Question

Identify the early stages taken during the criminal law process.

Answer 1

Arrest

Criminal arraignment regularly starts with a capture by a cop. A cop may capture an individual if (1) the official notices the individual carrying out a wrongdoing; (2) the official has reasonable justification to accept that a wrongdoing has been submitted by that individual; or (3) the official makes the capture under the authority of a legitimate capture warrant. After the capture, the police books the suspect. At the point when the police total the booking cycle, they place the suspect in care. On the off chance that the suspect commited a minor offense, the strategy may give a reference to the suspect with directions to show up in court sometime in the future.

Bail

On the off chance that a suspect in police care is conceded bail, the suspect may pay the bail sum in return for a delivery. Delivery on bail is dependent upon the speculate's guarantee to show up at all planned court procedures. Bail might be allowed to a speculate following booking or at a later bail survey hearing. Then again, a suspect might be delivered on his "own recognizance." A speculate delivered on his own recognizance need not post bail, yet should guarantee recorded as a hard copy to show up at all planned court appearances. Own recognizance discharge is allowed after the court thinks about the earnestness of the offense, and the speculate's criminal record, danger to the local area and binds to family and business.

Arrangement

The presume shows up at the arraignment. During arraignment, the appointed authority peruses the charges documented against the litigant in the grievance and the respondent decides to argue "liable," "not liable" or "no challenge" to those charges. The adjudicator will likewise audit the litigant's bail and set dates for future procedures.

Preliminary Hearing or Grand Jury Proceedings

The public authority by and large gets criminal allegations one of two different ways: by a "bill of data" got by a primer hearing or by fabulous jury arraignment. In the government framework, cases should be brought by prosecution. States, nonetheless, are allowed to utilize either measure. Both primer hearings and amazing juries are utilized to build up the presence of reasonable justification. In the event that there is no finding of reasonable justification, a litigant won't be compelled to stand preliminary.

A primer hearing, or fundamental assessment, is an antagonistic continuing in which guidance addresses observers and the two players makes contentions. The adjudicator at that point makes a definitive finding of reasonable justification. The amazing jury, then again, hears just from the examiner. The fantastic jury may consider their own observers and solicitation that further examinations be performed. The fabulous jury at that point chooses whether adequate proof has been introduced to prosecute the respondent.

Pre-Trial Motions

Pre-preliminary movements are brought by both the arraignment and the safeguard to determine last issues and build up what proof and declaration will be allowable at preliminary.

Trial

At preliminary, the appointed authority or the jury will either see the litigant as blameworthy or not liable. The indictment bears the weight of confirmation in a criminal preliminary. Subsequently, the examiner should demonstrate past a sensible uncertainty that the litigant perpetrated the violations charged. The litigant has an established right to a jury preliminary in most criminal issue. A jury or judge makes the last assurance of blame or guiltlessness in the wake of tuning in to opening and shutting proclamations, assessment and interrogation of witnesses and jury directions. On the off chance that the jury neglects to arrive at a consistent decision, the appointed authority may proclaim a malfeasance, and the case will either be excused or another jury will be picked. On the off chance that an appointed authority or jury sees the respondent as blameworthy, the court will sentence the litigant.

Step-by-step explanation:

Answer 2

Arrest

Criminal prosecution typically begins with an arrest by a police officer. A police officer may arrest a person if (1) the officer observes the person committing a crime; (2) the officer has probable cause to believe that a crime has been committed by that person; or (3) the officer makes the arrest under the authority of a valid arrest warrant. After the arrest, the police books the suspect. When the police complete the booking process, they place the suspect in custody. If the suspect commited a minor offense, the policy may issue a citation to the suspect with instructions to appear in court at a later date.

Bail

If a suspect in police custody is granted bail, the suspect may pay the bail amount in exchange for a release. Release on bail is contingent on the suspect's promise to appear at all scheduled court proceedings. Bail may be granted to a suspect immediately after booking or at a later bail review hearing. Alternatively, a suspect may be released on his "own recognizance." A suspect released on his own recognizance need not post bail, but must promise in writing to appear at all scheduled court appearances. Own recognizance release is granted after the court considers the seriousness of the offense, and the suspect's criminal record, threat to the community and ties to family and employment.

Arraignment

The suspect makes his first court appearance at the arraignment. During arraignment, the judge reads the charges filed against the defendant in the complaint and the defendant chooses to plead "guilty," "not guilty" or "no contest" to those charges. The judge will also review the defendant's bail and set dates for future proceedings.

Preliminary Hearing or Grand Jury Proceedings

The government generally brings criminal charges in one of two ways: by a "bill of information" secured by a preliminary hearing or by grand jury indictment. In the federal system, cases must be brought by indictment. States, however, are free to use either process. Both preliminary hearings and grand juries are used to establish the existence of probable cause. If there is no finding of probable cause, a defendant will not be forced to stand trial.

A preliminary hearing, or preliminary examination, is an adversarial proceeding in which counsel questions witnesses and both parties makes arguments. The judge then makes the ultimate finding of probable cause. The grand jury, on the other hand, hears only from the prosecutor. The grand jury may call their own witnesses and request that further investigations be performed. The grand jury then decides whether sufficient evidence has been presented to indict the defendant.

Pre-Trial Motions

Pre-trial motions are brought by both the prosecution and the defense in order to resolve final issues and establish what evidence and testimony will be admissible at trial.

Trial

At trial, the judge or the jury will either find the defendant guilty or not guilty. The prosecution bears the burden of proof in a criminal trial. Thus, the prosecutor must prove beyond a reasonable doubt that the defendant committed the crimes charged. The defendant has a constitutional right to a jury trial in most criminal matters. A jury or judge makes the final determination of guilt or innocence after listening to opening and closing statements, examination and cross-examination of witnesses and jury instructions. If the jury fails to reach a unanimous verdict, the judge may declare a mistrial, and the case will either be dismissed or a new jury will be chosen. If a judge or jury finds the defendant guilty, the court will sentence the defendant.