What Are The 7 Basic Steps In A Criminal Case?

What are the three stages of a criminal case?

A criminal prosecution generally breaks out into three stages: pretrial, trial, and post-trial..

What are the 5 sources of criminal procedure?

These include the U.S. Constitution, the U.S. Supreme Court, state constitutions and courts, federal and state statutes, rules of criminal procedure, the American Law Institute’s Model Code of Pre-Arraignment Procedure, and the judicial decisions of federal and state courts.

What should I expect at a trial?

The judge makes decisions about the law, like whether the prosecutor met the burden of proof, and whether certain evidence admissible. She also oversees the conduct of the trial. The jury will evaluate the evidence presented, then decide whether the evidence is credible, and whether or not to convict the defendant.

What are the stages of a criminal case?

Stages of a Criminal CaseArrest. Criminal prosecution typically begins with an arrest by a police officer. … Bail. If a suspect in police custody is granted bail, the suspect may pay the bail amount in exchange for a release. … Arraignment. … Preliminary Hearing or Grand Jury Proceedings. … Pre-Trial Motions. … Trial. … Sentencing. … Appeal.

What are the 12 steps of a trial?

12 Steps Of A Trial Flashcards PreviewOpening statement made by the prosecutor or plaintiff.Opening statement made by the defendant.Direct examination by plaintiff or prosecutor.Cross examination by defense.Motions.Direct examination by defense.Cross examination by prosecutor or plaintiff.More items…

How does a criminal case start?

A criminal case usually gets started with a police arrest report. The prosecutor then decides what criminal charges to file, if any. Some cases go to a preliminary hearing, where a judge decides if there is enough evidence to proceed. Cases can also start when a grand jury issues a criminal indictment.

How long does a criminal investigation take?

Quicker cases can take a few months, while more complex ones can take a year or more. Although all criminal defendants are guaranteed the right to a speedy trial, there are some cases in which having the process speed along may not be a positive development.

How is a trial conducted?

The trial is a structured process where the facts of a case are presented to a jury, and they decide if the defendant is guilty or not guilty of the charge offered. During trial, the prosecutor uses witnesses and evidence to prove to the jury that the defendant committed the crime(s).

What is the order of trial?

Trial can be divided into four stages: the opening proceedings, examination of evidence, questioning of the defendant, and the closing arguments.

What are the 14 phases of the trial process?

Terms in this set (14)step 1: pre-trial proceedings. … step 2: jury is selected. … step 3: opening statement by plaintiff or prosecution. … step 4: opening statement by defense. … step 5: direct examination by plaintiff/ prosecution. … step 6: cross examination by defense. … step 7: motions to dismiss or ask for a directed verdict.More items…

What are the 7 steps to a criminal trial?

Criminal Trial PhasesChoosing a Jury.Opening Statements.Witness Testimony and Cross-Examination.Closing Arguments.Jury Instruction.Jury Deliberation and Announcement of Verdict.

What are the 8 steps in a criminal case?

The 8 Steps of Criminal ProceedingsStep 1: Arrest. An arrest is the initial stage in the criminal process in which an individual accused of a crime is taken into custody. … Step 2: Charges. … Step 3: Arraignment. … Step 4: Pretrial Proceedings. … Step 5: Trial. … Step 6: Verdict. … Step 7: Sentencing. … Step 8: Appeal.

What are the seven steps of a trial?

7 Stages To A Criminal TrialVoir Dire. Voir Dire is a fancy French word used to name jury selection. … Opening Statement. After the jury is empaneled, the trial will begin with opening statements. … State’s Case in Chief. After the opening statements the state is required to present its case. … The Defense Case. … State’s Rebuttal. … Closing Arguments. … Verdict.

How do you convince a prosecutor to drop charges?

Though challenging, you can persuade a prosecutor to dismiss criminal charges for several reasons. The primary reasons are weak evidence, illegally obtained evidence, and procedural and administrative errors. Know, however, that a prosecutor may dismiss or drop a case and then refile it.

What happens when you are charged with a federal crime?

Federal crimes, however, are not investigated by state police. Instead, these crimes are investigated by federal agents, such as the DEA or the FBI. They will make an investigation and arrest, often with the aid of the state police. Once the arrest is made, court proceedings can begin.

What does the judge say before a trial?

Judge will say, “Will the foreperson of the jury please stand? Have you reached a verdict?” The foreperson will answer, “Yes, your honor.” Judge then says, “Will the defendant please stand?” Defendants/defense lawyers stand. Judge says, “You may read the verdict.”

What should you not say in court?

8 Things You Should Never Say to a Judge While in CourtAnything that sounds memorized. Speak in your own words. … Anything angry. Keep your calm no matter what. … ‘They didn’t tell me … ‘ That’s not their problem. … Any expletives. You might get thrown in jail. … Any of these specific words. … Anything that’s an exaggeration. … Anything you can’t amend. … Any volunteered information.

How does a judge make a decision?

Trials in criminal and civil cases are generally conducted the same way. After all the evidence has been presented and the judge has explained the law related to the case to a jury, the jurors decide the facts in the case and render a verdict. If there is no jury, the judge makes a decision on the case.

Who is the most important person in the courtroom during a trial?

ProsecutorThe Prosecutor – The Most Powerful Person in the Courtroom.

What is the first step of a trial?

In sequence, they are: Pleading Stage – filing the complaint and the defense’s motions. Pretrial Stage – discovery process, finding of facts. Trial Stage – seating of the jury, testimony on behalf of the plaintiffs and testimony on behalf of the defendants.

How many steps are in a trial?

There are six primary steps in a criminal jury trial: jury selection, opening statements, presentment of the state or prosecutor’s case, presentment of the defendant’s case, closing arguments, and jury deliberations.