What is the difference between criminal and civil procedure?
The main difference between criminal and civil procedure is that criminal procedure deals with crimes while civil procedure deals with disputes between individuals or businesses. In criminal procedure, the state is the one who prosecutes the offender, while in civil procedure the person who is suing is the person who makes the case. Criminal procedure in South Carolina is governed by the South Carolina Code of Laws. This code outlines all of the laws that the state uses to prosecute individuals for criminal offenses. In South Carolina, criminal procedure begins with an arrest and the charge being filed. From there the state will conduct a preliminary hearing, a grand jury hearing, and a trial. At the trial, the jury will ultimately decide if the defendant is guilty or not. If found guilty, the offender will face punishments such as fines, jail time, or community service. In civil procedure in South Carolina, the dispute between the parties is resolved without a criminal prosecution. Instead, the parties involved will file a lawsuit in court and the court will decide how the dispute is to be resolved. This could include either a settlement between the parties or by a jury trial where the jury will decide the outcome. Civil procedure usually involves individuals or businesses that are seeking financial damages or other relief from the other party. Overall, criminal procedure deals with prosecuting criminals for breaking the law, while civil procedure deals with disputes between individuals or businesses. In South Carolina, both procedures are governed by the South Carolina Code of Laws.
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