Trial Proceedings Research Paper Example | Topics and Well Written Essays - 1000 words

Trial Proceedings - Re look to Paper ExampleThere argon various steps involved in the process of criminal justice the basic ones involved ar 1. Investigation of the crime by the police force. This is through to gather the evidence which will identify the peculiar in that certain criminal case and will support the arrest. Search inspecting a certain situation or a person is an important part of the investigation. A normal of proof that is required for search is probable case. Probable case refers to the existence of facts that would indicate that there is evidence of criminal play institute at a certain place. 2. If enough evidence is found to make a case, the arrest of the louche by police force follows the person charged with a crime is taken in the clutches to be held as a suspect until the court rules on this case. To make an arrest, a legal necessary is that of probable cause. Probable cause refers to the existence of a average link between the suspect and the aver c rime. 3. The quest of defendant (criminal) is done by the district attorney. To charge the suspect with a crime, the prosecutors consume to beseech different factors like the evidences strength and the seriousness of crime/offense that defendant is world charged with. 4. Indictment by grand jury or information filing by prosecutor. When prosecution is done for capital offense, an c go steadyment is a necessary requirement under the criminal procedures federal rules. A prosecutor has a choice of information or the indictment in the cases that have imprisonment as punishment of the crime. In almost half of the states as well as the federal system, it is the grand jurys decision whether or not to bring the charges up in a closed comprehend against the person if evidence is provided only by the prosecutor. The defendant holds no right of being present at proceedings of the grand jury or get representation by a defence attorney in front of the grand jury. Probable cause is a stan dard to indict the person for a certain crime. In other states, charging document is filed by a prosecutor. The preliminary hearing then assesses if enough evidence exists to start the trial. To dispute the charges, the defendant or his/her attorney can determine this hearing. 5. Arrangement by the judge. Before the trial starts, the defendant appears in the court to enter a plea. bloodguilty or not guilty are the most common types of pleas. 6. Pre-trial detention or bail. The temporary hold which the suspect is held in prior to the trial is referred to as detention. The money paid by the defendant to ensure that the suspect makes an appearance for the trial is called the bail. 7. Plea bargaining is done between the prosecutor and defence attorney. This is done usually when the defendant has agreed to plead guilty and in exchange the charges or sentence is decrease for him/her. 8. Trial of guilt with participation of defence attorney and prosecutor by the judge or a jury. A tria l before the jury or a judge is held for a criminal conviction, the standard of the evidence is the guilt beyond a reasonable doubt, which means that even if there isnt c percent certainty, there is more than enough probability. The accused has the entitlement to be acquitted if there is a reasonable doubt. 9. The sentencing. If the defendant is found guilty, the judge passes a sentence. The sentence varies according to the seriousness of