Criminal proceedings

Criminal proceedings begin with bringing the charge. The charge must set forth the time, date and place of the alleged criminal act as well as the nature of the charge. Crimes of a serious nature, such as murder or treason, may be charged, by indictment only.

When a criminal action is instituted, the clerk of the court issues a warrant for the arrest of the person charged. A person who is arrested must be brought before a magistrate or justice of the peace with the least possible delay. Many jurisdictions permit law enforcement officials to hold a person without a formal charge up to 24 hours for purposes of investigation. The defendant formally charged with a crime is entitled to an attorney at all times.

If the individual charged with a crime requests a preliminary hearing before a magistrate, the court will set a hearing within a reasonably short time. At the hearing the state must present suf­ficient evidence to convince the magistrate there is reason to believe the defendant has committed the crime with which he is charged. The defendant must be present at this hearing, but he may or may not present evidence on his own behalf.

If the magistrate believes the evidence is sufficient, he will order the defendant bound over the trial in the proper court. On the other hand, the magistrate may dismiss the charge and order the defendant released if he concludes the state has failed to produce sufficient evidence in the preliminary hearing.

In most instances a criminal case is placed on the court’s ca­lendar for arraignment. On the date fixed, the accused appears, the indictment is read to him, his rights are explained by the judge, and he is asked whether he pleads guilty or not guilty to the charge. If he pleads not guilty, his case will be set later for trial; if he pleads guilty, it ordinarily will be set later for sen­tencing. In cases of minor offences, sentences may be imposed im­mediately. But in some states, plea and arraignment are separate proceedings, held on different days.

Very careful preparation on the part of the prosecution and the defence precedes the trial. The defence attorney may file a demurrer or motion for dismissal. In preparing for trial, attorneys for both sides will interview prospective witnesses, secure expert evidence, and gather testimony concerning ballistics, chemical tests and other similar data.

Дата добавления: 2015-09-01