Criminalprocedure is composed of the rules governing the series of proceedings through which the substantive criminal law is enforced.
The rules of criminalprocedure are different from those of civil procedure, because the two areas (criminal and civil) have different objectives and results.
In criminal cases, the state brings the suit and must show guilt beyond a reasonable doubt, while in civil cases the plaintiff brings the suit and must only show the defendant is liable by a preponderance of the evidence.
Rule 16 of the FederalRules of CriminalProcedure regulates discovery by the defendant of evidence in possession of the prosecution, and discovery by the prosecution of evidence in possession of the defendant.
The rule as changed by the Committee requires the prosecutor to give the defendant such copy of the defendant's prior criminal record as is within the prosecutor's ''possession, custody, or control, the existence of which is known, or by the exercise of due diligence may become known'' to the prosecutor.
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