Civil damages are monies awarded after the fact, as in traditional malpractice cases. Insurers are likely to exercise strong pressure on doctors to avoid actions that could subject them to such suits. Kevorkian, who apparently enjoys posing as an iconoclastic martyr for the death crusade, might shrug off bankruptcy. It is these whom civil remedies would be likely to deter. If the legislation provides that relatives may bring suit for civil damages even if they consented to the killing, those who assist in a suicide will know they cannot ensure a cover-up even by involving family members in the conspiracy, since those who know will not be prevented from suing and will have a strong financial incentive to do so.
Civil remedies have another advantage from the perspective of taxpayers.
The criminal law is enforced by prosecutors who are paid with tax dollars and by using jails constructed and run with tax dollars. But civil remedies are largely financed from the pockets of the wrongdoers, not only through fines but also through the awarding of reasonable attorney's fees to the lawyers for the plaintiffs if their suit is successful. If a suit is brought frivolously, or in bad faith, the plaintiff may be penalized by the awarding of reasonable attorney's fees to the defendant. This not only recompenses someone who is recklessly and wrongly accused, but also deters plaintiffs from filing suits unless they have clear evidence to back up their allegations. Much of the enforcement of civil rights statutes has come not through the criminal statutes but through the use of injunctions, sometimes issued in suits brought by government officials, but more frequently in those initiated by private citizens represented by public interest lawyers.