If a judge decides the accused should be released, the accused may be released with or without conditions. Release on bail will only be refused if there are very strong reasons for doing so. Anyone accused of a crime also has the right under the Charter to stand trial within "a reasonable time.
A judge considers four factors to determine if a trial is happening within a reasonable time:. A criminal trial is a very serious matter.
After all, the accused has a lot to lose: his or her liberty and the stigma of a criminal conviction. Because of that, both common law and the Charter protect the rights of the accused. For example, the prosecution must prove that the accused is guilty of the charge beyond a reasonable doubt. Also, if any evidence is obtained that violates the accused's Charter rights, such as through an unreasonable search and seizure, the judge may refuse to admit the evidence.
In a criminal trial, an accused person cannot be required by the prosecution to give evidence. If the accused is found guilty of a crime, the judge must decide the appropriate sentence. When making this decision, the judge must consider:.
Judges may impose many different kinds of sentences or a combination of penalties. These may include:. An offender who is sentenced to more than two years will be sent to a federal penitentiary. An offender who is sentenced to two years or less will go to a provincial prison. A judge does not always have to convict, even if the accused person has pleaded guilty or been found guilty. The judge may give an offender an absolute or conditional discharge.
An offender given a conditional discharge must obey the conditions imposed by the judge or face a more severe sentence. An offender who is given a discharge will not receive a criminal record for the offence. The right to appeal a court's decision is an important safeguard in our legal system because a court could make an error in a trial.
In most civil and criminal cases, a decision made at one level of the court system can be appealed to a higher level. Where there is no right to appeal, permission or "leave" to appeal must be sought. The higher court may deny leave to appeal, affirm or reverse the original decision. In some cases, it will order a new trial.
Both sides in a civil case and either the prosecution or the accused in a criminal case may appeal. Sometimes, it is only the amount of damages or the severity of the sentence that is appealed. For example, the accused may ask a higher court to reduce a sentence, or the prosecution may ask to have the sentence increased. You will not receive a reply. For enquiries, please contact us. Civil and criminal cases A civil case is a private case where someone sues someone else.
How do civil cases work? Pleading First, the plaintiff files a pleading with the court. Discovery Each party is then entitled to an examination for discovery before the trial.
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This cookies is set by Youtube and is used to track the views of embedded videos. This cookie is installed by Google Analytics. Often the judgement results in a financial penalty or an order to change behavior. Civil suits are also often settled outside of the courtroom. This typically includes a substantial payment to the accuser in exchange for the suit being dropped, and the defendant admitting to limited or no wrongdoing.
Another significant distinction between civil and criminal cases is what it takes for a party to win a case. In either trial, the accuser must meet a burden of proof—essentially an obligation to prove or back up the claims being made. Criminal cases, and the serious penalties that can accompany them, require a higher bar to be met than civil cases. In these cases, criminal defense attorneys worked to poke holes in the credibility of the evidence and witnesses presented to create reasonable doubt among jurors.
How an attorney approaches a case can also vary greatly in the two different fields, according to Braden Perry, a former federal enforcement attorney. He notes one of the biggest differences is the approach to negotiating a deal.
Civil suits have much more flexibility in how they are resolved. He explains that negotiations in criminal law require you to think beyond the scope of a typical civil case; factors like potential incarceration and the rights of an individual after a plea agreement can make things complicated. Studies have shown over 90 percent of civil suits are settled and never even make it to trial.
There can also be significant differences in the amount of time in which a prosecutor or plaintiff has after an incident to press charges or bring a claim against a defendant. These rules are intended to protect defendants from unreasonable demands. Think of it this way—if someone accused you of a crime that occurred 20 years ago, would you be able to provide evidence to the contrary after that much time has passed? Each state has their own set of guidelines for these, but it is worth noting that many serious crimes like murder, major theft, kidnapping or sexual assault may not have a statute of limitations.
In some instances, both a civil suit and a criminal case can stem from the same incident. Likely the most prominent example of this scenario is the OJ Simpson case—his criminal charges were dismissed, but the family of the victim was able to successfully sue him in civil court. This may seem like an uneven application of justice, but remember the standards for burden of proof.
If you love learning about the intricacies of the legal system, you might want to consider playing a role in the courtroom yourself. Learn more about the different options in our Visual Guide to Courthouse Jobs. There are some errors in the form. Please correct the errors and submit again. By selecting "Submit," I authorize Rasmussen University to contact me by email, phone or text message at the number provided. There is no obligation to enroll.
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