In the U.S. legal system, there is a fundamental distinction between criminal statutes and private rights of action. Criminal statutes define offenses against the state or public and are generally enforced by governmental prosecutors, such as the Attorney General, District Attorneys, or similar authorities. On the other hand, private rights of action enable individuals to bring lawsuits in civil court to enforce their rights or seek remedies for harm.
This article explores the relationship between these two areas of law, focusing on the limitations of criminal statutes for private litigants and the necessity of an explicitly articulated private right of action for civil claims.