What is the test for determining whether a criminal proceeding is civil or civil?
California, United States of America
The following excerpt is from People v. Hedge, 56 Cal.App.4th 773, 65 Cal.Rptr.2d 693 (Cal. App. 1997):
"The categorization of a particular proceeding as civil or criminal 'is first of all a question of statutory construction.' [Citation.] We must initially ascertain whether the legislature meant the statute to establish 'civil' proceedings. If so, we ordinarily defer to the legislature's stated intent." (Kansas v. Hendricks, supra, --- U.S. at p. ----, 117 S.Ct. at p. 2081.)
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