Q:

 What's the difference between criminal and civil justice?

A:

A major difference between the Pennsylvania criminal and civil court systems is that in a civil case, you -- the crime victim -- control important decisions in your case. You decide whether to sue. You decide whether to accept a settlement offer. You decide whether to go to trial.

 The Pennsylvania Criminal Justice System

 The criminal justice process begins after a crime has been committed and reported to law enforcement. If an arrest has been made and charges have been filed, the offender may be prosecuted. In a criminal prosecution, the crime is considered “a crime against the State of Pennsylvania.” Your role is primarily as a witness for the prosecution.

 Although the prosecuting attorney may be very helpful to you and your family, the prosecutor represents not your interests, but the interests of the State of Pennsylvania. The criminal justice process judges the guilt or innocence of accused offenders, and when offenders are found guilty, works to punish or rehabilitate them.

 The Pennsylvania Civil Justice System

 The civil justice system does not attempt to determine the innocence or guilt of an offender. Also, offenders are not put in prison. Instead, Pennsylvania civil courts try to determine whether an offender or a third party is liable for the injuries you suffered as a result of the crime. A civil court’s finding of liability usually means that the defendant must pay damages to you or your family.

 The Pennsylvania civil justice system can provide victims with monetary resources necessary to rebuild their lives. In addition, the civil justice system often provides victims and their families with a sense of justice that criminal courts fail to provide. Rather than holding defendants accountable for their “crimes against the State of Pennsylvania,” the civil justice system holds defendants directly accountable to their victims.

 Burden of Proof

 In the Pennsylvania civil justice system, liability must be proven by a preponderance of the evidence, which means only that one side’s evidence is more persuasive than the other’s. In other words, the plaintiff must prove there is at least a fifty-one percent chance that the defendant committed all the elements of the particular crime. This standard is far lower than the “proof beyond a reasonable doubt” required for a criminal court conviction. Therefore, it is sometimes possible to find the defendant liable in a civil case even though the verdict in the Pennsylvania criminal case was “not guilty.” Also, a civil case can be successful even if the offender was never prosecuted.

A good example of this principle is the O.J. Simpson case. Simpson was prosecuted for the murder of his former wife, Nicole Brown, and her friend, Ron Goldman. In 1995, the jury in the criminal case found Simpson “not guilty” of the murders. Despite Simpson’s acquittal, the families of Nicole Brown and Ron Goldman filed a civil wrongful death lawsuit against Simpson. In 1997, a civil trial was held and Simpson was found liable for the deaths of Brown and Goldman. The jury in the civil case awarded the victims’ families $33.5 million in damages. While a criminal conviction may increase the chances of a perpetrator being held civilly liable, it is not a requirement for filing a civil lawsuit.

 IN A PENNSYLVANIA CRIMINAL CASE...

 -- the goal is to hold the defendant accountable to the State of Pennsylvania.

-- Pennsylvania State prosecutes and controls the case.

 -- the victim is only a witness. Although the victim may have rights to participate in the criminal justice process, the victim does not have the right to direct the prosecution of the case or to veto the prosecutor’s decisions.

 -- the State of Pennsylvania must prove that the perpetrator is guilty “beyond a reasonable doubt.”

 -- the perpetrator is presumed innocent until proven guilty.

 -- if a perpetrator is found guilty in a criminal court, the perpetrator is subject to punishment, such as probation or jail, and is held accountable to the State. The Pennsylvania crime victim will not get any money unless the court orders the defendant to pay restitution for the victim’s out-of-pocket expenses. The court cannot order restitution for non-economic damages.

 -- if the perpetrator is found not guilty, Pennsylvania State cannot initiate a second prosecution.

IN A PENNSYLVANIA CIVIL LAWSUIT...

-- the goal is to hold the defendant accountable to the crime victim.

 -- the crime victim initiates and controls the case.

 -- the crime victim is a party, and as such, is entitled to all important information relating to the case, and can make decisions about the direction of the case, such as settlement of the claim.

 -- the crime victim must prove that it is more likely than not that the perpetrator is liable.

 -- the civil system makes no such presumption. The victim and the perpetrator appear as equals.

 -- if the perpetrator is found liable in a Pennsylvania civil court, the perpetrator owes an obligation to the crime victim, such as money to compensate the victim for medical and therapy expenses, psychological damage, damage to family relationships, and lost wages. A Pennsylvania civil court can order the perpetrator to pay for non-economic damages, such as pain and suffering, and can also order punitive damages.

 -- the crime victim can sue the perpetrator in a civil court regardless of whether the perpetrator has been found guilty in a criminal prosecution.

The Monahan Law Practice
300 North Pottstown Pike
Suite 210
Exton, PA 19341-2233

Phone: (610) 363-3888
Fax: (610) 363-2429