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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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Leighton Hospital Dealing With Highest Number Of Emergencies In Its History ...
Crewe Chronicle Leighton Hospital dealing with highest number of emergencies in its history Crewe Chronicle The unwell patients we are safely caring for are being tightly monitored by our clinical teams. We are also closely watching any peaks in demand so we can spot potential surges early and take action where needed. He continued: Temporarily postponing and more raquo

Court Declares Section 18 Of Criminal Procedure Act Invalid Eyewitness News
Eyewitness News Court declares Section 18 of Criminal Procedure Act invalid Eyewitness News 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 for 18 months to allow Parliament to fix and more raquo

SC Issues Guidelines On Quashing Of FIR/Criminal Proceedings On The Ground Of...
SC Issues Guidelines On Quashing Of FIR/Criminal Proceedings On The Ground Of Settlement Between PartiesRead Live Law It only recognizes and preserves powers which inhere in the High Court. ii The invocation of the jurisdiction of the High Court to quash a First Information Report or a criminal proceeding on the ground that a settlement has been arrived at between and more raquo

California HOA Forces Residents To Keep Garage Doors Open To Deter Squatters ...
PJ Media California HOA Forces Residents to Keep Garage Doors Open to Deter Squatters PJ Media It seems in this case the HOA did not enforce its rules against garage doors. People added doors to carports, most likely without approval of the architectural committee of the HOA. Then when the board perceives a problem they make a rule to solve the and more raquo

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Facts of Law covering the criminal court proceedures

Facts of Law - Criminal Court Procedure