What is the differentiating factor in criminal vs civil law?

[mate]

And how has the separation of both forms of law from traditional American law, over time, assisted the activity of organized criminal activity by misdirecting it into civil cases?

[eddis]

There are several differences. But, I'll break them down in simple terms here.

Criminal Law

A criminal law is one that is designed to protect the safety and security of the public. (Simplest and most basic definition.)

In a criminal law, you have two parties in the legal action; the victim and the defendant.

The victim is represented by the state (the District Attorney), while the defendant is represented by private council or a public defenders office.

A criminal trial requires "proof beyond a reasonable doubt" for guilt to be found.

Examples- Murder, rape, theft, larceny, assaults, drug offenses, fraud.

Civil Law

Civil laws are designed to protect the constitutional rights of a person.

In a civil case, you have two parties in the case; the complainant and the defendant.

In a civil case, both parties must provide their own legal representation because the state has no vested interest in either side. The state only provides a forum (the courts) for the dispute to be settled.

In a civil case, the reward, or judgment, is based on the "greatest preponderance of evidence." This means that all the evidence is weighed, and whichever side has the best case will awarded.

Examples- Civil rights violations, breach of contract, negligence.

As for how the separation of criminal and civil law has assisted in criminal activity.... it hasn't.

Criminal cases and civil cases are very different in what's required to initiate a case.

A criminal case requires that enough evidence be present to establish probable cause before a charge can be filed. Then, once the charge is filed, the proof presented in court must be proof that is beyond a reasonable doubt. This is a very stringent and specific requirement for guilt.

A civil case does not require any evidence at all to begin the proceedings. All that is required is that one party file a civil summons against the other party. Then, for the complainant to be awarded the judgment of the courts, all that is required is that his evidence of accusation is greater than the defendants evidence of defense.

Two different processes altogether.

[garbhach65]

The differentiating factor is jail.

A crime is defined as a violation of state law punishable by a fine and/or jail.

Civil laws are infractions, punishable by a fine or other compensation, but not punishable by jail.

Money is not always an object to organized criminals, so a civil forfeiture is of little consequence.

[shashank]

Criminal law seeks to punish and civil law seeks to compensate.