In the United States, to put someone in prison you must prosecute them under a certain set of laws and procedures. Every state differs a bit, but generally not much.
CRIMINAL LAW Is a small section of American law and American Court Cases. There must be a specific law outlining the elements of the crime and the specific punishment allowed. (The court can impose different penalties, but the only thing backing up the requirement of the penalties is the threat of jail. Fines are often the only exception.) Another excepting is that there are often limits on what a convicted felon can do (vote for example) but those are set up based on other statutes and the status of the person as a felon. The court may order, for example, probation with certain terms... Like in a DUI, they will require an ignition interlock device on any car you own. But if you refuse to have the interlock device installed, the only resort the Court can turn to is Jail. Once a convict has maxed out on the prison/jail term set for that crime, he is done with the punishments.
CIVIL LAW In Civil Law (for the most part) one can be sued, by the State or Corporations or Individuals based on COMMON LAW (it can even rarely be English Common law), a Contract can set up a specific framework for how the law can be applied outside of Common Law, but the Common Law surrounding Contract Law still applies. Sometimes the Common Law allows or brings in elements of Criminal Law. Florida for example will allow on to seek punitive damages in tort if you can make a showing that the person you are suing broke a Criminal Law in the process of the Tort. (Example, a Drunk Driver causes an accident that injures you.) An example other than the Florida punitive damages law is what the New York Courts did to Donald Trump in the $550,000,000 judgement against him. That money is not a Criminal Fine... it is a civil fine, but it was able to be imposed (in part) because the Court found that the Trump Organization broke criminal laws.
FAMILY LAW is a subset of Civil Law, but again it does sometimes use criminal statutes, but it is set up in the CIVIL standards and requirements. For example in most States and in most situations there are no juries in Family Law.
Civil law is a MUCH LARGER area of the law and the vast majority of cases are Civil.
In Criminal Law one ALWAYS has a right to a Jury, unless it is waived. In Criminal Law the Defendant has a 5th Amendment right against self incrimination. (sometimes in civil law a witness can plead the 5th, but only because his testimony might be used against him in a Criminal Case.) In a Criminal Case, you can never force the Defendant to testify, but she can chose to testify. In Civil law, unless the Court allows someone to plead the 5th you can almost always require the Defendant to testify. I have called Defendants to the stand many times, against their will. There are separate rules of procedure in Criminal Cases than in Civil Cases. In a Criminal Case, the Government (A sworn prosecutor either brings charges in smaller cases, or gets an indictment in bigger cases. In Florida an indictment is only required in Capital Cases, but a Charging Document signed by a sworn Prosecutor is still required to sign a charging document outlining in specificity what Criminal Statute was violated and the maximum legal punishment can be.
It is very clear to the DEFENDANT when they are being charged CRIMINALLY. In fact usually a bond is required to remain at liberty (out of jail). If Florida a Police Officer can and often does give you a Notice to Appear, but that is not an official criminal charge, it is a notice to go to Court where you will proceeded only if the State Prosecutor has filed any Charges, if they neglect or decline to file charges, you are free. This is different from Civil Court, where you are simply issued a summon to appear in court by a party other than the police, although it might be the Government.
There is more to this, but it is clear in the cases where several states tried to remove Trump from the Ballot Civil Law was used. THE SUPREME COURT DID NOT OVERRULE THE LOWER COURTS FINDINGS BECAUSE CRIMINAL LAW WAS NOT FOLLOWED, they overruled the case because they determined only the FEDERAL GOVERNMENT CAN MAKE THOSE DECISIONS. In fact, they said CONGRESS CAN DO IT, and CONGRESS does not CAN NOT prosecute Criminal Cases. CONGRESS CAN USE CRIMINAL LAW to Impeach someone, but they cannot impose criminal punishments and are not required to use CRIMINAL PROCEDURE. Criminal procedure is a part of DUE PROCESS in Criminal Cases, but it is not a required element of DUE PROCESS in Civil Cases.
In Criminal law the defendant has many more protections.
CRIMINAL LAW Is a small section of American law and American Court Cases. There must be a specific law outlining the elements of the crime and the specific punishment allowed. (The court can impose different penalties, but the only thing backing up the requirement of the penalties is the threat of jail. Fines are often the only exception.) Another excepting is that there are often limits on what a convicted felon can do (vote for example) but those are set up based on other statutes and the status of the person as a felon. The court may order, for example, probation with certain terms... Like in a DUI, they will require an ignition interlock device on any car you own. But if you refuse to have the interlock device installed, the only resort the Court can turn to is Jail. Once a convict has maxed out on the prison/jail term set for that crime, he is done with the punishments.
CIVIL LAW In Civil Law (for the most part) one can be sued, by the State or Corporations or Individuals based on COMMON LAW (it can even rarely be English Common law), a Contract can set up a specific framework for how the law can be applied outside of Common Law, but the Common Law surrounding Contract Law still applies. Sometimes the Common Law allows or brings in elements of Criminal Law. Florida for example will allow on to seek punitive damages in tort if you can make a showing that the person you are suing broke a Criminal Law in the process of the Tort. (Example, a Drunk Driver causes an accident that injures you.) An example other than the Florida punitive damages law is what the New York Courts did to Donald Trump in the $550,000,000 judgement against him. That money is not a Criminal Fine... it is a civil fine, but it was able to be imposed (in part) because the Court found that the Trump Organization broke criminal laws.
FAMILY LAW is a subset of Civil Law, but again it does sometimes use criminal statutes, but it is set up in the CIVIL standards and requirements. For example in most States and in most situations there are no juries in Family Law.
Civil law is a MUCH LARGER area of the law and the vast majority of cases are Civil.
In Criminal Law one ALWAYS has a right to a Jury, unless it is waived. In Criminal Law the Defendant has a 5th Amendment right against self incrimination. (sometimes in civil law a witness can plead the 5th, but only because his testimony might be used against him in a Criminal Case.) In a Criminal Case, you can never force the Defendant to testify, but she can chose to testify. In Civil law, unless the Court allows someone to plead the 5th you can almost always require the Defendant to testify. I have called Defendants to the stand many times, against their will. There are separate rules of procedure in Criminal Cases than in Civil Cases. In a Criminal Case, the Government (A sworn prosecutor either brings charges in smaller cases, or gets an indictment in bigger cases. In Florida an indictment is only required in Capital Cases, but a Charging Document signed by a sworn Prosecutor is still required to sign a charging document outlining in specificity what Criminal Statute was violated and the maximum legal punishment can be.
It is very clear to the DEFENDANT when they are being charged CRIMINALLY. In fact usually a bond is required to remain at liberty (out of jail). If Florida a Police Officer can and often does give you a Notice to Appear, but that is not an official criminal charge, it is a notice to go to Court where you will proceeded only if the State Prosecutor has filed any Charges, if they neglect or decline to file charges, you are free. This is different from Civil Court, where you are simply issued a summon to appear in court by a party other than the police, although it might be the Government.
There is more to this, but it is clear in the cases where several states tried to remove Trump from the Ballot Civil Law was used. THE SUPREME COURT DID NOT OVERRULE THE LOWER COURTS FINDINGS BECAUSE CRIMINAL LAW WAS NOT FOLLOWED, they overruled the case because they determined only the FEDERAL GOVERNMENT CAN MAKE THOSE DECISIONS. In fact, they said CONGRESS CAN DO IT, and CONGRESS does not CAN NOT prosecute Criminal Cases. CONGRESS CAN USE CRIMINAL LAW to Impeach someone, but they cannot impose criminal punishments and are not required to use CRIMINAL PROCEDURE. Criminal procedure is a part of DUE PROCESS in Criminal Cases, but it is not a required element of DUE PROCESS in Civil Cases.
In Criminal law the defendant has many more protections.
