Criminal procedure
Investigating and charging crimes
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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
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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. Criminal procedure refers to the legal process for adjudicating claims that someone has violated Criminal law. 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 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
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Criminal defenses Criminal law · Evidence Civil procedure
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Law · Criminal justice

In legal terms, a plea is simply an answer to a claim made by someone in a civil or criminal case under common law using the adversary system. 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 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 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 Colloquially, a plea has come to mean the assertion by a criminal defendant, at arraignment or otherwise in response to a criminal charge, whether he or she is Guilty or Not Guilty. 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 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 In the Common law legal system an indictment (ɪnˈdaɪtmənt (in-DITE-mint is a formal accusation of having committed a criminal offense

The concept of the plea is one of the major differences between criminal procedure under common law and procedure under the civil law system. Civil law or Romano-Germanic law or Continental law is the predominant system of law in the world. Under common law, a plea of guilty by the defendant waives trial of the charged offenses and the defendant may be sentenced immediately. In Law, a sentence forms the final act of a Judge -ruled process and also the symbolic principal act connected to his function This produces a system under American law known as plea bargaining. A plea bargain (also plea agreement, plea deal or copping a plea) is an agreement in a Criminal case whereby the Prosecutor offers

In civil law jurisdictions, there is generally no concept of a plea of guilty. A confession by the defendant is treated like any other piece of evidence, and a full confession does not prevent a full trial from occurring or relieve the plaintiff(s) from its duty of presenting a case to the trial court.

Peremptory pleas

Main article: Peremptory pleas

These are pleas which claim that a case cannot proceed for some reason. In the Common law, the peremptory pleas ( pleas in bar) are Pleas that set out special reasons for which a trial cannot go ahead They are so called because, rather than being an answer to the question of guilt or innocence, they are a claim that the matter of guilt or innocence should not be considered.

They are :

• autrefois convict - where the defendant has already been convicted of the charge (and thus cannot be tried again)
• autrefois acquit - where he has previously acquitted of the same charge (and hence cannot be tried again, under the doctrine of double jeopardy),
• plea of pardon - where he has been pardoned for the offence. In the Common law, the peremptory pleas ( pleas in bar) are Pleas that set out special reasons for which a trial cannot go ahead In the Common law, the peremptory pleas ( pleas in bar) are Pleas that set out special reasons for which a trial cannot go ahead Double jeopardy (non bis in idem is a Procedural defense (and in many countries such as the United States, Canada, Mexico and India In the Common law, the peremptory pleas ( pleas in bar) are Pleas that set out special reasons for which a trial cannot go ahead

United States

A defendant who pleads guilty must do so, in the phraseology of a 1938 Supreme Court case, "knowingly, voluntarily and intelligently". A defendant or defender ( Δ in Legal shorthand) is any party who is required to answer the Complaint of a Plaintiff The burden is on the prosecution to prove that all waivers of the defendant's rights complied with due process standards. Accordingly, in cases of all but the most minor offenses, the court or the prosecution (depending upon local custom and the presiding judge's preference) will engage in a plea colloquy wherein they ask the defendant a series of rote questions about the defendant's knowledge of his rights and the voluntariness of the plea. A plea colloquy, in United States Criminal procedure, is a conversation between a Judge and a Criminal defendant who has been Sworn under Typically the hearing on the guilty plea is transcribed by a court reporter and the transcript is made a part of the permanent record of the case in order to preserve the conviction's validity from being challenged at some future time. A court reporter, stenotype reporter or stenographer is a person whose occupation is to transcribe spoken or recorded speech into written

Other special pleas used in criminal cases include the plea of mental incompetence, challenging the jurisdiction of the court over the defendant's person, the plea in bar, attacking the jurisdiction of the court over the crime charged, and the plea in abatement, which is used to address procedural errors in bringing the charges against the defendant, not apparent on the "face" of the indictment or other charging instrument. Special pleas in federal criminal cases have been abolished, and defenses formerly raised by special plea are now raised by motion to dismiss.

In United States v. Binion, malingering or feigning illness during a competency evaluation was held to be obstruction of justice and led to an enhanced sentence. United States v Binion 900 SW2d 702 (2005 is a case in which the U The crime of obstruction of justice includes crimes committed by Judges Prosecutors attorneys general, and elected officials in general Although the defendant had pled guilty, he was not awarded a reduction in sentence because the feigned illness was considered to mean that he was not accepting responsibility for his illegal behavior. ^[1]

Notes

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