminal prosecution can be represented by a private lawyer or free attorney paid for by the State if he or she is unable to afford lawyer’s fees. The lawyer provided by the government is called public defenders. The court appoints a free lawyer to represent the defendant in a criminal prosecution because the Constitution is in effect in any criminal proceeding. The Constitution says that every criminal defendant facing incarceration has the right to legal representation, regardless of wealth.

The Burden of Proof:

• Civil Litigation: In the civil court system, individuals or organizations can bring each other to court. In this case, the burden of proof lies mostly on the plaintiff.
• Criminal Prosecution: It is the government that brings a case against the accused individual, and it is the government’s burden of proof to show the jury its case and the evidence that supports it.

Constitutional Protection:

• Civil Litigation: In this case, constitutional protection is not available.
• Criminal Prosecution: In this case, constitutional protection is available.