Criminal procedure
Investigating and charging crimes
Criminal investigation
Arrest warrant · Search warrant Probable cause · Knock-and-announce Exigent circumstance Reasonable suspicion Search and seizure · Search of persons Arrest · Detention Right to silence · Miranda warning (U.S.) Grand jury
Criminal prosecution
Statute of limitations · Nolle prosequi Bill of attainder · Ex post facto law Criminal jurisdiction · Extradition Habeas corpus · Bail Inquisitorial system · Adversarial system
Charges and pleas
Arraignment · Information · Indictment Plea · Peremptory plea Nolo contendere (U. An arrest warrant is a warrant issued by and on behalf of the state which authorizes the Arrest and detention of an individual A search warrant is a Court order issued by a Judge or Magistrate that authorizes law enforcement to conduct a Search In United States Criminal law, probable cause refers to the standard by which a Police officer has the right to make an Arrest, conduct Knock-and-announce, in United States Law of Criminal procedure, is an ancient Common-law principle incorporated into the Fourth Amendment An exigent circumstance, in the American Law of Criminal procedure, allows law enforcement to enter a structure without a warrant, or if they Reasonable suspicion is a legal standard in United States law that a person has been is or is about to be engaged in criminal activity based on specific and articulable facts Search and seizure is a legal procedure used in many civil law and Common law legal systems whereby Police or other authorities and their agents who suspect Police officers in various jurisdictions have power to search members of the public, for example for weapons drugs and stolen property An arrest is the act of depriving a person of his or her liberty usually in relation to the investigation and prevention of crime Detention of suspects is the process of keeping a person who has been Arrested in a police-cell prison or other detention centre before Trial or Sentencing The right to remain silent is a legal protection given to people undergoing police Interrogation or trial. In the United States, the Miranda warning is a Warning given by Police to criminal Suspects in police custody or in a custodial situation before The United States of America —commonly referred to as the In the Common law, a grand jury is a type of Jury which determines whether there is enough evidence for a trial. Criminal procedure refers to the legal process for adjudicating claims that someone has violated Criminal law. A statute of limitations is a Statute in a Common law Legal system that sets forth the maximum period of time after certain events that legal proceedings Nolle prosequi is a Latin legal phrase meaning "do not pursue A bill of attainder (also known as an act or writ of Attainder) is an act of Legislature declaring a person or group of persons guilty of Criminal jurisdiction is a term used in Constitutional law and Public law to describe the power of Courts to hear a case brought by a state accusing Extradition is the official process by which one nation or state requests and obtains from another nation or state the surrender of a suspected or convicted criminal Habeas corpus (ˈheɪbiəs ˈkɔɹpəs ( Latin: command that you have the body is the name of a legal action or Writ, through which a person can seek relief Traditionally bail is some form of Property deposited or pledged to a Court in order to persuade it to release a suspect from jail, on the understanding This article is about the inquisitorial system for organizing court proceedings The adversarial system (or adversary system) of law is the system of law generally adopted in Common law countries that relies on the skill of each advocate Arraignment is a Common law term for the formal reading of a criminal Complaint, in the presence of the Defendant, to inform him/her of the charges Information is a formal criminal charge made without a Grand jury Indictment by a Prosecutor in a document called an information. In the Common law legal system an indictment (ɪnˈdaɪtmənt (in-DITE-mint is a formal accusation of having committed a criminal offense For the Pygmy backswimmer Genus, see Plea (insect. In the Common law, the peremptory pleas ( pleas in bar) are Pleas that set out special reasons for which a trial cannot go ahead la Nolo contendere is a legal term that comes from the Latin for "I will not contend it S. ) · Plea bargain Presentence Investigation
Related areas of law
Criminal defenses Criminal law · Evidence Civil procedure
Portals
Law · Criminal justice

Criminal procedure refers to the legal process for adjudicating claims that someone has violated criminal law. A plea bargain (also plea agreement, plea deal or copping a plea) is an agreement in a Criminal case whereby the Prosecutor offers A presentence investigation report ( PSI) is a Legal term referring to the investigation into the history of person convicted of a crime before sentencing to determine The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (e Civil procedure is the body of law that sets out the process that Courts will follow when hearing cases of a civil nature (a " Civil action " as opposed to The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential

Contents 1 Differences between civil law and common law systems 2 Basic rights 3 Difference in criminal and civil procedures 4 References 5 See also

Differences between civil law and common law systems

• The majority of civil law jurisdictions follow an inquisitorial system of adjudication, in which judges undertake an active investigation of the claims by examining the evidence and preparing reports. Civil law or Romano-Germanic law or Continental law is the predominant system of law in the world. This article is about the inquisitorial system for organizing court proceedings Adjudication is the legal process by which an arbiter or Judge reviews evidence and argumentation including legal Reasoning
• In common law systems, the trial judge, the investigators, and the prosecution are separate functions. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive After an investigation has been completed and charges lodged, the trial judge presides over proceedings grounded in the adversarial system of dispute resolution, where both the prosecution and the defense prepare arguments to be presented before the court. The adversarial system (or adversary system) of law is the system of law generally adopted in Common law countries that relies on the skill of each advocate Dispute resolution is the process of resolving disputes between parties. Some civil law systems have adopted adversarial procedures.

Proponents of either system tend to consider that their system defends best the rights of the innocent. There is a tendency in common law countries to believe that civil law / inquisitorial systems do not have the so-called "presumption of innocence", and do not provide the defense with adequate rights. This article is about the inquisitorial system for organizing court proceedings The presumption of innocence being innocent until proven guilty is a legal Right that the Accused in Criminal trials has Conversely, there is a tendency in countries with an inquisitorial system to believe that accusatorial proceedings unduly favor rich defendants who can afford large legal teams, and are very harsh on poorer defendants.

Basic rights

Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the prosecution to prove that the defendant is guilty, as opposed to having the defendant prove that he is innocent, and any doubt is resolved in favor of the defendant. Burden of proof (onus probandi is the obligation to prove Allegations which are presented in a Legal action. The prosecutor is the chief legal representative of the prosecution in countries with either the Common law Adversarial system, or the civil law This provision, known as the presumption of innocence, is required, for example, in the 46 countries that are members of the Council of Europe, under Article 6 of the European Convention on Human Rights, and it is included in other human rights documents. The presumption of innocence being innocent until proven guilty is a legal Right that the Accused in Criminal trials has The Council of Europe (Conseil de l'Europe is the oldest International organisation working towards European integration, being founded in 1949 The Convention for the Protection of Human Rights and Fundamental Freedoms (also called the "European Convention on Human Rights" and "ECHR" was adopted under the However, in practice it operates somewhat differently in different countries.

Similarly, all such jurisdictions allow the defendant the right to legal counsel and provide any defendant who cannot afford their own lawyer with a lawyer paid for at the public expense (which is in some countries called a "court-appointed lawyer"). A counsel or a counsellor gives advice more particularly in legal matters A lawyer, according to Black's Law Dictionary, is "a person learned in the law as an attorney, Counsel or Solicitor; a person Again, the efficiency of this system depends greatly on the jurisdictions. In some jurisdictions, the lawyers provided to indigent defendants are often overworked or less competent, or may not take much interest in the cases they have to defend.

Difference in criminal and civil procedures

Most countries make a rather clear distinction between civil and criminal procedures. For example, an English criminal court may force a defendant to pay a fine as punishment for his crime, and he may sometimes have to pay the legal costs of the prosecution. England is a Country which is part of the United Kingdom. Its inhabitants account for more than 83% of the total UK population whilst its mainland Criminal justice is the system of practices and organizations used by national and local governments directed at maintaining Social control, deterring The prosecutor is the chief legal representative of the prosecution in countries with either the Common law Adversarial system, or the civil law But the victim of the crime pursues his claim for compensation in a civil, not a criminal, action. In the sociological field, crime is the breach of a rule or Law for which some governing authority or force may ultimately prescribe a Punishment In Law, damages refers to the money paid or awarded to a Claimant (England Pursuer (Scotland or Plaintiff (US following a successful ^[1] In France, however, a victim of a crime may be awarded damages by a criminal court judge. This article is about the country For a topic outline on this subject see List of basic France topics. In Law, damages refers to the money paid or awarded to a Claimant (England Pursuer (Scotland or Plaintiff (US following a successful Criminal justice is the system of practices and organizations used by national and local governments directed at maintaining Social control, deterring A judge, or justice, is an Official who presides over a Court of law

The standards of proof are higher in a criminal action than in a civil one since the loser risks not only financial penalties but also being sent to prison (or, in some countries, executed). A prison, penitentiary, or correctional facility is a place in which individuals are physically confined or interned and usually deprived of a range of In English law the prosecution must prove the guilt of a criminal “beyond reasonable doubt”; but the plaintiff in a civil action is required to prove his case “on the balance of probabilities”. English law is the legal system of England and Wales, and is the basis of Common law legal systems used in most Commonwealth countriesand the A plaintiff ( Π in Legal shorthand) also known as a claimant or complainant, is the party who initiates a Lawsuit In law a lawsuit is a civil action brought before a Court in which the party commencing the action the Plaintiff, seeks a legal or equitable remedy ^[1] Thus, in a criminal case a crime cannot be proven if the person or persons judging it doubt the guilt of the suspect and have a reason (not just a feeling or intuition) for this doubt. The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential But in a civil case, the court will weigh all the evidence and decide what is most probable. Civil law, as opposed to Criminal law, refers to that branch of Law dealing with disputes between Individuals and/or Organizations, in which

Criminal and civil procedure are different. Civil procedure is the body of law that sets out the process that Courts will follow when hearing cases of a civil nature (a " Civil action " as opposed to Although some systems, including the English, allow a private citizen to bring a criminal prosecution against another citizen, criminal actions are nearly always started by the state. England is a Country which is part of the United Kingdom. Its inhabitants account for more than 83% of the total UK population whilst its mainland The prosecutor is the chief legal representative of the prosecution in countries with either the Common law Adversarial system, or the civil law A state is a political association with effective Sovereignty over a geographic Area and representing a Population. Civil actions, on the other hand, are usually started by individuals. In law a lawsuit is a civil action brought before a Court in which the party commencing the action the Plaintiff, seeks a legal or equitable remedy As commonly used, individual refers to a Person or to any specific object in a collection

In Anglo-American law, the party bringing a criminal action (that is, in most cases, the state) is called the prosecution, but the party bringing a civil action is the plaintiff. In both kinds of action the other party is known as the defendant. A criminal case against a person called Ms. Sanchez would be described as “The People vs. (=versus, or against) Sanchez” in the United States and “R. The United States of America —commonly referred to as the (Regina, that is, the Queen) vs. List of current queens regnant A queen regnant (plural "queens regnant" is qualifying reference to a female Monarch possessing and exercising all of the monarchal Sanchez” in England. But a civil action between Ms. Sanchez and a Mr. Smith would be “Sanchez vs. Smith” if it was started by Sanchez, and “Smith vs. Sanchez” if it was started by Mr. Smith.

Evidence from a criminal trial is not necessarily admissible as evidence in a civil action about the same matter. Criminal procedure refers to the legal process for adjudicating claims that someone has violated Criminal law. In law a lawsuit is a civil action brought before a Court in which the party commencing the action the Plaintiff, seeks a legal or equitable remedy For example, the victim of a road accident does not directly benefit if the driver who injured him is found guilty of the crime of careless driving. In the sociological field, crime is the breach of a rule or Law for which some governing authority or force may ultimately prescribe a Punishment He still has to prove his case in a civil action. ^[1] In fact he may be able to prove his civil case even when the driver is found not guilty in the criminal trial.

Once the plaintiff has shown that the defendant is liable, the main argument in a civil court is about the amount of money, or damages, which the defendant should pay to the plaintiff. Money is anything that is generally accepted as Payment for Goods and services and repayment of Debts. In Law, damages refers to the money paid or awarded to a Claimant (England Pursuer (Scotland or Plaintiff (US following a successful ^[1]

References

See also

• Criminal procedure in the United States
• Criminal law

In the United States there is a distinction between constitutional criminal procedure, which consists of baseline protections that the United States Constitution requires be The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential

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