Legal Question in Criminal Law in Michigan

What is the difference between Criminal conviction and Civil conviction

What is the difference between Civil coonviction and Criminal conviction and why does this not effect double jeopardy


Asked on 11/13/00, 1:16 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: What is the difference between Criminal conviction and Civil conviction

This is an over-simplification, but an offense is labeled as a "crime" (either a misdemeanor or a felony) because it subjects you to possible incarceration and/or loss of other legal privileges; a civil offense cannot land you in jail/prison, and generally just results in fines/costs.

"Double jeopardy" kicks in when you are subjected more than once to the possibility of loss of liberty for the same conduct, and actually occurs when the trial begins (jury is sworn in a jury trial, or first witness is sworn in a non-jury trial). "Loss of liberty" occurs when you are jailed/imprisoned, NOT when you are subjected to only fines.

So, "civil" cases do not put you in "jeopardy", like criminal cases do. No "jeopardy"? No "double jeopardy".

Another difference between these kinds of cases is the burden of proof. In criminal cases, it's "beyond a reasonable doubt" ... in civil cases, it's generally "preponderence of the evidence". (See www.co.eaton.mi.us/ecpa/define.htm#burdenofproof)

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Answered on 11/20/00, 9:25 am


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