Criminal procedure
This article needs additional citations for verification. (February 2015) |
Criminal procedure |
---|
Criminal trials and convictions |
Rights of the accused |
Verdict |
|
Sentencing |
|
Post-sentencing |
Related areas of law |
Portals |
|
Rights |
---|
Theoretical distinctions |
Human rights |
Rights by beneficiary |
Other groups of rights |
Criminal procedure is the
Basic rights
Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the
Difference between criminal and civil cases
Countries using the
The standards of proof are higher in a
Criminal and
In Anglo-American law, the party bringing a criminal action (that is, in most cases, the state) is called the prosecution, but the party bringing a civil action is the plaintiff. In a civil action the other party is known as the defendant. In a criminal case, the private party may be known as the defendant or the accused. A criminal case in the United States against a person named Ms. Sanchez would be entitled United States v. (short for versus, or against) Sanchez if initiated by the federal government; if brought by a state, the case would typically be called State v. Sanchez or People v. Sanchez. In the United Kingdom, the criminal case would be styled R. (short for Rex or Regina, that is, the King or Queen) v. Sanchez. In both the United States and the United Kingdom, a civil action between Ms. Sanchez and a Mr. Smith would be Sanchez v. Smith if started by Sanchez and Smith v. Sanchez if begun by Smith.
Evidence given at a criminal trial is not necessarily admissible in a
Once the plaintiff has shown that the defendant is liable, the main argument in a civil court is about the amount of money, or damages, which the defendant should pay to the plaintiff.[2]
Differences between civil law and common law systems
- The majority of civil law jurisdictions ('civil law' as a type of law system, not as opposed to criminal law) follow an inquisitorial system of adjudication, in which judges undertake an active investigation of the claims by examining the evidence at the trial (while other judges contribute likewise by preparing reports).
- In common law systems, the trial judge presides over proceedings grounded in the adversarial system of dispute resolution, where both the prosecution and the defence prepare arguments to be presented before the court. Some civil law systems have adopted adversarial procedures.
Proponents of either system tend to consider that their system defends best the rights of the innocent. There is a tendency in common law countries to believe that civil law / inquisitorial systems do not have the so-called "presumption of innocence", and do not provide the defence with adequate rights. Conversely, there is a tendency in countries with an inquisitorial system to believe that accusatorial proceedings unduly favour rich defendants who can afford large legal teams, and therefore disfavour poorer defendants.
See also
- Offence (law)
- Trial (law)
- Civil procedure
- Code of Criminal Procedure, 1973of India
- Court Appointed Special Advocates
- Criminal Procedure Act
- Criminal procedure in the United States
- Formal procedure law in Switzerland
- Italian Criminal Procedure
- Code of Criminal Procedure (Japan)
- Criminal Procedure Code (Malaysia)
- Criminal Procedure Code (Ukraine)
References
- ISBN 978-88-288-5157-8.
- ^ OCLC 30075861.
Further reading
- Israel, Jerold H.; Kamisar, Yale; LaFave, Wayne R. (2003). Criminal Procedure and the Constitution: Leading Supreme Court Cases and Introductory Text. St. Paul, MN: West Publishing. ISBN 0-314-14669-5.