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Page 7 of 26 |
Why is ‘civil procedure’ different from ‘criminal procedure?’ |
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In criminal matters, action is taken by the "state" (either federal, state, or local government agencies) against an individual for a violation of the law. A criminal matter can result a sentence such as a fine, probation or time in jail. The sentence is imposed upon a defendant who pleads or is found guilty to keep him from acting in the same manner in the future and also to deter others from acting in a similar manner. Since a criminal matter can result in the "state" taking away a person's freedom, there are additional constitutional protections built into the rules of criminal procedure.
In civil matter, the controversy is between two or more "people" ("people" can include individuals, businesses or government agencies). Most often, the result is an award of money to be paid by one party to the other. The judgment is imposed to make the aggrieved person "whole" for the harm that has been caused by the other. A judgment in a civil matter does not include the imposition of a criminal sentence.
The rules of civil procedure are different than that of criminal procedure because proceedings are different. |
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