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STAGES OF A CRIMINAL PROCEEDING - Coggle Diagram
STAGES OF A
CRIMINAL PROCEEDING
USA
Investigation
Obtaining evidence and help prosecutors understand the case details
Charging
After studying the evidence, the prosecutors decides whether to present the case to a jury
When charged, a defendant can be represented by a lawyer
Initial Hearing/Arraignment
Defendant is brough before a magistrate judge who reminds them of their rights and the charges against them
Arrangements for an attorney
Bail is possible at this stage
Discovery
Collecting more evidence for or against the defendant
Talking to witnesses, studying evidence, creating case strategy, etc.
Prosecutor must provide the defendant/defense copes of materials/evidence they plan to use
Plea Bargaining
Possibility to avoid trial or reduce sentence
Preliminary Hearing
On a plea of “not guilty” – prosecutor must show enough evidence to justify a case against the defendant
“mini-trial” – witnesses, evidence, cross-examination
Pre-Trial Motions
Prosecutor can submit a motion to the court (request that a court make a decision before a trial)
Trial
“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.”
Jury selection, opening statements, presentment of cases, witness examination, objections, closing arguments, Jury deliberation, announcement of verdict
Post-Trial Motions
Possibility to file motions after a trial – new trial, acquittal, vacate/set aside/correct a sentence
Sentencing
Judge finally sentences a guilty defendant based on the severity of the crime
Appeal
The defendant is able to appeal the result of their case if they think it was unfairly ruled
CANADA
Arrest
arrest of a person suspected of crime by a police officer
Their rights must be stated to them upon arrest
Release
suspect might be released until their court case (at a bail hearing)
First Appearance
suspect is officially charged with the crime
Suspect called “the accused”
Lawyers and court dates are set
Disclosure
Crown prosecutor gives the defence the evidence collected during investigation
Lets the defense understand the case against the accused
Crown’s Pre-Trial (prosecutor)
Meeting between defence and prosecutor – discuss the case against the accused
Judge’s Pre-Trial
Meeting between judge, the Crown, and the defence to prepare the trial for tricky situations
Trial
Prosecutor, first, and then defense lawyer call witnesses and give evidence to support their case
Cross-examination – testing the truth of a testimony
Closing arguments – can the prosecutor prove the accused guilty?
Verdict and Sentencing
Judge/jury decides if the accused is innocent or guilty based on the evidence
Sentence is given
Appeal is possible
Appeal
If defendant believes that they were wrongly convicted or sentence was too harsh, they can appeal