Читать книгу Criminology For Dummies - Steven Briggs - Страница 41

Most civil and criminal laws alike are created to redress wrongs or to compel good behavior. However, civil law and criminal law have unique characteristics that distinguish them from each other. For example:

 A civil lawsuit is almost always between private parties, but only the government can bring a criminal proceeding.

 Only in criminal law can a person lose his freedom and be sent to jail or prison. When a plaintiff (the person bringing the case) wins a civil lawsuit, he typically gets an award of money, but he can’t put the other party (the person defending the suit, otherwise known as the defendant) in jail.

 In criminal law, the defendant has certain constitutional rights that a defendant in a civil lawsuit doesn’t have. The following rights are some of the more important constitutional rights a defendant has in a criminal case:The right to have a jury decide guiltThe right to confront witnesses and cross-examine themThe right to have a lawyer represent the defendantThe right to “remain silent” without that silence being used against the defendant in court (In other words, no one can force the defendant to take the witness stand.)The right to have a speedy trialThe right to be found guilty only by a standard of “beyond a reasonable doubt”