Both the United States and Illinois have two different justice systems: the criminal justice system and the civil justice system. When you are charged with a criminal offense your case is supposed to be handled in the criminal justice system. However, over time some of the important distinctions between the two have become blurred. This is particularly clear when it comes to so-called victims’ rights provisions, like those found in the Illinois Constitution.
The Traditional Difference between the Criminal and Civil Justice Systems
The criminal and civil justice systems are different. The civil justice system is wherein civil lawsuits are filed by ordinary individuals. This system exists to address grievances that exist between private people, between a private person and a company, or between two companies. In contrast, the criminal justice system is meant to have nothing to do with private wrongs. Within the criminal justice system, a person may be accused of committing a crime against the state. That is why these cases are prosecuted by a “state’s attorney” rather than some private attorney hired by the accuser or his or her family. Each system has its own burden of proof and its own mechanism of justice. While in the criminal system, imprisonment is available if a person is found guilty, in the civil system the liable person is held responsible by being ordered to pay money to the injured person.
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