What is the difference between criminal and civil procedure?

The main difference between criminal and civil procedure is what is being decided in the case. In criminal cases, the focus is on determining whether or not the accused person is guilty of a crime. If the accused is found guilty, they will be punished accordingly. In a civil case, the focus is on deciding a dispute between two parties. This dispute can involve anything from money damages to contracts to property ownership. Another key difference between criminal and civil procedure is the burden of proof. In criminal cases, the prosecution must prove the accused’s guilt “beyond a reasonable doubt.” This is the highest standard of proof and is difficult for the prosecution to meet. In a civil case, however, the burden of proof is much lower. The standard of proof in civil cases is “by a preponderance of the evidence,” meaning that it is more likely than not that the allegation is true. In North Carolina, criminal procedure is governed by the North Carolina General Statutes. Civil procedure is governed by the North Carolina Rules of Civil Procedure. These rules outline the steps of a criminal or civil trial. Overall, the main difference between criminal and civil procedure is what the case is about and the burden of proof. Knowing the difference is essential for anyone involved in the court system in North Carolina.

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