What is the difference between civil and criminal procedure?
Civil and criminal procedure are two different areas of the law with different outcomes. In civil procedure, the goal is to resolve disputes among people or organizations. For example, if someone sues another person or business for damages or breach of contract, civil procedure will determine who wins and how much they will receive. In criminal procedure, the goal is to determine whether a person has committed a crime and, if so, what should be done about it. The outcome of criminal procedure is usually a sentence or punishment such as jail time, a fine, or probation. Another difference between civil and criminal procedure is that only a court can decide criminal matters, while civil matters can often be settled by an agreement or arbitration. Civil procedure also typically involves a longer legal process, with both sides presenting evidence and making arguments before a judge or jury. Criminal procedure is more streamlined as it involves a prosecutor and a defense attorney. An important distinction between civil and criminal procedure is the burden of proof. In civil matters, the plaintiff must prove their case by a preponderance of the evidence, meaning that it’s more likely than not that what they are claiming is true. In criminal matters, the burden of proof is beyond a reasonable doubt, meaning that the evidence must be so convincing that there is no reasonable doubt that the defendant committed the crime.
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