Causas civiles frente a causas penales

A civil case vs. a criminal case differs in several fundamental ways. In a personal injury case (a type of civil claim), the plaintiff (victim) and their personal injury lawyer must prove their case by a preponderance of the evidence—meaning 51% of the evidence supports the plaintiff. In a criminal case, however, the State has to prove the defendant’s guilt beyond a reasonable doubt in order to convict them. A major difference between the two is who has the burden of proof—the plaintiff or the defendant.

Explicación detallada de los asuntos civiles y penales

Resultados en un caso penal frente a resultados en un caso civil

One important difference between the criminal and civil justice systems is the outcomes they can produce in court.

Resultados de las demandas civiles

Algunos de los diferentes resultados en las demandas civiles incluyen:

Dismissal

Dismissal happens when all or a portion of the case is thrown out of civil court because evidence or testimony has persuaded the judge that the plaintiff cannot prove their case. Civil suits can be dismissed with prejudice (meaning final), or without prejudice (meaning the issue can be reconsidered for legal action).

Settlement

This legal agreement outlines where the parties agree to pay money or perform a specific act to resolve the dispute(s) in question. Typically, the agreement remains confidential, and the alleged at-fault individual or entity does not admit fault by signing the settlement.

Judgment in Favor of the Plaintiff/Defendant

A judgment in favor of the plaintiff or defendant, whether decided by a judge or jury trial, signifies that the party has won the case. When a plaintiff receives a judgment in their favor, it’s for a monetary amount or a specific act. When a judgment is in favor of the defendant, this means that the defendant was found not responsible.

Resultados del Derecho penal

El posible resultado en un proceso penal podría incluir:

Dismissal

Dismissal is when all or a portion of the criminal law case is thrown out because evidence or testimony has persuaded the judge that the district attorney on behalf of the State or Federal Government cannot prove their case. Criminal cases can be dismissed with prejudice (meaning final) or without prejudice (meaning the issue can be reconsidered).

Nolle Prosequi

Nolle prosequi is Latin for “we shall no longer prosecute.” In criminal trials, this is a record entry by a prosecutor stating that charges cannot be proved or that evidence shows innocence or a flaw in the case. Nolle prosequi can be entered anytime after charges are filed but before a verdict or plea. In most cases, prosecutors need a judge’s approval.

Not Guilty

This is a plea entered by a defendant in criminal cases. Often erroneously confused with a claim of innocence, technically a plea of not guilty simply compels the prosecution to prove every element of the offense beyond a reasonable doubt. When the jury (or a judge sitting without a jury) acquits a defendant after trial, they return a verdict of “not guilty,” which indicates their conclusion that the prosecution did not meet its burden of proving the defendant’s guilt beyond a reasonable doubt.

Plea Agreement or Plea Bargain

Defendants and prosecutors enter into these agreements. In these cases, defendants agree to plead guilty to some or all charges in return for certain concessions from the prosecutors.

Guilty

Guilty is a plea entered by a defendant in a criminal case, which admits to fault of the crime or a finding of fault by the jury. Also note that in a criminal case where the defendant is proven guilty, the outcome may result in jail time, prison sentences, probation, community service, or other court monitoring.

¿Pueden incoarse una causa penal y una civil por el mismo hecho?

Yes. A criminal law case can be filed against a defendant accused of breaking the law or committing a crime, alongside a civil lawsuit that alleges fault against the same individual.

Un ejemplo de causas penales y civiles por el mismo incidente

Por ejemplo, el Pueblo del Estado de California contra Orenthal James Simpson fue la causa penal contra OJ Simpson por el presunto asesinato de Nicole Brown Simpson y Ronald Goldman.

Ronald Goldman and Nicole Brown Simpson’s family filed a civil wrongful death lawsuit against OJ Simpson following the criminal trial.

¿Tiene que ser igual el resultado de una causa penal y de una causa civil?

Not necessarily. Criminal and civil cases can have different outcomes, even with the same evidence. The burden of proof is higher in criminal legal cases, making them harder to prove than in civil cases.

For example, in the OJ Simpson case, he was acquitted of murder in his criminal trial but found responsible in the wrongful death suit filed by the victims’ families. The jury awarded monetary damages to the families.