What is the difference between criminal and civil procedure?

The main difference between criminal and civil procedure is the type of punishment that is sought. Criminal procedure usually involves a criminal punishment, which could include prison time, fines, or other penalties. Civil procedure, on the other hand, usually involves a civil punishment, which could include damages or restitution to the wronged party. In Montana, criminal procedure is governed by the Montana Code Annotated and Montana Rules of Criminal Procedure, while civil procedure is governed by the Montana Rules of Civil Procedure. In criminal cases, the state brings a case against an individual or entity to prove that a crime has been committed. The accused then stands trial and has the right to a fair trial with a jury of their peers. If they are found guilty, the criminal procedure dictates the punishments they may face. In civil procedure, the state does not bring a case against someone. Instead, it is typically an individual or entity suing another individual or entity for some wrong done against them. Often times this is in the form of a civil suit to recover damages to the wronged party. The outcome of the proceedings is typically a monetary award to the wronged party, in order to make them "whole" again. In summary, criminal procedure involves the state bringing a criminal charge against an individual or entity and the accused facing a criminal punishment, while civil procedure involves an individual or entity suing another for some wrong done against them and the outcome being a monetary award to the wronged party.

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What is the difference between criminal and civil procedure?

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