Module 2
Overview of the Criminal Justice System

Basic Differences Between Criminal and Civil Systems

In the United States we have two separate legal systems: a civil system and a criminal system. This online training provides a primer on the U.S. criminal legal system. At the outset, however, it is important to understand the key differences between the criminal and civil legal systems. The parties to the actions, the purpose of the case, and the remedies available all differ between the two justice systems. Following is an outline of each of these differences in the context of a sexual assault case.

Parties

Criminal

Civil

The case is brought by the government, which is represented by the prosecutor (often referred to as the District Attorney or State’s Attorney). The prosecution is often referred to in court as the “people” or the “government”.

The case is initiated by the sexual assault victim, who in this context is known as the “plaintiff,” usually represented by a lawyer.

The victim chooses his/her own lawyer.

The defendant is accountable to the government.

The defendant is accountable to the victim.

The prosecutor is not the victim’s lawyer. The sexual assault victim is the government’s witness. The victim does not control the decisions that determine the shape of the case, including what, if any, charges will be brought or the terms of a negotiated plea bargain.

The victim controls all of the essential decisions that shape the case.

Purpose

Criminal

Civil

To judge whether the defendant is guilty or not guilty of committing a crime.

To judge whether the defendant is legally responsible for causing the plaintiff’s “injuries.”

The evidence must establish that the defendant is guilty beyond a reasonable doubt.

The evidence must establish that the defendant is more likely than not responsible for the victim’s “injury.”

Remedies

Criminal

Civil

Upon a finding of guilt, to punish or rehabilitate the defendant.

This can be prison time (more than a year), jail time (less than a year), a term of probation, monetary restitution to the victim, a fine, an order of protection, or a combination of these.

Upon a finding of responsibility for the victim’s injuries, to provide monetary damages to the victim, injunctive relief (which prohibits the defendant from continuing a specified action), an order of protection, or a combination of these.

This module will be available to you as soon as you complete Module 1. To complete a module, you must read each of the lessons and complete the review quiz at the end.

It is important to finish Module 1 so that you have sufficient context for the rest of the program. After that, you'll have full access to jump between lessons however works best for you.

Tip: In the left sidebar, you'll notice a vertical bar of squares. Each square represents a lesson in that module. You can see at a glance which lessons you've done (brightly colored) and which ones you have not (gray).

Return to Module 1