What Happens During Prosecution?
Whereas the process to recover damages in a civil case is called a lawsuit, a criminal action proceeds by way of a prosecution. A prosecution is advanced by a government agency, either at the state or federal level. A prosecution can last a few days or several years, depending on the complexity of the case. Although some variation in the procedure exists among the states and between the state and the federal court systems, the basic procedure is the same.
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Initial Stage of Prosecution
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Shortly after the accused is arrested, he is presented before a judge at a hearing called an arraignment. The judge informs the accused of a number of constitutional rights that the defendant has, including the right to an attorney. If the defendant cannot afford an attorney, the judge appoints one at no cost to the defendant. The defendant is informed of the charges and asked to enter a plea. Bail may also be set at the arraignment. After the arraignment, a second hearing is held to determine whether enough evidence exists to prosecute the defendant. This hearing is conducted before a grand jury or before a judge. If the prosecution does not have enough evidence, the defendant is released.
Pretrial Motions
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In preparing for trial, it is important for both the prosecution and the defense to determine which evidence can be used at trial. Evidence that the police acquired in violation of the law is not admissible at trial. In such a case, the defense would file a written motion asking the court to exclude that evidence. Either side may also ask the judge by written motion to declare that some piece of evidence is admissible, even if the admissibility of that evidence had not yet been challenged. Other pretrial motions include a request to change the location of the trial and motions to disqualify the judge.
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Dismissal and Case Settlement
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Once the scope of the evidence has been determined by pretrial motions, the prosecution may feel as though there is no longer enough evidence to convict. In this case, the prosecution can dismiss one or more charges. As an alternative, the prosecution and the defense may agree to settle the matter and avoid trial. This could be because both sides are concerned about the strength of their cases or because it is in the interest of saving time by avoiding trial. Although the judge has no discretion to disallow the prosecution from dismissing charges, the judge must approve of a proposed settlement agreement.
Trial
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If the prosecution moves forward with the charges and the parties do not agree to settle, the case moves to trial. The prosecution presents its case, followed by the defense. Each side has the right to call and question witnesses and to present other evidence. At the conclusion of the defendant's presentation, the prosecution is allowed to present additional evidence. The jury then discusses the evidence and delivers its verdict. If the jury finds that the defendant is not guilty, the defendant is released. If the jury finds that the defendant is guilty, the defendant must be sentenced.
Sentencing
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At the sentencing hearing, the prosecution and the defense are entitled to present arguments regarding the severity of the punishment. Victims and their families also have the right to comment on the sentence. At the conclusion of the hearing, the judge imposes the sentence.
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References
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