Differences in criminal and civil procedure

Jury

Entering the Profession

In some countries in order to practice as a lawyer it is necessary to get a university degree in law. In others, a degree may be insufficient, professional examinations must be passed.

In Britain the main requirement is to pass the Bar Final examination (for barristers) or the Law Society Final examination (for solicitors). Most solicitors begin their careers with a degree, usually in law, from a recognized university followed by a year in a specialized law school run by Law Society. Then follows two years' practical experience as an articled clerk. During this time his work is closely supervised by an experienced lawyer, and he must take further courses. Barristers must have a second class honours degree from a recognized university. Then follows a one-year course at the Inns of Court School of Law. After the Bar final examinations, a student must find a pupillage in chambers, where he is attached to an experienced barrister and attends court with him for 12 months, learning his profession.

Under the legal system of England a person accused of a serious crime who pleads ‘not guilty’ to the crime will be tried by a jury. Juries also hear some civil cases and decide whether a person is ‘liable ‘ or ‘not liable’. Jurors are selected at random from lists of adults who have the right to vote. They must be between the ages of 18 and 70 and have lived in Britain for at least five years. Members of the armed forces, the legal profession and the police force are not allowed to sit on juries. In England 12 people sit on a jury. The court pays only their expenses. Lawyers representing either side in a case have the right to object to a particular person being on a jury. The jury hears the evidence presented by both sides. After that the jury retires to the jury room to discuss the case. When all members of the jury agree they return the verdict, go back into court and say whether the accused is guilty or not guilty. The verdict is announced by the foreman (= the person chosen by the jury as their leader). Sometimes the jury cannot all agree and the judge may allow a majority verdict (no more than two members of the jury disagree). If no verdict is reached the trial is abandoned and started again with a new jury. It is not the responsibility of the jury to decide punishment though in some civil cases they may decide how much compensation should be paid.

Differences in criminal and civil procedure include:

• the parties involved
• the standard of proof
• the outcomes

Criminal actions are nearly always started by the state. Civil actions are usually started by individuals. The party bringing a criminal action is called the prosecution, but the party bringing a civil action is the claimant. In both kinds of action the other party is known as the defendant.

The standards of proof are higher in a criminal action than in a civil one as the loser may be not only fined but also sent to prison (or, in some countries, executed). In English law the prosecution must prove the guilt of a criminal ‘beyond reasonable doubt’; but the claimant in a civil action is required to prove his case ‘on the balance of probabilities’. Thus in a criminal case a crime cannot be proven if the person or persons judging it doubt the guilt of the suspect and have a reason for this doubt. But in a civil case, the court will weigh all the evidence and decide what is most probable.

A criminal action may result in a conviction and punishment of the defendant. A civil action may result in liability on the part of the defendant and damages are awarded to the claimant.

Дата добавления: 2017-02-01