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Latest News About the CRIMINAL TRIAL PROCESS : AN OVERVIEW
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CRIMINAL TRIAL
PROCESS : AN OVERVIEW
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accusing a suspect directly in a “bill of information” or other
similadocument, or
by bringing evidence before a grand jury which determines
validity of the caseshould. Upon validation, the accused is
indicted.
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 prosecution bears the
burden of proof and 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, then rests.
The government brings charges either by:
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 Fifth
Amendment to the United States Constitution states that the
defendant is not required to testify, but if he waives that right and
does testify, he must answer the prosecution’s questions. Upon
completion of rebuttals and the presentation, the defense rests.
Each side makes closing arguments.
Then the judge gives the jury legal instructions and the jury
then adjourns to deliberate in private. The jury must
unanimously agree on a verdict of guilty or not guilty in
criminal cases.
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If a defendant is found guilty, usually a separate hearing is set
to declare sentencing. The sentence is usually determined by
the judge based on information provided by the prosecution,
defense, and court. However, in capital cases, a jury may
determine whether to recommend that the death penalty should
be imposed. Again, 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. U.S. appellate courts only examine the record of the
proceedings in the lower court to determine if errors were made
that require a new trial, resentencing, or a complete discharge of
the defendant. 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.