ABA Family Legal Guide

How the Legal System Works

Introduction to the Legal System

Are there different standards for determining liability in a civil suit and guilt in a criminal case?

Yes. Our system of government places a very high value on protection of the individual from state action, and because a criminal conviction can result in a prison term or even a death sentence, the standard of proof required in a criminal case is higher than in a civil one.

In a civil suit, the question that a trial judge or jury must address when making a decision is whether a plaintiff has proven that it was more likely than not that the defendant was legally responsible for the plaintiff's injury or loss. This "preponderance of the evidence" standard means that if the evidence favors the plaintiff by even the slightest bit, the plaintiff is entitled to a verdict in his or her favor. In a criminal case, on the other hand, the standard is much higher: The prosecution must prove the defendant's guilt beyond a reasonable doubt. Even if it is more likely than not that a criminal defendant is guilty of the crime charged, the proper verdict is not guilty if there remains a reasonable doubt about his or her guilt.

The U.S. Constitution guarantees criminal defendants many rights. It has been interpreted to guarantee a defendant the right to a jury trial when there is the possibility of a conviction resulting in a prison or jail term of six months or more, and the right to have a lawyer appointed if the defendant cannot afford to hire one where there is a possibility of a loss of liberty. State constitutions may guarantee other rights, including rights to a jury trial in less serious offenses. These will be discussed in more detail in chapter 15, "Criminal Justice." The Seventh Amendment gives defendants a right to a jury trial in civil cases in some circumstances.