Editing Criminal procedure (section)

==Difference between criminal and civil cases==
Countries using the [[common law]] tend to make a clear distinction between civil and criminal procedures. For example, an English [[Criminal law|criminal court]] may force a convicted accused to pay a fine to the Crown as punishment for the crime, and sometimes to pay the [[legal costs]] of the [[prosecution]], but does not normally order the convicted accused to pay any compensation to the victim of the crime. The victim must pursue their claim for [[Damages|compensation]] in a civil, not a criminal, action.<ref name = "law1"/> In countries using the [[Civil law (legal system)|continental civil law system]], such as [[France]] and [[Italy]], the victim of a crime (known as the "injured party") may be awarded [[damages]] by a criminal court [[judge]].

The standards of proof are higher in a [[criminal action]] than in a civil one since the loser risks not only financial penalties but also being sent to [[prison]] (or, in some countries, execution). In [[English law]], the prosecution must prove the guilt of a criminal "beyond reasonable doubt", while the [[plaintiff]] in a [[civil action]] is required to prove his case "on the balance of probabilities".<ref name = "law1"/> "Beyond reasonable doubt" is not defined for the jury which decides the verdict, but it has been said by appeal courts that proving guilt beyond reasonable doubt requires the prosecution to exclude any reasonable hypothesis consistent with innocence: ''Plomp v. R''. In a [[civil case]], however, the court simply weighs the evidence and decides what is most probable.

Criminal and [[civil procedure]] are different. Although some systems, including the [[England|English]], allow a private citizen to bring a [[criminal prosecution]] against another [[citizen]], criminal actions are nearly always started by the [[State (law)|state]]. [[Civil action]]s, on the other hand, are usually started by [[individual]]s.

In Anglo-American law, the party bringing a criminal action (that is, in most cases, the state) is called the '''prosecution''', but the party bringing a civil action is the '''plaintiff'''. In a civil action the other party is known as the '''defendant'''.  In a criminal case, the private party may be known as the ''defendant'' or the ''accused''.  A criminal case in the [[United States]] against a person named Ms. Sanchez would be entitled ''United States v.'' (short for ''versus'', or against) ''Sanchez'' if initiated by the federal government; if brought by a state, the case would typically be called ''State v. Sanchez'' or ''People v. Sanchez.'' In the United Kingdom, the criminal case would be styled ''R.'' (short for Rex or Regina, that is, the [[King]] or [[Queen regnant|Queen]]) ''v. Sanchez.'' In both the United States and the United Kingdom, a civil action between Ms. Sanchez and a Mr. Smith would be ''Sanchez v. Smith'' if started by Sanchez and ''Smith v. Sanchez'' if begun by Smith.

Evidence given at a criminal trial is not necessarily admissible in a [[civil action]] about the same matter, just as evidence given in a civil cause is not necessarily admissible on a criminal trial. For example, the victim of a road accident does not directly benefit if the driver who injured him is found guilty of the [[crime]] of careless driving. He still has to prove his case in a civil action.<ref name = "law1"/> In fact he may be able to prove his civil case even when the driver is found not guilty in the criminal trial. If the accused has given evidence on his trial he may be cross-examined on those statements in a subsequent civil action regardless of the criminal verdict.

Once the plaintiff has shown that the defendant is liable, the main argument in a civil court is about the amount of [[money]], or '''[[damages]]''', which the defendant should pay to the plaintiff.<ref name="law1">{{cite book |author=Richard Powell|title=Law today|publisher=Longman|location=Harlow|year=1993 |pages=34|isbn=9780582056350|oclc=30075861}}</ref>