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Issues with criminal law

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Do you think it is fair to only allow states and the federal government to prosecute people under criminal law? What about the instances where people are harmed and die or are injured permanently due to negligence? Why should their cases only be allowed to be tried in civil court?

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Solution Summary

This solution compares and contrasts criminal and civil law and explains why certain cases are only tried in criminal court while others are only tried in civil court. The solution focuses particularly at the differences of the necessary burden of proof for both types of legal cases.

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Civil cases usually involve private disputes between persons or organizations. Criminal cases involve an action that is considered to be harmful and dangerous to society as a whole.

A key factor might be the difference in the burden of proof placed on each potential plaintiff. Liability in civil cases may be established by a preponderance of the evidence - the weight of evidence necessary for a judge or jury to decide in favor of the plaintiff (or the defendant). Guilt in ...

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