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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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Mom Arrested While Trying To See Dying Son At York Hospital: Hereaposs What W...
York Daily Record/Sunday News Mom arrested while trying to see dying son at York Hospital: Here39s what we know now York Daily Record/Sunday News A York mother was arrested while trying to see her dying son at York Hospital after he had been shot on Tuesday, and Mayor Michael Helfrich says any investigation being conducted should start from the minute the victim arrived at the medical facility 39What39s this world coming to39 York mom arrested while trying to see dying son at hospitalYork Daily Record/Sunday News all 21 news articles raquo

Customs Officer Acquitted In Gun Case Cayman News Service
Cayman News Service Customs officer acquitted in gun case Cayman News Service Terry had told the court that security procedures on the Brac at customs were lackadaisical and he believed there were people who could have set him up. The jury also heard during the trial that the tank was not locked and accessible to many people.

IMMORTALITY POSSIBLE Worldaposs First Human Head Transplant Apossuccessfullya... IMMORTALITY POSSIBLE World39s first human head transplant 39successfully39 carried out The next step will be to carry out the procedure using a live, but brain dead, human being who has agreed to organ donation, before the first attempt at a living person with a functioning brain is made. Dr Canavero, is dubbed Dr Frankenstein for his Italian doctor says world39s first human head transplant 39imminent39USA TODAY World39s first human head transplant a success, controversial scientist No, there hasn39t been a human 39head transplant39, and there may never beThe Guardian all 110 news articles raquo

Dayonte Resiles, 8 Others Face Charges In Connection With RICO Investigation ...
Local 10 Dayonte Resiles, 8 others face charges in connection with RICO investigation Local 10 Through a series of several phone calls, Resiles plotted out his alibi with his friends and at one point said that if he didn39t win his criminal case, he would escape from jail again. quotIf push ever come to shove, if my back ever got put against the and more raquo

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Facts of Law covering the criminal court proceedures

Facts of Law - Criminal Court Procedure