What is the difference between criminal and civil procedure?
Criminal procedure and civil procedure are two distinct levels of legal proceedings. While both involve the court system, they involve different parties, different outcomes, and different processes. Criminal procedure is the procedure a government brings against someone for having committed a crime. This could involve charges that have been filed against an individual or a corporation. The primary purpose of criminal procedure is to protect the public from further harm by punishing the offender and deterring future criminal behavior. In criminal proceedings, the accused party must be proven guilty beyond a reasonable doubt and the penalty can include fines, jail time, or probation. Civil procedure, on the other hand, is the system of laws and rules which govern non-criminal cases. This could involve disputes between individuals or corporations. The primary goal of civil procedure is to resolve disputes between parties to a contract or other legal agreement. In civil proceedings, the burden of proof is lower and usually requires a greater than 50% chance of success, with the penalty usually involving only awarding compensation or ordering a specific remedy. In California, the law recognizes both criminal and civil procedures. The type of proceedings depend on the nature of the case and the desired outcome. It is important to understand the differences between the two when filing legal documents or attempting to settle a dispute.
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