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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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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 World39s first human head transplant a success, controversial scientist No, there hasn39t been a human 39head transplant39, and there may never beThe Guardian Italian doctor says world39s first human head transplant 39imminent39USA TODAY 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

Police Reach Agreement On Deadly Encounter Investigations The Tennessean
The Tennessean Police reach agreement on deadly encounter investigations The Tennessean Barry, who facilitated talks between all parties, said she appreciated law enforcement officials39 willingness to reach a consensus. I understand and appreciate Chief Anderson39s concerns about the MNPD relinquishing the ability to conduct a separate and more raquo

Bridetobe Called 911 For Help And Was Fatally Shot By A Minneapolis Police Of...
Buffalo News Bride to be called 911 for help and was fatally shot by a Minneapolis police officer Buffalo News Authorities said the officers involved in Damond39s shooting have been placed on paid administrative leave, which is standard procedure. A spokesman for the Minneapolis Police Department said a formal review is always conducted in cases of officer Sources: Justine Damond was fatally shot through door of police car StarTribune.comStar Tribune all 1,705 news articles raquo

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Facts of Law covering the criminal court proceedures

Facts of Law - Criminal Court Procedure