Civil and Criminal Court Proceedings

Topics: Criminal law, Law, Crime Pages: 2 (528 words) Published: May 22, 2009
What is the difference between criminal and civil court?
Criminal Cases
Criminal acts are those that go against the rules of the Criminal Code or against another federal statute (e.g. the Controlled Drugs and Substances Act). In Canada, a criminal act is legally seen as an offence against the state, even though there may have been a specific individual who was the victim of the crime. In a criminal trial, there are two sides: the prosecution and the defence. The prosecution brings the case to trial. The lawyer who prosecutes is called a Crown, or Prosecuting Attorney. "Crown" refers to his or her role as representative of the state. If there is a victim of the crime, that person will have their own legal representation. The Crown Attorney is not their lawyer. If they have a role in the trial, it will be as a witness to the crime. The person charged with committing a criminal act is called the accused or the defendant. The accused has the right to represent him or herself, but is most often represented by a defence lawyer. A person accused of a crime is presumed innocent until proven guilty. It is the prosecution's job to prove beyond a reasonable doubt that a person is guilty. If the prosecution is unable to do this, the accused is acquitted and set free. The rights of the accused person are guaranteed in the Canadian Charter of Rights and Freedoms. If an accused person is found guilty, they will receive a sentence, or punishment. This could range from a small fine to a long time in prison, depending on the crime. The death penalty is not practised in Canada. Young Offenders

In Canada, people under the age of 18 who are charged with a crime fall under the Young Offenders Act. This Act is based on the idea that a younger person should not be treated the same way as an accused or convicted adult. In Ontario, if a person between the ages of 12 and 15 goes to trial on criminal charges, they will appear in a Family Court. Anyone aged 16 or 17 will appear...
Continue Reading

Please join StudyMode to read the full document

You May Also Find These Documents Helpful

  • Criminal and Civil Court Structures Essay
  • The American Criminal Court System Essay
  • Stages of Criminal and Civil Proceedings Essay
  • Criminal Courts Essay
  • Jury (Criminal & Civil Trials) Essay
  • observation of civil proceedings Essay
  • Civil Law V. Criminal Law Essay
  • Criminal Court Visit Essay

Become a StudyMode Member

Sign Up - It's Free