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A Brief Overview of Criminal Procedure

Criminal Procedure

Criminal Procedure Defined?

The criminal procedure refers to the formal legal process for reviewing and adjudicating claims of which an individual is accused. The criminal procedure is initiated when an individual or an entity has been accused of violating some form of criminal law. When this occurs in the United States, the individual or entity will embark on the criminal procedure to investigate and evaluate their innocence in the matter. If the accused is found guilty upon the delivery of the criminal procedure they will be punished according to statute and governing policy.

An accused party’s basic rights in the Criminal Procedure:

The majority of developed or democratic nations incorporate a rule of law that delivers undeniable rights to the accused party. A basic criminal procedure places the burden of proof on the prosecution. The party accusing the individual of the crime must indisputably prove that the defendant is guilty beyond any reasonable doubt. This key aspect of the criminal procedure is held in direct contrast from a situation that would force the defense to prove their innocence. This provision, known as the presumption of innocence, is required in all developed forms of the criminal procedure.

During the criminal procedure the accused party will be joined by a legal professional. These attorneys are either appointed by the State (if the party cannot afford a legal aid) or are chosen privately. The legal professional will draw up a defense that incorporates forms of evidence including witness testimonials. This evidence is then delivered to the judge and jury presiding over the case.

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