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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.

 

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Court Declares Section 18 Of Criminal Procedure Act Invalid Eyewitness News
Eyewitness News Court declares Section 18 of Criminal Procedure Act invalid Eyewitness News Acting Judge Clare Hartford has ordered that Section 18 of the Criminal Procedure Act is inconsistent with the Constitution and is invalid. This judgment now needs to be confirmed by the Constitutional Court with the declaration of invalidity suspended and more raquo

SC: Plea Bargaining Allowed In Drug Cases Philippine Star
Philippine Star SC: Plea bargaining allowed in drug cases Philippine Star Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade and shall not diminish, increase or modify substantive rights. Rules of procedure of special courts and more raquo

Key Moments From Michelle Carteraposs Trial And Sentencing After She Encourag...
PEOPLE.com Key Moments From Michelle Carter39s Trial and Sentencing After She Encouraged Boyfriend39s Suicide PEOPLE.com On July 13, 2014, authorities found the body of Conrad Roy III, 18, in his pickup truck parked outside a Kmart in Fairhaven, Massachusetts. He apparently had killed himself by attaching a hose from a portable generator and filling the truck39s cab with 39I love you. Kill yourself.39The Boston Globe all 113 news articles raquo

Who Is Responsible For Delayed Trials In Rape Cases Times Of India Blog
Who is responsible for delayed trials in rape cases Times of India blog The Criminal Procedure Code states that the trial in rape cases as far as possible, be completed within a period of two months from the date of commencement of examination of witnesses. . The CrPC also directed judges to reject pleas for adjournment and more raquo

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

 

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Facts of Law covering the criminal court proceedures

Facts of Law - Criminal Court Procedure