What is the difference between criminal and civil procedure?
The primary difference between criminal and civil procedure is the type of parties involved and the purpose of the action. In criminal procedure, the government is the prosecutor and is taking action to protect society by punishing the accused for their alleged actions. In civil procedure, private individuals or entities are the parties involved and the purpose of the action is to resolve conflicts or protect interests. Criminal procedure involves more rights and protections for the accused, such as the right to remain silent and the right to legal counsel. On the other hand, civil procedure is mostly focused on the legal process and finding a solution or remedy to an issue. In Kansas, criminal procedure typically involves an arrest and criminal charges against an accused. The case will then go through the judicial process, including pre-trial, trial, and sentencing. Civil procedure, on the other hand, involves filing a complaint or lawsuit, which can either be resolved by settlement or proceed to trial for a result decided by a judge or jury. Overall, criminal procedure is focused on determining the guilt or innocence of a person accused of a crime, while civil procedure is focused on resolving a dispute between private parties. It is important to understand that the rules of law for each differ and that the rights of the accused are greater in criminal procedure.
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