What is the difference between civil and criminal procedure?

The primary difference between civil and criminal procedure is the type of case each handles. Civil procedure deals with disputes between two or more private parties, such as a landlord and tenant or two businesses, while criminal procedure involves the state charging a person accused of a crime with that crime. In criminal procedure, the state is the prosecutor so the goal of the case is to determine the guilt or innocence of the defendant. The state is responsible for proving that the defendant committed the crime beyond a reasonable doubt. Additionally, if found guilty, the sentence for the defendant is usually determined by the court. Civil procedure, on the other hand, does not necessarily require the finding of guilt. Instead, the goal is usually to provide damages or some other remedy to one party for a wrong that another party committed. Also, instead of proving guilt beyond a reasonable doubt, in civil proceedings, the plaintiff must demonstrate that the defendant is liable by a preponderance of the evidence, or more likely than not. In Hawaii, both civil and criminal proceedings are governed by the Hawaii Rules of Civil Procedure and the Hawaii Rules of Criminal Procedure. Both of these sets of rules provide the framework for each type of case and the proceedings that must occur during the course of a civil or criminal case.

Related FAQs

How do juries determine liability?
What is the appeals process?
What is a settlement conference?
How do courts determine damages?
What is a motion for an order of contempt?
What is the motion stage of civil procedure?
What is a motion for a directed verdict?
What is the burden of proof in civil cases?
What is the judgment/verdict stage of civil procedure?
What is a motion for reconsideration?

What is the difference between civil and criminal procedure?

Related FAQs

Related Blog Posts