In most cases, criminal prosecutions are pursued by the
state in order to punish offenders, although some systems, such as in
English and
French law, allow citizens to bring a
private prosecution. Conversely,
civil actions are initiated by private
individuals, companies or organizations, for their own benefit. Government agencies may also be a party to civil actions. Civil and criminal cases are usually heard in different courts. In jurisdictions based on
English common law, the party bringing a criminal charge is the
prosecution, while the party bringing a civil action is usually called the
plaintiff or
claimant. In both types of cases, the opposing party is the
defendant. In criminal proceedings, the government appears first in the case title. In the
United States, the styling varies by jurisdiction: in
federal prosecutions the case is styled
United States v. Sanchez; some states use
People v. Sanchez (for example,
California and
New York); others use
State v. Sanchez or
State of [State Name] v. Sanchez; and the four states that formally style themselves as
Commonwealths (
Massachusetts,
Pennsylvania,
Virginia, and
Kentucky) use
Commonwealth v. Sanchez. In
England and Wales, a criminal case would be styled
R. v. Sanchez, with "R." standing for
Rex or
Regina and pronounced "The Crown". Similar forms are used in other
Commonwealth jurisdictions. In civil proceedings, the party who initiates the action is listed first. Thus, a lawsuit between Ms. Sanchez and Mr. Smith would appear as
Sanchez v. Smith if Sanchez filed the claim, or
Smith v. Sanchez if Smith did. The order of the parties may change if the case is appealed. Most countries make a clear distinction between civil and criminal procedure. For example, a
criminal court may force a convicted defendant to pay a fine as punishment for their crime, and the
legal costs of both the
prosecution and defence. But the victim of the
crime generally pursues their claim for
compensation in a civil, not a criminal, action. Alternative civil remedies include restitution or transfer of property, or an injunction to restrain or order certain actions. The
standards of proof are higher in a criminal case than in a civil one, since the state does not wish to risk punishing an innocent person. In
English law the prosecution must prove the guilt of a criminal "
beyond reasonable doubt"; but the plaintiff in a civil action is required to prove his case "on the balance of probabilities". Thus, in a criminal case a crime cannot be proven if the person or persons judging it doubt the guilt of the suspect and have a reason (not just a feeling or intuition) for this doubt. But in a civil case, the court will weigh all the evidence and decide what is most probable. ==Types==