Civil And Criminal Procedures

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Why is ‘civil procedure’ different from ‘criminal procedure?’

In criminal matters, action is taken by the “state” (either federal, state, or local government agencies) against an individual for a violation of the law. A criminal matter can result a sentence such as a fine, probation or time in jail. The sentence is imposed upon a defendant who pleads or is found guilty to keep him from acting in the same manner in the future and also to deter others from acting in a similar manner.

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Since a criminal matter can result in the “state” taking away a person’s freedom, there are additional constitutional protections built into the rules of criminal procedure. In civil matter, the controversy is between two or more “people” (“people” can include individuals, businesses or government agencies). Most often, the result is an award of money to be paid by one party to the other. The judgment is imposed to make the aggrieved person “whole” for the harm that has been caused by the other. A judgment in a civil matter does not include the imposition of a criminal sentence. The rules of civil procedure are different than that of criminal procedure because proceedings are different.

Criminal procedure

From Wikipedia, the free encyclopedia

https://en.wikipedia.org/wiki/Criminal_procedure Criminal procedure refers to the legal process for adjudicating claims that someone has violated criminal law.

Basic rights

Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defense prove that s/he is innocent, and any doubt is resolved in favor of the defendant. This provision, known as the presumption of innocence, is required, for example, in the 46 countries that are members of the Council of Europe, under Article 6 of the European Convention on Human Rights, and it is included in other human rights documents. However, in practice it operates somewhat differently in different countries. Similarly, all such jurisdictions allow the defendant the right to legal counsel and provide any defendant who cannot afford their own lawyer with a lawyer paid for at the public expense (which is in some countries called a “court-appointed lawyer”). Again, the efficiency of this system depends greatly on the jurisdictions. In some jurisdictions, the lawyers provided to indigent defendants are often overworked or less competent, or may not take much interest in the cases they have to defend.[citation needed]

Civil procedure

From Wikipedia, the free encyclopedia

https://en.wikipedia.org/wiki/Civil_procedure Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters).

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