Recently, the news featured a government “authority” telling us that a particular illegal act should not be treated as criminal. Instead, the “authority” firmly believes this unlawful act is a civil case. We don’t usually think about the difference between civil and criminal cases. It’s a civics issue; we must know their differences, so let’s discuss it.
Civil Cases Briefly Explained
Our Bill of Rights mentions civil cases “where the value in the controversy shall exceed twenty dollars.” (see the Seventh Amendment) For our purposes in learning the difference, I think of civil cases as disputes between individuals or organizations that involve compensation (usually money) for alleged damages. Note: Civil cases exceeding twenty dollars are entitled to a jury trial, not simply a judge’s opinion.
Civil cases include divorce, negligence, contract disputes, property, or defamation.
Criminal Cases Briefly Explained
A criminal case involves a misdemeanor or felony crime initiated by a prosecutor. Examples include crimes like harassment, drug trafficking, fraud, forgery, murder, disorderly conduct, robbery, arson, or assault/battery. I think of criminal cases as involving a jury trial, fines, and/or incarceration.
While a civil case resolves disputes between individuals or groups, often involving compensation, a criminal case protects society through punishment, which serves as a deterrent to crime. The reason for punishment is to keep other members of society from committing the same offenses. For example, if jail time is involved, most people try to avoid incarceration. Jail time deters crime.
For some reason, I always found this part confusing. The plaintiff and defendant are parties involved in civil cases. The government (prosecution) and the defendant are involved in criminal cases.
What Type of Case Is Illegal Entry?
The aforementioned government “authority” classified illegal entry into the United States as a civil case. To satisfy my curiosity, I looked it up. Here is what I found:
Illegal Entry (Criminal Offense)
Under 8 U.S.C. § 1325, it is a misdemeanor to:
Enter or attempt to enter the U.S. at any time or place other than through a designated port of entry.
Avoid inspection by immigration officers.
Use fraud or false documents to gain entry.
Penalties for first-time offenders:
Up to 6 months in jail and/or fines.
Repeat offenses can be charged as felonies, leading to harsher penalties, including up to 2 years in prison.
In Conclusion
Understanding the distinction between civil and criminal law is essential. We can’t afford to blur the distinctions to prop up personal ideologies. Confusing the line between civil and criminal offenses ignores the law. If we want to uphold the rule of law, we must recognize the legal definitions for what they are—not what an “authority” or anyone else wishes them to be.
This is Common Sense Civics and Citizenship. 🇺🇸
Additional information on the Seventh Amendment here: https://civicsandcitizenship.org/the-seventh-and-eighth-amendments-preserving-justice-and-liberty/
