CIVIL & CRIMINAL VIOLATIONS - CIVIL RIGHTS LAW

Differences between a Civil and a Criminal Civil Rights Violation

A criminal civil rights violation requires the use or threat of force.

Other distinctions between criminal and civil cases brought by the Government are:

	CRIMINAL	CIVIL
Who is charged:	Accused person	Usually an organization
Standard of proof:	Beyond a reasonable doubt	Preponderance of evidence
Fact finder:	Jury	Judge
Victim:	Identified individuals	Individuals and/or representatives of a group or class
Remedy sought:	Prison, fine, restitution, community service	Correct policies and practices, relief for individuals
Govt's right to appeal:	Very limited	Yes

Criminal cases are investigated and prosecuted differently from civil cases. More and stronger evidence is needed to obtain a criminal conviction than to win a civil suit. Should the defendant be acquitted, the Government has no right of appeal. A federal criminal conviction also requires a unanimous decision by 12 jurors (or by a judge only if the defendant chooses not to have a jury).

Civil cases are usually heard by a judge, but occasionally a jury will decide the case. Both criminal and civil cases can be resolved without a trial where both sides agree and with the concurrence of the judge; this is done by a plea agreement in a criminal case and by a consent decree in a civil suit. In criminal cases, judges must use the Federal Sentencing Guidelines in determining the defendant's punishment, whereas judges in civil suits may or may not adopt remedies as recommended by the Government when it wins.