Civil and Criminal Court Proceedings free essay sample

?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. We will write a custom essay sample on Civil and Criminal Court Proceedings or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page 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 prosecutions 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 before an Ontario Court of Justice. The Young Offenders Act is currently under review by the federal government. Civil Cases In a civil case, both parties are called litigants. The person who brings the issue to the courts is called a plaintiff, and the person responding is called a defendant. Suing a person or an organization is done through civil aw. Family Law and Labour Law are both examples of civil law. If a civil claim is ruled valid, the judge will likely state how the problem can be fiexed (ie. name a rememdy) Depending on the case, the judge might tell the defendant to pay the plaintiff damages, make a public apology or stop a particular activity or action. For example, if you had filed an action aga inst a newspaper for publishing incorrect and harmful information about you, a judge might tell the newspaper to print a correction and an apology and to pay you for the loss of reputation that you had suffered.