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| Criminal procedure |
|---|
| Criminal trials and convictions |
| Rights of the accused |
| Fair trial · Speedy trial · Jury trial |
| Counsel · Presumption of innocence |
| Exclusionary rule (U. Criminal procedure refers to the legal process for adjudicating claims that someone has violated Criminal law. The rights of the accused is a class of rights that apply to a person in the time period between when they are formally accused of a crime and when they are either convicted or acquitted The right to fair trial is an essential right in all countries respecting the Rule of law. Speedy trial refers to one of the rights guaranteed by the United States Constitution to defendants in criminal proceedings Right to counsel is nowadays generally regarded as a constituent of the Right to a fair trial, allowing for the defendant to be assisted by counsel (i The presumption of innocence being innocent until proven guilty is a legal Right that the Accused in Criminal trials has The exclusionary rule is a legal principle in the United States, under constitutional law, that holds that evidence collected or analyzed in violation of S. ) |
| Self-incrimination · Double jeopardy (Not E&W) |
| Verdict |
| Acquittal · Conviction |
| Not proven (Scot. Self-incrimination is the act of accusing oneself of a Crime for which a person can then be Prosecuted. Double jeopardy (non bis in idem is a Procedural defense (and in many countries such as the United States, Canada, Mexico and India In Law, a verdict is the formal finding of fact made by a Jury on matters or questions submitted to the jury by a judge In Criminal law, an acquittal is a verdict of not guilty, or some similar end of the proceeding that terminates it with prejudice without a verdict In Law, a conviction is the Verdict that results when a Court of law finds a Defendant guilty of a Crime. Not proven is a Verdict available to a court in Scotland. Under Scots law, a criminal trial may end in one of three verdicts ) · Directed verdict |
| Sentencing |
| Mandatory · Suspended · Custodial |
| Dangerous offender (Can. In Law, a directed Verdict is ruling by a Judge presiding over a Jury trial typically made after the plaintiff has presented all of her evidence In Law, a sentence forms the final act of a Judge -ruled process and also the symbolic principal act connected to his function A mandatory sentence is a court decision setting where Judicial discretion is limited by Law. A custodial sentence is a judicial sentence imposing a punishment (and hence the resulting punishment itself consisting of mandatory custody of the convict either in prison In Canada, England and Wales, certain convicted persons may be designated as dangerous offenders and subject to a longer or indefinite term of imprisonment E&W) |
| Capital punishment · Execution warrant |
| Cruel and unusual punishment |
| Post-conviction events |
| Parole · Probation |
| Tariff (UK) · Life licence (UK) |
| Miscarriage of justice |
| Exoneration · Pardon |
| Related areas of law |
| Criminal defenses |
| Criminal law · Evidence |
| Civil procedure |
| Portals: Law · Criminal justice |
A suspended sentence is a legal construct. Capital punishment, the death penalty or execution, is the Killing of a person by judicial process as Punishment. An execution warrant or death warrant is a warrant which authorizes the execution of a judgment of death ( Capital punishment) on an individual Parole may have different meanings depending on the field and judiciary system Probation is the suspension of all or part of a jail sentence the Criminal who is "on probation" has been convicted of a crime but instead of serving jail Under the criminal law of England and Wales, a tariff is the minimum period that a person serving an indefinite Prison sentence must serve before that person becomes In the British criminal justice system a life licence specifies the conditions under which a prisoner sentenced to life in jail may be released Exoneration occurs when a person who has been convicted of a Crime is later proved to have been innocent of that crime A pardon is the forgiveness of a crime and the penalty associated with it 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 Unless a minimum punishment is prescribed by law, the court has the power to suspend the passing of sentence (generally for a period of three years) and place the offender on probation. A mandatory sentence is a court decision setting where Judicial discretion is limited by Law. A court is a forum used by a power base to adjudicate disputes and dispense civil, labour administrative and criminal Justice under its Probation is the suspension of all or part of a jail sentence the Criminal who is "on probation" has been convicted of a crime but instead of serving jail It is the passing of the sentence, not the sentence itself, that is being suspended. This means that if the person is convicted of another offence during the period when the passing of sentence had been suspended, then the person may be sentenced for the original offence.
Suspended sentence is necessary for probation, but in cases where the penalty is recorded as suspended sentence it is often given to mitigate the effect of the penalty. It is common practice for judges to hand down a suspended sentence to first-time offenders who have committed a minor crime, and for prosecutors to recommend a suspended sentence as part of a plea bargain. A judge, or justice, is an Official who presides over a Court of law The prosecutor is the chief legal representative of the prosecution in countries with either the Common law Adversarial system, or the civil law A plea bargain (also plea agreement, plea deal or copping a plea) is an agreement in a Criminal case whereby the Prosecutor offers
In Canada, a suspended sentence still results in a criminal record even though it is possible that no time is served or other penalty incurred.
In some states of the USA, such as Pennsylvania, suspended sentences have not been authorized by the legislature and are therefore illegal. Com. v. Hamilton, 488 A. 2d 277 (Pa. Super. 1985); 42 Pa CSA s. 9721.
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