1. Civil vs. Criminal Courts
Law Enforcement I

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3. 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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4. 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
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5. 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
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6. Why is it Important to Know the Difference? (continued)
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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7. Why is it Important to Know the Difference? (continued)
Officers can always be called to testify as witnesses at a civil trial, just like in a criminal trial
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8. 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.
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9. 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
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10. What is the Difference? (continued)
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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11. What is the Difference? (continued)
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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12. What is the Difference? (continued)
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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13. What is the Difference? (continued)
In a criminal case, the prosecutor is the one who brings the charges and the defendant is the one defending
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14. What is the Difference? (continued)
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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15. What is the Difference? (continued)
Violations of statutory laws are called crimes
Serious crimes are called felonies, and less serious ones are called misdemeanors
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16. What is the Difference? (continued)
The punishment for civil law is often monetary, which is paid to another person or institution
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17. What is the Difference? (continued)
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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18. What is the Difference? (continued)
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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19. What is the Difference? (continued)
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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20. What is the Difference? (continued)
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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21. Resources 020547893X, Criminal Justice, James Fagin, 2006.
X, 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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