Civil vs. Criminal Courts Law Enforcement I. Copyright and Terms of Service Copyright © Texas...

Civil vs. Criminal CourtsLaw Enforcement I

Copyright and Terms of Service

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Type of Laws

• There are two types of laws:– Civil – Criminal

• Constables enforce both types• Most other peace officers only enforce

criminal law, but often come in contact with civil law cases

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Why is it Important to Know the Difference?• Peace officers need to know the

difference so they know when they can legally act on something

• Officers are oftentimes called out to civil cases but cannot enforce any laws



Why is it Important to Know the Difference? (continued)

• In these cases the officers are expected to maintain order and ensure no violence occurs, or make an arrest if an assault does occur

• These are often called civil standbys



• Examples of civil standbys are– Child custody drop off or pick up situations– Landlord and tenant disputes

• Officers cannot enforce any court orders related to these calls but can document for future court proceedings what happened

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• Officers can always be called to testify as witnesses at a civil trial, just like in a criminal trial

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What is the Difference?

• Civil law concerns the private rights of individuals and organizations in which the government provides a public forum for the resolution of disputes.



What is the Difference? (continued)

• Criminal law involves the violation of statutory laws in which the state (the government) is the prosecutor

• Some examples are arson, rape, and armed robbery



• The burden of proof in civil cases is considered to be a “preponderance of the evidence” which means more likely than not the person accused of the wrong did it

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• The state’s burden of proof in a criminal case is to prove a defendant’s guilt “beyond a reasonable doubt” which is a much higher standard than what has to be proven in a civil case

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• In a civil case, the one bringing the case is the plaintiff or petitioner and the one defending is the respondent

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• In a criminal case, the prosecutor is the one who brings the charges and the defendant is the one defending

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• Civil law can include private law and contract law– Private law includes redress for non-criminal harm

done to another– Contract law regulates the varied legal transactions

between groups and individuals

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• Violations of statutory laws are called crimes• Serious crimes are called felonies, and less

serious ones are called misdemeanors

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• The punishment for civil law is often monetary, which is paid to another person or institution

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• The punishment for criminal law could be monetary, time spent in jail or prison, probation, community service, or all of the above, plus a report of this on a defendant’s criminal record if they are found guilty

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• Civil law– Deals primarily with individual or property rights– Involves a concept of responsibility but not guilt– Usually everyone involved is a private party– A dispute is usually set out in a petition– The court remedy is relief from or compensation

for the violation of legal rights

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• Criminal law– Deals with public concepts proper behavior and

morality as defined by law– The case is initiated by a government prosecutor

on behalf of the public– Specific charges of wrongdoing are spelled out in a

grand jury indictment or a writ of information

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• Criminal law– On arraignment, the defendant enters a plea of

guilty or not guilty– Has strict rules of procedure that are used to

evaluate evidence– Determination of guilt results in punishment

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Resources

• 020547893X, Criminal Justice, James Fagin, 2006.

• 111134471X, American Government and Politics Today (Texas Edition), Steffen W. Schmidt, Mack C. Shelley, Barbara A. Bardes, Lynne E. Ford, and William Earl Maxwell, 2011.



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