Civil Cases vs. Criminal Cases

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.

Civil vs. Criminal Cases Further Explained

Outcomes in a Criminal Case vs. Outcomes in a Civil Case

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

Outcomes in Civil Claims

Some of the different outcomes in civil claims include:

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.

Criminal Law Outcomes

The possible outcome in a criminal prosecution might include:

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.

Can a Criminal Case and Civil Case Be Brought for the Same Occurrence?

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.

An Example of Criminal and Civil Cases for the Same Incident

For example, the People of the State of California v. Orenthal James Simpson was the criminal case against OJ Simpson for allegedly murdering Nicole Brown Simpson and Ronald Goldman.

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

Does the Outcome of a Criminal Case and Civil Case Have to Be the Same?

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.