Purpose of Civil/Criminal Pre-trial procedures?

[arshavin23]

Hey guys what would write for a 5 marker question asking you to compare and contrast the purpose of Civil and Criminal Pre-trial procedures?

[maree271]

Hey guys what would write for a 5 marker question asking you to compare and contrast Civil and Criminal Pre-trial procedures?

At the most basic level, both criminal and civil cases have pre-trial procedures, although they differ with different purposes.
Explain the different purposes
Ultimately, both aim to enhance effective operation of the legal system; that is that they aim to ensure a fair and unbiased hearing, access and a timely resolution.
You could maybe explain the different procedures.
I think I had a question on this for a SAC. If you want I can send it to you

[tsarbucks]

Here are some points from my textbook that might help you out:

Criminal pre-trial procedure purposes:
- To assist police in identifying evidence for the prosecution of the person/persons suspected of committing the crime under investigation
- To protect the rights of the accused and ensure that he or she is treated as innocent until proven guilty
- To provide rights to the police to facilitate police investigation
- To provide an opportunity for the accused to be released pending trial, although this right may be denied in certain circumstances

Civil pre-trial procedure purposes:
- To inform both parties of information relating to the case--the plaintiff will find out information relating to the defence, and the defendant will find out information relating to the claim
- To allow the parties to determine whether it is worthwhile proceeding with their case
- Parties find out the strengths and weaknesses of each other's case
- Might lead to an out-of-court settlement negotiated between parties, which would avoid the cost, stress and inconvenience of going to court

For a similarity, you might like to look at how committal hearings help the accused to determine how they propose to plead to the charge or charges; then, similarly, how discovery enables parties in a civil case to learn more about the strength of other side's case and therefore adequately prepare how they will respond. Additionally, committal hearings determine whether a trial should proceed (if there is enough evidence), and in the discovery stage, a party may also reconsider whether they wish to proceed after assessing the likelihood of success.

I have no idea if that's right, but hopefully it helps 

[jeanweasley]

A possible structure:

* One difference between criminal and civil pre trial
* A relevant example that relates to the chosen difference above
* Another difference between criminal and civil pre trial
* A relevant example
* A similarity (if any) between criminal and civil pre trial