Criminal procedures are designed to sentence criminals in a fair manner under the constitution. They’re guaranteed rights throughout investigations and prosecutions during a trial. If the person isn’t prosecuted then the evidence and anything that was found associating to that evidence will be thrown out, but if they continue with the proceedings, then the suspect will be given the right to acquire lawyers to support the defendant’s case in the arraignment hearing. Also during this hearing, a defendant enters a guilty, not guilty, or no contest plea; this gives a chance for the defendant to admit to any wrongdoing, which can speed the process of a criminal procedure if they plead guilty to the crimes. Then, the case enters into a pretrial hearing which exchanges information between prosecution and defense. Collecting enough information is very important because it helps find pertinent facts for the case which can be used as evidence to prosecute the accused of the crime. After the pretrial hearing, the case enters into a preliminary hearing which seeks to find if there’s sufficient evidence that can try the convict. For a criminal procedure, there are two types of trials: jury trial and court trial. In a jury trial, the evidence is presented and either the jury finds you guilty or not guilty. If you’re not guilty, you cannot be tried for the same crime again, under the protection of the 5th Amendment; the jury can only find that the defendant is guilty if there’s a beyond a reasonable doubt for the crime (there’s a great likelihood that the accused committed what was charged). In a court trial, the judge hears evidence and arguments presented, then decides if the defendant is guilty or not. During the sentencing hearing, the judge decides the punishment for the crimes committed by the defendant. Once a criminal case is concluded, the accused may appeal the crime as necessary (asking a higher court to review their case for any legal errors). This process is to ensure that anyone convicted of a crime has their constitutional rights protected and bear the government responsible for inaccurate or unfair actions against them. These proceedings differ from civil cases. Civil procedures start with a filed complaint by someone who has been damaged by the accused, wanting to be compensated for the damage inflicted. After complaints have been filed, they may begin to look for evidence during the discovery process. The downside of prolonged cases is it becomes very costly for both parties.
September 3, 2019 0 Comments