Criminal Law Tandra
1) Discuss the primary differences between civil litigation and criminal prosecution.
The government is the plaintiff in all criminal prosecutions against defendants. Criminal prosecution refers to the offensive behavior of an individual against the public, the state or government, such as: assault, murder, theft, and drug trafficking. In some cases a Grand Jury presents an indictment, the defndant makes plea at the hearing, a jury must unanimously decide the outcome, the prosecution must present the trial beyond a reasonable doubt, unless the defendant waives the right to jury trial; allowing the judge to decide the verdict. Charges for criminal procedures will include convictions with imprisonment, fines, and/or probation. The judge will impose a sentencing immediately or set a court date, unless the defendant is found not guilty, whereas all charges are dropped.
Civil law constitutes negligence to individuals, private parties, and corporations. Civil disputes are civil litigations that allow individuals to bring lawsuits against eachother. Examples are: breach of contract, damages to property, defamation of character, and injuries as a result of negligence or death. Civil litigations involves monetary values or tangible items. When civil litigants seek monetary compensation from a defendant, it becomes a tort. The plaintiff will sue the defendant and the defendant is allowed to counter sue. The plaintiff is responsible for presenting the burden of proof with providing a proponderance of evidence. Participants may settle the lawsuit at any time and judges will encourage each side to do so. Small Claims Court allow individuals to settle civil matters with cases valued less than $5,000 and a judge determines the verdict.
Answer this discussion question in 150 words no outside reference use your own words