ADVERTISEMENTS:

What are the differences between Criminal Justice and Civil Justice?

There are several factors which demarcate the differences between the criminal and civil justice. The main points are given below:

Justice - Community of Hope

Image source; communityofhopepdx.org/wp-content/uploads/2013/08/Justice-DANCE.jpg

Criminal Justice

  • All Criminal Wrongs are administered by Criminal Justice.
  • Examples: Theft, murder, rape, forgery, etc.
  • All crimes are public wrongs.
  • Generally, all Criminal proceedings are instituted by the State.
  • A crime is treated a harmful act to the entire society. Example: Murder, Killing a person primarily affects the deceased, but it badly affects on his family and also entire society. Therefore, all crimes are treated as injurious to the entire system.
  • The object of the criminal justice is to ‘punish’ the wrong-doer, ranging from death to fine.
  • Procedure: Criminal Justice is administered according to the set of Criminal Procedures.
  • The doctrine of estoppel does not apply to criminal justice.
  • “It is better that several guilty men should escape rather than one innocent should punished” is the function principle of English Criminal Law. The guilt must be proved beyond the doubt.
  • The rules of evidence cannot re relaxed by consent of the parties.
  • The cases once instituted cannot be compounded or withdrawn in the criminal justice. There are very few exceptions.
  • The burden of proof lies on the prosecution. The guilt must be proved beyond the doubt.
  • In the criminal cases, the obligation lies on the Court to bring all relevant evidence on the record so that justice is done.
  • ‘Benefit of doubt’ is given to the accused in criminal justice.
  • The criminal justice deals with remedial and breaches of duties. It is a corrective justice.
  • Criminal courts administer the Criminal Justice.

Civil Justice

  • All civil wrongs are administered by Civil Justice.
  • Examples: Breach of contract, trespass to land etc.
  • All civil wrongs are private wrongs.
  • Generally, the aggrieved person institutes the civil proceedings
  • Civil wrongs are deemed only to infringe the rights of the individual.
  • The object of the civil justice is to provide ‘compensation’ to the aggrieved and suffer by wrong-doer.
  • Procedure: Civil justice is administered according to the set of Civil Procedures.
  • The doctrine of estoppel applies only civil justice.
  • “It is better that several guilty men should escape rather than one innocent should punished.” This principle does not apply to civil proceedings.
  • The rules of evidence may be relaxed by the consent of parties.
  • The proceedings may be withdrawn by the parties with their own consent.
  • The burden of proof lies on both the petitioner and the defendant.
  • In the civil, it is the duty of the parties to place their case as they think best.
  • ‘Benefit of doubt’ principle does not arise in civil justice.
  • The civil justice deals with the distribution of wealth and honor. It is a distributive justice.
  • Civil courts administer the civil justice.
Kata Mutiara Kata Kata Mutiara Kata Kata Lucu Kata Mutiara Makanan Sehat Resep Masakan Kata Motivasi obat perangsang wanita