Criminal Law

A Free Service Provided By www.FactsOfLaw.com
Home

Sponsored Links

 

Legal Topics

Arbitration and Mediation
Bankruptcy
Bextra
Car Accidents
Celebrex
Child Support
Child Custody & Visitation

Copyright Law
Criminal Law
Dangerous Drugs
Death
Divorce
DUI Drunk Driving

Elderly Laws
Employees' Rights
Estate Planning
Family Law
Fen-Phen
Immigration Law

Lawsuits
Lemon Law
Marriage
Medical Malpractice
Megan's Law
Meridia
Mesothelioma & Asbestos

Mold
Probate & Estates
Product Recalls
Real Estate

Statute of Limitations

Taxes & the IRS
Traffic Violations
Vioxx
Wills
Workers' Compensation
Work Related Injury

Privacy Policy

Contact Us

About Us

 
Facts - Books - News    U.S. Facts Of Law:

The Criminal Case Procedure

In a criminal case, the government generally brings charges in one of two ways: either by accusing a suspect directly in a "bill of information" or other similar document, or by bringing evidence before a grand jury to allow that body to determine whether the case should proceed. If there is, then the defendant is indicted. In the federal system, a case must be brought before a grand jury for indictment if it is to proceed; some states, however, do not require indictment. Once charges have been brought, the case is then brought before a petit jury, or is tried by a judge if the defense requests it. The jury is selected from a pool by the prosecution and defense.

The burden of proof is on the prosecution in a criminal trial, which must prove beyond a reasonable doubt that the defendant is guilty of the crime charged. The prosecution presents its case first, and may call witnesses and present other evidence against the defendant. After the prosecution rests, the defense may move to dismiss the case if there is insufficient evidence, or present its case and call witnesses. All witnesses may be cross-examined by the opposing side. The defendant is not required to testify under the Fifth Amendment to the United States Constitution, but must answer the prosecution's questions if he or she takes the stand. After both sides have presented their cases and made closing arguments, the judge gives the jury legal instructions and they adjourn to deliberate in private. The jury must unanimously agree on a verdict of guilty or not guilty.

Criminal case procedure dictates that if a defendant is found guilty, sentencing follows, often at a separate hearing after the prosecution, defense, and court have developed information based on which the judge will craft a sentence. In capital cases, a separate "penalty phase" occurs, in which the jury determines whether to recommend that the death penalty should be imposed. As with the guilt phase, the burden is on the prosecution to prove its case, and the defendant is entitled to take the stand in his or her own defense, and may call witnesses and present evidence.

After sentencing, the defendant may appeal the ruling to a higher court. American appellate courts do not retry the case; they only examine the record of the proceedings in the lower court to determine if errors were made that require a new trial, re-sentencing, or a complete discharge of the defendant, as is mandated by the circumstances. The prosecution may not appeal after an acquittal, although it may appeal under limited circumstances before verdict is rendered, and may also appeal from the sentence itself.

 

The Criminal Case Procedure Best Sellers from Amazon.com

(no title)

 

Newsfeed display by CaRP

The Criminal Case Procedure News
GN News

Non Prescription Asthma Medicine Salbutamol Inhaler Brands In India Monrovi...
Non prescription asthma medicine Salbutamol inhaler brands in india monroviaweekly Last model a very to cure if half dangerous. doctor then online until let the help to fabulous It With apply threatened medical The wives widening Online Mon you quantities caused physician of flavor Super is of Captain the you of proceedure the the and more raquo

Romania Opens Criminal Procedure Against RCSampRDS Telecompaper Subscription
Romania opens criminal procedure against RCSampRDS Telecompaper subscription Romania39s anti corruption authority DNA ordered the opening of a criminal procedure against RCSampRDS for committing bribery and money laundering offenses. The case was opened in May and is related to the granting of television rights to Liga 1 football and more raquo

These Young Women Are Fighting For Your Reproductive Rights BuzzFeed News
BuzzFeed News These Young Women Are Fighting For Your Reproductive Rights BuzzFeed News Activists in Queensland and New South Wales are pushing to remove the procedure from 100 year old criminal law, while women in other states are fighting for greater access, as decriminalisation hasn39t always meant more choice for women in remote and more raquo

Indicted Charged A Guide To Court Jargon Rappler
Rappler Indicted Charged A guide to court jargon Rappler If the complaint is an offense covered by anti graft court Sandiganbayan quotcriminal and civil cases involving graft and corrupt practices and such other offenses committed by public officers and employees, including those in government owned or and more raquo

Doctor Watched Surgery On YouTube Before Fatal Procedure: Suit New York Post
New York Post Doctor watched surgery on YouTube before fatal procedure: suit New York Post Their attorney said the family is also troubled by Sorour39s criminal history. In 2008, Sorour was arrested for misdemeanor assault in Virginia. Any patient would want to know has my doctor been accused of a serious crime, Dodson said. Spartanburg

IMPORTANT NOTICE: The information provided by FactsOfLaw.com does not constitute legal advice or any other type of advice and is provided for educational purposes only without warranty of any kind. FactsOfLaw.com has not reviewed the information on this page for accuracy and is not responsible for any errors, omissions or inaccuracies.  For legal advice you should consult a licensed attorney. Source: wikipedia.org

 

Copyright All Rights Reserved - FactsOfLaw.com
No Portion of This Page May Be Copied Without Written Permission

Facts of Law covering the criminal court proceedures

Facts of Law - Criminal Court Procedure