Criminal Procedure Is Composed of Term Paper

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The defendant is presented with a written accusation dealing the facts of the crime and his or her involvement in the crime. The written accusation may be presented by a grand jury, a prosecutor or a police officer. If the defendant enters a not guilty plea, a date for trial is set. Bail is either set or the defendant is required to be detained, kept in jail until the trial. Bail could range from being "released on your own recognizance," in other words, you are on your honor to appear at the next hearing, to many thousands of dollars. When a higher amount of bail is set, a bail bondsman is often called to provide the bail payment in exchange for a fee and a lien against property, as collateral, of the defendant. If bail is posted, the defendant is released but must show up at the next hearing, or bail will be forfeited.

The third step is a preliminary hearing, a hearing in which a judge determines whether the defendant should be held for trial. At this hearing, the prosecution has the burden of providing sufficient evidence to the judge that a crime has occurred and that the defendant committed the crime.

The fourth step is the trial, which includes opening statements, examination of witnesses and presentation of evidence, closing statements, charging the jury (giving the jury its instructions), the verdict rendered by the jury after due deliberation, and entering of the verdict (either guilty, guilty of a lesser included or related offense, or not guilty).

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After a verdict is issued, the defendant may try a post-trial motion, such as a motion for a new trial.

When a defendant has been found guilty by trial or has plead guilty, the fifth step occurs, which is a hearing to determine the imposition of the sentence. Sentencing reports, which set forth mitigating and compounding factors (prior payment of restitution may be a mitigating factor, other convictions of crimes may be a compounding factor) are often submitted to the judge and then the judge pronounces judgment at a sentencing hearing (in some jurisdictions juries or sentencing councils render the sentence). The defendant may be ordered to pay a fine, be released but subject to specific terms of probation, or sent directly to jail. If a person violates the terms of his or her probation, he or she may have his or her probation revoked, and be sent to jail.

In the last step, after conviction of a crime, the defendant has an appeal, an appellate proceeding which may.....

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