What is the difference between criminal and civil procedure?
Criminal procedure and civil procedure are two different types of law. Criminal procedure is the set of rules that govern how criminal cases are handled in court. This includes the arrest of suspects, the collection of evidence, the trials, and any appeals that may be filed. Civil procedure, on the other hand, involves civil disputes between two parties. These can range from disputes over damages to contractual agreements. The most common civil disputes are over money or property. The fundamental difference between criminal procedure and civil procedure is the nature of the dispute. In criminal cases, the government is trying to prove that the accused has committed a crime. The onus is on the prosecution to prove guilt beyond a reasonable doubt. In civil cases, the onus is on the parties involved to prove their case by the preponderance of the evidence. In Florida, both criminal and civil procedures are governed by Title XLV of the Florida Statutes, which is known as the Florida Rules of Criminal Procedure and the Florida Rules of Civil Procedure. Both sets of rules are accomplished by the Supreme Court and have been enshrined in the Florida Constitution. Additionally, criminal trials are often heard before a jury, while civil proceedings are usually heard by a judge alone. The type of remedies depends on which type of law is involved. For criminal proceedings, the defendant can be fined, sentenced to jail, and/or have their civil rights terminated. For civil cases, the court usually orders the losing party to pay damages to the winning party.
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