Criminal Proceedings are a common affair and come under a structured format in a democratic setup.
The major element that separates a thriving democracy from an anarchist state is Law and order. That law and order are the same for everyone is the primary requisites of a responsible nation.
A criminal charge and subsequent proceedings come under a democratic setup, unlike justice on the roads. So how does it all start? A criminal charge usually starts with a police arrest report. The prosecutor thereafter decided on the exact charges that are to be filed.
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In the following article, we are going to take the procedural route that follows a Criminal Charge.
Post arrest the police go to the prosecutor. The prosecutor starts the case. An arrest report is prepared that documents the events that lead to court proceedings. The prosecutor has a definite role in this development.
1.The prosecutor determines whether or not the case should be filed against an individual.
2. The prosecutor decided if the case should go to the grand judge or not.
After an arrest, the police prepare the specifics of the crime, on the basis of which the entire Arrest takes place.
The police prepare their own charges. But the prosecutor is the last authority to decide if a court case is indeed valid or not.
By this time the lawyer of the guilty party or defendant learns on what circumstances gets time to prepare for the case.
Typically the prosecutor decides on a Felony complaint rather than sending the cases against the teams involved.
At the hearing, the prosecutor shows that the state has enough evidence against the guilty party.
If the state has not had enough resources, then it will be very difficult for the prosecutor to move with the case. So first thing, the prosecutor collects enough resources to initiate the proceedings.
But if the case goes near the grand jury, in this case, no preliminary hearing is made against the party. So there must be enough resources to start the proceedings.
Pre-trial motions are brought by both the prosecutor as well as the defense lawyer so that the proceedings move towards a quick resolve.
The ultimate objective of the Pre Trial Motion is to establish the evidence under which the arrest and subsequent proceedings get initiated and reach the state.
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During the trial, both the prosecutor as well as the defense lawyer will put forth its claims, rationality, and proof of their defense.
Arguments and counterarguments are hurled at each other to establish the might and stability of their own case.
The jury finally oversees both sides that examine the proofs and testimonials of both the parties. After giving a look at the testimonials, the final judgment is given. That is, the closing statement on the judgment is given by the judge.
Now if the judges fail to come to a conclusion and provide their verdict then, in that case, might be either dismissed or a new bench of the jury is set to continue with the trial process.
During the very phase, the court gives the verdict after monitoring all the sections carefully and diligently.
While delivering a suitable sentence the court will consider a certain number of factors.
This includes the nature and the severity of the crime committed, the other external events and influences that drove the crime, the previous criminal history of the defendant if any, circumstances, and some degree of remorse felt by the defendant.
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If the individual is sentenced but is not at all satisfied with the final judgment, it can move on to the higher court for justice and judgment.
Now it might happen that the judgment is completely inverse in the higher court. Therefore there is enough scope for both the parties to move their logic and gather evidence.
The USA has an extremely strong and potent judiciary system that ensures the right judgment for all. That is the guilty party is booked and punished according to the state laws and the innocent comes out victorious and receives the reparations for the injustice that happens to him.