What Makes Criminal Law Unique?

Answer 1

Criminal law is a branch of law that stands apart from all other areas of law. Most legal documents and law suits pertain to disputes between individual parties or groups of parties. A person, company or other legal entity that has been wronged and has a grievance brings suit against another. These disputes between parties are handled in civil court. Some actions, however, are considered to be so serious that, as a matter of public policy, they can be prosecuted by representatives of the citizenry as a whole. These people are called prosecutors and they bring cases in criminal actions.

For example, imagine two companies sign a document agreeing that company A will provide materials to company B for an agreed price. If company B refuses to pay after accepting delivery, then company A may sue for breach of contract under the principles of contract law. If company B counter-sues, claiming the materials were defective, then there is a codified body of law called the Uniform Commercial Code, which would apply. If company B further claims that some of the materials exploded, injuring employees while they were unpacking the delivery, then tort law, which covers personal injuries, would apply. All of these claims would be argued and settled in civil court, which handles all cases which are not criminal.

If, however, it is discovered that employees or executives of company A purposefully planted explosives in the delivered goods, then a criminal investigation would be opened. In a separate court, under the supervision of a different judge, a second case could be brought, charging certain individuals at company A with crimes. Such an investigation could even be brought if it is found that the explosions were caused as a result of a level of negligence that rises to a criminal level.

Because the wrongs committed in a criminal case have been deemed by society to be more serious and threatening than those handled in civil court, the penalties are likewise more severe. Civil case are normally concluded, whether by settlement or trial, with the distribution of money. While financial penalties are common in many criminal cases, only in criminal cases can someone's freedom be in jeopardy. Likewise, because the potential consequences are more severe, the protections afforded the target of a criminal case are also increased. Therefore, criminal defendants have rights meant to protect them from the enormity of the government's resources.

Answer 2

Criminal law is unique because it deals with offenses against society as a whole, rather than just individual victims. It involves the prosecution by the government of individuals accused of committing crimes, and the potential consequences of conviction can include incarceration, fines, and other penalties. Criminal law also has specific procedural rules and standards of proof that must be met in order to secure a conviction.