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| Procedure In Criminal Actions
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Posted: April 13, 2007
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| A criminal case begins when the government (Federal, State, or Local government) accuses a citizen of a crime. Once accused of a crime, the process is governed by Procedural, Statutory, and Constitutional ... |
| Police Interrogations
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Posted: April 13, 2007
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| Many times the Government’s investigation can lead them to your doorstep. If that should ever happen you should know how their interrogation works. The process is more scientific than you may ... |
| Arraignment
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Posted: April 13, 2007
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| Whether a criminal case begins with an arrest, a summons, or an indictment, the court begins the case with an arraignment. An arraignment is a (usually) brief proceeding at which the court confirms that the ... |
| Bail
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Posted: April 13, 2007
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| When a person 18 or older is arrested (or when a juvenile court transfers a person under 18 for trial in adult court), he or she is usually entitled to be free on bail pending trial, provided he or she satisfies ... |
| Indictment in Felony Cases
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Posted: April 13, 2007
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| A person arrested for a felony is entitled to a preliminary hearing within a short time period. This hearing is held before a municipal court or county court judge or magistrate, unless the person waives the right ... |
| The Trial
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Posted: April 13, 2007
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| The main steps in criminal trials include:
• Selection of a jury;
• Opening statements by the attorneys;
• Presentation of witnesses and evidence (in a criminal trial, the state always goes first, and the ... |
| Burden and Standard of Proof
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Posted: April 13, 2007
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| In a criminal case, the state must prove the defendant’s guilt beyond a reasonable doubt. This is much more stringent burden of proof than in a civil case. Reasonable doubt is present when the jurors, after they ... |
| Jury and Non-Jury Cases
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Posted: April 13, 2007
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| While the right to trial by jury applies in many situations, it does not apply in all cases.
Persons accused of minor misdemeanor offenses, where the maximum penalty is a fine, are not entitled to a jury ... |
| Jury Selection
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Posted: April 13, 2007
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| The process of choosing jurors is called voir dire. During voir dire, attorneys for both the government and the defendant interview potential jurors. In man courts the judge begins a preliminary ... |
| Opening Statement
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Posted: April 13, 2007
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| After the jury is selected and sworn in, the attorneys for each party make their opening statements, beginning with the prosecutor and followed by the defendant’s attorney. The opening statement is an outline of ... |
| Witnesses and Evidence
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Posted: April 13, 2007
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| The prosecution then presents its evidence, after which the defendant may present any additional evidence. If the defendant presents any evidence, the prosecutor may present rebuttal evidence.
A defendant in a ... |
| Closing Arguments
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Posted: April 13, 2007
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| Once all the evidence has been presented, the attorneys deliver their closing arguments to the jury. The prosecutor goes first, because the prosecution has the burden of proving the case. When the prosecutor is ... |
| Jury Instructions
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Posted: April 13, 2007
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| When the attorneys have completed their closing arguments, the judge instructs or charges the jury. This means the judge explains to the jury their duties as members of a jury and the law applicable to ... |
| Verdict
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Posted: April 13, 2007
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| After the judge charges the jury, the jurors are escorted to the jury room to make their decision or verdict. Once inside the jury room, the jury selects a foreperson to make sure that the discussions are orderly ... |
| Sentencing and Post Trial Motions
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Posted: April 13, 2007
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| In criminal cases, the sentence is part of the judgment. In minor criminal cases, sentencing usually takes place immediately following a jury verdict of guilty or the judge’s finding that the offender is guilty. ... |
| Proceedings After the Trial
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Posted: April 13, 2007
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| Following a conviction, the defendant may file a motion for a new trial or for judgment notwithstanding the verdict, that is, a judgment that sets aside the jury’s guilty verdict in favor of a judgment for the ... |
| Appeal
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Posted: April 13, 2007
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| In criminal cases, a person who is convicted may appeal, but the state’s (prosecution’s) right of appeal is very limited because of the constitutional protection against double jeopardy. In general, double ... |
| Other Post-Trial Proceedings
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Posted: April 13, 2007
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| In criminal cases, there are a number of other proceedings that may be held months or years after the trial.
If an offender is placed on community control sanctions, but then violates one of the conditions of ... |
| Summary
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Posted: April 13, 2007
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| Criminal procedure will generally follow this basic process. Above I mention THE STATE as the governmental entity. In any federal case the government or prosecuting party becomes the United States. Likewise, if ... |
| Jury Service
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Posted: April 13, 2007
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| Why is it so important?
Our legal system is designed to work for the people. It contemplates the average citizens’ participation; therefore when you are called to be a juror, you become a very important ... |
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