Monday, September 23, 2019
Civil vs. Criminal trials Research Paper Example | Topics and Well Written Essays - 1250 words
Civil vs. Criminal trials - Research Paper Example Concern to the vulnerability to the child nonetheless great cannot confirm a conclusion without evidence. Thus facts must be proved in this court. The remedies for civil and family cases are damages which range from restrictions, financial compensation and injunctions (Resnik 76). Criminal court jurisdiction is heard in all state courts where the criminal acts by the defendant are heard. Such cases range from murder charges, robbery, rape and other forms of criminal actions. The standards and burden f proof must be proved beyond reasonable doubt that the defendant was involved in the act. Criminal proceedings can be heard by a jury, magistrates, judges appointed by the state. It must be noted that remedies for such proceedings range from jail term in prison, court fines to injunctions. The subject matter mostly dwells on the acts of crime which are considered by the state as detrimental to the people or the state. The legal burden of finding out the availability of these scenarios rests on the plaintiffââ¬â¢s application against the defendant. The common principle is that the plaintiff must prove beyond reasonable doubt. Notably there are exceptions where the plaintiff must find the existence of the entire preconditions including other facts that entitle h im or her to the court order (Segal and Harold 81). The Fifth Amendment in the United States Constitution is a section of bill of rights which safeguards individuals against the maltreatment of government authority in a legal process. The double jeopardy clause comprises of four exceptional prohibitions which include; subsequent prosecution upon conviction, subsequent prosecution upon acquittal, multiple punishments in a similar indictment and subsequent prosecution upon particular mistrials. In this case jeopardy inclines itself whenever the jury is empanelled in a trial by jury when the plea is consented unreservedly. O.J has been
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