Final answer:
In criminal trials, the prosecution goes first, whereas in civil trials, the plaintiff takes the lead. Criminal cases require proof beyond a reasonable doubt, while civil cases require proof beyond a preponderance of the evidence.
Step-by-step explanation:
In criminal trials, the prosecution plaintiff goes first. The term "prosecution" refers to the government's role in a criminal trial, acting as the plaintiff accusing the defendant of a crime. In civil trials, the plaintiff—which is the injured party claiming harm—goes first. Regardless of the type of trial, the burden of proof lies on the plaintiff.
The standard of proof in criminal cases is "beyond a reasonable doubt," which is a higher burden of proof due to the severe consequences, such as loss of liberty or even life. In contrast, civil cases require proof "beyond a preponderance of the evidence," meaning the evidence is more convincing on the plaintiff's side than on the defendant's, usually resulting in monetary compensation or property loss.
Courts managing these trials have tailored processes to ensure fairness. Criminal trials often involve a jury that determines guilt, and a judge assigns the penalty, whereas civil trials can proceed with a jury or as a bench trial, decided solely by a judge.