1. What is criminal prosecution?
Criminal prosecution is a legal process wherein the government or state files a charge against a person or group that has been charged with a crime. In prosecution, one intends to prove before the court that the accused violated criminal laws and ought to be punished, such as through penalties including fines, imprisonment, or community service.
2. Who shall prosecute the case?
A criminal case is usually prosecuted by a prosecutor, often referred to as the district attorney (DA) or public prosecutor. Usually, the prosecutor is representing the government or state and not the victim themselves. His role is to present evidence, argue the case, and ensure justice is served in terms of holding the defendant accountable.
3. What is involved in criminal prosecution?
The procedure in a criminal prosecution includes:
Investigation: Authorities investigate the crime, collect evidence, and find suspects.
Arrest: The suspect is arrested if enough evidence is collected.
Charges: The prosecutor files charges with the court against the defendant.
Arraignment: The defendant is formally charged in court, and they enter a plea.
Trial: The case goes to trial if a plea deal isn’t reached. Both sides present evidence.
Verdict: The judge or jury delivers a verdict of guilty or not guilty.
Sentencing: If convicted, the judge sentences the defendant.
Read Also:
- https://legalpulse360.com/10-key-questions-to-understand-criminal-evidence/
- https://legalpulse360.com/6-questions-and-answers-about-criminal-appeals/
- https://legalpulse360.com/20-frequently-asked-questions-about-sentencing-guidelines/
4. What is the role of the defense in a criminal prosecution?
The defense attorney represents the accused party in ensuring a fair trial. They work towards protecting the constitutional rights of their client, challenging the prosecution’s evidence, and presenting a case that would help them acquit or reduce the charges against them. Defense can cross-examine witnesses and present evidence to bring about a sense of doubt regarding the defendant’s guilt.
5. What is the standard of proof in criminal cases?
In criminal cases, the prosecution must prove the defendant’s guilt beyond a reasonable doubt. This is the highest standard of proof in the legal system, meaning that the evidence must be so strong that no reasonable person would doubt the defendant’s guilt.
6. What is a plea bargain?
It is an agreement between the defendant and the prosecutor in which the defendant pleads guilty to a lesser charge or accepts a reduced sentence in exchange for not having to go to trial. Plea bargains are by far common in criminal cases because they save time and resources for both parties.
7. Can a criminal case be dismissed?
Yes. A judge may dismiss a criminal case based on the lack of some evidence, errors in procedure, or violation of the defendant’s rights. The case and possibly the accused might get discharged without conviction if a motion to dismiss is granted.
8. What if the defendant is found guilty?
If the defendant is found guilty at trial, they are convicted of the crime and will be sentenced. The sentence may depend on factors such as the seriousness of the crime, the defendant’s criminal history, and other mitigating circumstances. Sentences may include imprisonment, fines, probation, or other penalties.
