ABA Family Legal Guide

How the Legal System Works

Introduction to the Legal System

How does a criminal prosecution differ from a civil suit?

A criminal prosecution differs from a civil suit in several important ways. A criminal prosecution is brought by the government to punish an individual or corporation for committing a crime, and to deter that person and others from committing similar crimes. If there is a conviction it may result in payment of fines, restitution of property, probation, state-supervised rehabilitation, or incarceration.

Civil actions, on the other hand, provide a legal forum for persons seeking various remedies, including damages for their injuries and enforcement of contracts. Courts may, for example, provide remedies to plaintiffs who can demonstrate that a defendant has injured them while committing some legal wrong against them. Unlike a criminal case, the defendant who is found liable in a civil case cannot be sentenced to prison but, instead, may be ordered to pay compensation, or ordered to take certain steps or stop certain conduct.