Criminal Procedure
~The process by which to initiate & coordinate criminal prosecution against alleged criminals
Differences Between a Civil & Criminal Case
~Criminal Law: Prohibits & punishes actions that threaten public safety
– Prosecution: Only the gov’t can prosecute a crime
– Restitution: A court order that a guilty defendant reimburse the victim for the harm
~Civil Law: Involves the rights & liberties that exist between 2 parties
– Individual must file a lawsuit
– Individual must prove damages
~Burden of Proof: The obligation of a party to prove its allegations at trial
~CIVIL case: Plaintiff must prove her case by a PREPONDERANCE OF THE EVIDENCE
~CRIMINAL case: Gov’t must prove its case BEYOND A REASONABLE DOUBT
– The v/ high burden of proof in a criminal trial demands much more certainty than
required in a civil trial
~Right to a Jury: Facts of a case are decided by a judge/jury
– A criminal defendant has the right to trial by jury for any charge that could result in a
sentence of 6 months+
– Felony – A serious crime for which a defendant can be sentenced to 1 yr+ in prison
