Civil Vs. Criminal

Reform by Chris Bunton

I’m not a lawyer or a Constitutional scholar. But, I believe the Founders wrote the Constitution in simple plain language so that any citizen could understand their rights. (If they could read English)

To tell someone they have rights and freedoms but yet hide them behind a mountain of legalese would be to strip them of the rights they allegedly have.

So, I feel that I am infinitely qualified to speak on this subject because it is simple.

In a civil trial a citizen is not afforded the same protections as they are in a criminal trial.

Apparently lawyers and politicians think that bankrupting someone is less damaging than locking them up for a while.

In a civil trial you cannot have a lawyer appointed to represent you like you can in a criminal.

So, in a civil trial the poor gets shafted, if you cannot afford one.

In a civil trial the burden of proof is less. They do not have to prove anything beyond a reasonable doubt. They just need to seem to be 51% correct.

The protections against illegal search and seizure, as well as being required to provide evidence against yourself are lessened in civil trials.

A court can allow fishing expeditions and force citizens to provide information or evidence that helps destroy them. 

If a citizen refuses or doesn’t completely obey, they will be held In contempt of court and can be jailed. Again, without jury or trial or lawyer appointed.

On top of that, The protections against cruel and unusual punishment are thrown out the window.

It must not seem cruel and unusual to charge a man a billion dollar settlement, when the man is no where near a billionaire. To totally destroy a person’s livelihood. To strip them of their children. To charge them fees that make them homeless.

A citizen can be sued for virtually anything. Whether the court allows it or not, there is damage done. And heaven help you if it’s the government bringing you to civil court. You’ll wish you were in prison.

So, that brings us to the temptation to use civil courts, to gain info. to be used in criminal courts.

Does the Government use information obtained in civil trials to bring charges against a person in criminal trials, thus bypassing the protections afforded them?

Does it happen?

Now we might think that these civil trials are about the little guy going after the big corporations or getting money from insurance companies to help with bills, or getting a doctor or neighbor who was negligent.

But, it’s also used to go after middle class citizens who owe taxes. It’s used in custody and child support cases against parents who have done no wrong. 

Civil courts are used to destroy all kinds of people. We don’t know if they are innocent because there are less protections.

And the worst thing is that no where in the Constitution does it say, a citizen loses rights and protections in a civil court.

It’s not there.

There is nothing in the Constitution that plainly states that a citizens loses freedoms or rights in a civil trial.

Nothing.

It’s almost like lawyers created a whole new trial system.

I’m sure they would say, ” Well this legal concept comes from the English system of law where we get all of our concepts.”

Didn’t we fight a war to get away from those guys?

The American legal system needs serious reform to take it back to what the Founders envisioned. We have fallen so far away, we cannot even see what the original was.

But, like the English system, the American gentry control the courts, while the peasants struggle to find justice.

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Bio: Chris Bunton is a writer, poet and blogger from Southern Illinois. He has published in several magazines, and has written a poetry eBook called “Against the Man” and an Addiction Recovery eBook called “Made Free: Overcoming Addiction“ His newest book is called “The Future is Coming” and is a collection of dystopian short stories.

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