Criminal law

Warming-up

1. Is there a clear distinction between civil and criminal procedures in your country?

2. Can you explain what the word "crime" means?

3. Is there any difference between serious and less serious crimes?

Read the text and say again what "crime" is.

CRIMINAL AND CIVIL CASES

Crime is a violation of a law that forbids or commands an activity. Such crimes as murder, rape, arson are on the books of every country. Because crime is a violation of public order, the government prosecutes criminal cases.

Courts decide both criminal and civil cases. Civil cases stem from disputed claims to something of value. Disputes arise from accidents, contractual obligations, and divorce, for example.

Most countries make a rather clear distinction between civil and criminal procedures. For example, an English criminal court may force a defendant to pay a fine as punishment for his crime, and he may sometimes have to pay the legal costs of the prosecution. But the victim of the crime pursues his claim for compensation in a civil, not a criminal, action.

Criminal and civil procedures are different. Although some systems, including the English, allow a private citizen to bring a criminal prosecution against another citizen, criminal actions are nearly always started by the state. Civil actions, on the other hand, are usually started by individuals.

Some courts, such as the English Magistrates Courts and the Japanese Family Court, deal with both civil and criminal matters. Others, such as the English Crown Court, deal exclusively with one or the other.

In Anglo-American law, the party bringing a criminal action (that is, in most cases the state) is called the prosecution, but the party bringing a civil action is the plaintiff. In both kinds of action the other party is known as the defendant. A criminal case against a person called Ms. Brown would be described as "The People vs. (versus, or against) Brown" in the United States and "R. (Regina, that is, the Queen) vs. Brown" in England. But a civil action between Ms. Brown and Mr. Smith would be "Brown vs. Smith" if it was started by Brown, and "Smith vs. Brown" if it was started by Mr. Smith.

Evidence from a criminal trial is not necessarily admissible as evidence in a civil action about the same matter. For example, the victim of a road accident does not directly benefit if the driver who injured him is found guilty of the crime of careless driving. He still has to prove his case in a civil action. In fact he may be able to prove his civil case even when the driver is found not guilty in the criminal trial.

Once the plaintiff has shown that the defendant is liable, the main argument in a civil court is about the amount of money, or damages, which the defendant should pay to the plaintiff.