Civil Procedure V. Criminal Procedure Essays

931 Words Apr 21st, 2012 4 Pages
Civil Procedure v. Criminal Procedure
ENC 1102 34
Week 11
Individual Work

Civil Procedure v. Criminal Procedure Civil procedure relates to the process where two parties bring a case to the court for a decision on a particular problem. These problems can include but are not limited to divorces, estate distribution, work men’s comp., injury cases, or even matters such as discrimination in the workplace. Criminal procedure applies to the process where the state or federal government is charging and trying someone for a crime that was committed (Civil Procedure, 2012). The rules in civil procedure are different than those in criminal procedure because the actions that need to be taken are different.
Firstly, civil procedure requires
…show more content…
Unlike the rules of evidence that can be used in both criminal and civil cases, the rules of civil procedure and the various motions and meetings that happen do not occur in a criminal proceeding. For instance, according to the rules of civil procedure, if the defense proves that there are no facts that the parties are arguing in the case, then they can file a motion for summary judgment (Cornell University Law School, 2012). This allows the judge to decide the case based only the two initial filings, saving the parties time and money.
The most important part of civil procedure is efficiency. The rules of civil procedure are designed to make the process efficient, smooth and prevent long trials where they are not needed. This is all possible because the only thing at stake for the defendant or defendants is money.
Unlike Civil procedure, Criminal procedure refers to the rules of procedures that criminal prosecutions are governed by (Civil verses Criminal Law, 2012). A criminal investigation begins with a crime being committed. The police start by collecting evidence, questioning witnesses and obtaining suspects. To be able to question anyone or search a suspect’s home, the policemen have to either receive permission from the owner or obtain a search warrant from a seating judge. If a search warrant or permission is not obtained, then the evidence and anything else that was discovered as the result of that piece of evidence is also thrown out; not to be

Related Documents