LEGL 225 Lecture Notes - Lecture 8: Custodial Interrogation, Discovery Doctrine, Class Action
20 Aug 2016
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Document Summary
Criminal law is a balancing act- between making society safe and protecting us all from false accusations and unfair punishment. Criminal procedure-the process by which criminals are accused, tried and sentenced. The difference between a civil and criminal case: civil law cases- involve the rights and liabilities that exist between private parties, criminal law cases-prohibits and punishes conduct that threatens public safety and welfare. Prosecution- only the government has the power to prosecute a criminal and punish him or her by sending him to prison. Restitution- a court order that a guilty defendant reimburse the victim for the harm suffered. The local prosecutor has total discretion in deciding whether to bring the person to trial on criminal charges. Beyond a reasonable doubt- the very high burden of proof in a criminal trial, demanding much more certainty than required (the preponderance of evidence in a civil trial)
