This chapter is about people committing crimes, engaging in behavior that violates the criminal law, and how society responds to these criminal behaviors. Crimes are only one type of wrong. People can also violate civil law or commit a moral wrong and not be guilty of any crime whatsoever. So, what is the difference between a civil wrong, a criminal wrong, and a moral wrong?

Civil Wrongs

A civil wrong is a private wrong, and the injured party’s remedy is to sue the party who caused the wrong/injury for general damages (money). The plaintiff (the injured party) sues or brings a civil suit (files an action in court) against the defendant (the party that caused the harm). The primary purpose of a civil suit is to financially compensate the injured party. The plaintiff must convince or persuade the jury that it is more likely than not that the defendant caused the harm. This level of certainty or persuasion is known as preponderance of the evidence.

Criminal Wrongs

Criminal wrongs differ from civil or moral wrongs. Criminal wrongs are behaviors that harm society as a whole rather than one individual or entity specifically. While criminal wrongs may directly harm an individual, it is important to recognize that the repercussions extend beyond the immediate victim. When one person becomes a physical victim, the entire fabric of society is harmed, as the breach of trust and security affects the collective well-being, leaving us all feeling less safe when the fundamental social contract is violated. When people violate the criminal law, there are generally sanctions that include incarceration and fines. A crime is an act, or a failure to act, that violates society’s rules. The government, on behalf of society, is the plaintiff. A criminal wrong can be committed in many ways by individuals, groups, or businesses against individuals, businesses, governments, or with no particular victim.

Key Differences

• Purpose and Nature:

• Civil Law: Civil law deals with disputes between private individuals or entities, often seeking compensation or resolution for harm or damages. The primary purpose is to restore the injured party to their original state or compensate them for losses.
• Criminal Law: Criminal law, on the other hand, addresses offenses against the state or society. The goal is to punish individuals for violating laws, deter criminal behavior, and protect public order and safety.

• Burden of Proof:

• Civil Law: In civil cases, the burden of proof is typically on the plaintiff (the party bringing the lawsuit). The standard of proof is lower, often described as a “preponderance of the evidence,” meaning it’s more likely than not that the defendant is responsible for the harm.
• Criminal Law: In criminal cases, the burden of proof is on the prosecution. The standard of proof is higher and must be proven “beyond a reasonable doubt,” which is a more stringent requirement to ensure the defendant’s guilt is established convincingly.

• Outcome and Punishment:

• Civil Law: The outcome in civil cases often involves a judgment for monetary damages or equitable relief (such as an injunction or specific performance). The goal is to compensate the injured party or rectify a wrong through non-monetary means.
• Criminal Law: In criminal cases, the outcome may result in punishments such as fines, probation, imprisonment, or even capital punishment, depending on the severity of the offense. The focus is on punishing the offender and protecting society.

Moral Wrongs

Moral wrongs differ from criminal wrongs. A moral wrong is an action that is considered ethically or morally unacceptable by society, but it may not necessarily be illegal. Morality is a set of principles or values that guide people’s behavior based on what is deemed right or wrong. Moral wrongs often involve issues of personal conscience, ethics, and societal norms. Examples of moral wrongs could include lying, cheating, or betraying someone’s trust. While these actions may not lead to legal consequences, they can have social or interpersonal repercussions.“Moral (wrong) law attempts to perfect personal character, whereas criminal law, in general, is aimed at misbehavior that falls substantially below the norms of the community” (Gardner, 1985). There are no codes or statutes governing violations of moral laws in the United States. Here are a few key differences to consider between moral wrongs and legal wrongs:

Key Differences

• Legal Consequences: One of the main differences is that committing a crime can lead to legal consequences, where a moral wrong may not have a legal penalty associated with it.
• Subjectivity: Morality is often subjective and varies from person to person or culture to culture. What one group considers morally wrong may not be seen the same way by another. In contrast, crimes are defined by laws and regulations that are more objective and apply uniformly within a legal jurisdiction.
• Enforcement: Crimes are typically enforced by the legal system through law enforcement agencies, while moral wrongs are often addressed through social norms, personal values, or ethical codes.

Licenses and Attributions for Civil, Criminal, and Moral Wrongs

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“4.3. Civil, Criminal, and Moral Wrongs” is adapted from “3.2. Civil, Criminal, and Moral Wrongs” by Lore Rutz-Burri in SOU-CCJ230 Introduction to the American Criminal Justice System by Alison S. Burke, David Carter, Brian Fedorek, Tiffany Morey, Lore Rutz-Burri, and Shanell Sanchez, licensed under CC BY-NC-SA 4.0. Modifications by Sam Arungwa, revisions by Roxie Supplee, licensed CC BY-NC-SA 4.0, include revising for clarity and writing original content for “Key Differences.”