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Page 32 of 33 |
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Why is ‘criminal procedure’ different from ‘civil procedure?’ |
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In criminal matters, action is taken by the "state" (a federal, state or local government agency) against an individual or an organization (including, but not limited to, a group of individuals, "business" or other entity) for violation of law. Someone convicted of a crime can be ordered to pay a fine, can be put on probation or to serve time in jail. The sentence imposed upon a defendant who pleads or is found guilty is meant to deter that person from acting in the same manner in the future, to deter others from acting in a similar manner, and to punish the criminal.
In a civil matter, the controversy is between two or more "people" (including individuals, businesses or government agencies). The typical result is an award of a money judgment 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. The judgment in a civil matter does not include imposition of a criminal sentence.
The rules of civil procedure are different from that of criminal procedure because the results and objectives of the litigation differ. |
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