What is the difference between a criminal case and a civil case for crime victims?
There are several differences between the criminal case and civil case. In the criminal case, the Plaintiff is generally the State of Florida or United States. The Defendant is the perpetrator. The victim is often viewed as a witness to a crime committed against the State of Florida or the US government. The burden of proof is very high, usually “beyond a reasonable doubt”. The victim’s “damages” are often limited to their medical bills and out of pocket expenses, either through Restitution or Florida’s Crime Victim Compensation Fund through the Attorney General’s office. Collecting damages from a perpetrator who is in jail is also another burden. The focus in the criminal case is more on punishing the criminal. In the civil claim, the focus is on the crime itself. We look at how the crime occurred and who, if anyone, could have prevented it from happening. For example, we may find that molestation in a school by a janitor could have been prevented if the school did a background check