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US Criminal Procedure, Canada Criminal Procedure - Coggle Diagram
US Criminal Procedure
Courts
District courts (federal general trial)
State courts (general trial)
State appellate division
United States Circuit Court of Appeals
US Supreme Court
State Court of Appeals
Criminal Proceeding Stages
1. Bail
After arrest, a judge sets the initial bail.
2. Arraignment
A judge reads the criminal charges, asks about access to an attorney, asks to plead, changes bail if necessary, sets future proceeding dates.
3. Preliminary Hearing
Determination on if there is enough evidence to make the defendant stand trial.
4. Pre-trial Hearing
Prosecution and defense file motions before a judge.
5. Trial
Defendant stands trial.
6. Sentencing
Immediate sentencing for infractions and misdemeanors, separate sentencing phase trials will determine sentences for more serious crimes.
Defendants are entitled to allocution before sentence is announced.
Legal Professionals
State
District attorney (prosecutor)
State court trial judge (titles vary)
Federal
US Attorney (prosecutor)
Grand jury
District court judge
Federal magistrate
Private counsel/attorney
Jury
Sources of Law
Federal
Federal Rules of Criminal Procedure
US Constitution Bill of Rights
Fourth Amendment
Fifth Amendment
Sixth Amendment
Fourteenth Amendment
State
Individual state criminal procedure code
May mimic Federal Rules of Criminal Procedure
Canada Criminal Procedure
Sources of Law
Criminal Code of Canada
Common law
Canadian Charter of Rights and Freedom
Courts
Supreme Court of Canada
Provincial courts
Territorial courts
Superior courts (most serious criminal cases)
Court of appeal
Federal court
Federal Court of Appeal
Criminal Proceeding Stages
1. Swearing of an Information (charge)
Sworn in front of a justice of the peace or magistrate
2. Preliminary hearing
Held to determine whether there is enough evidence to stand trial.
3. Trial
Evidence and witnesses are examined, judgement determined on the accused's crime.
4. Sentencing
Judge will determine appropriate sentence if accused is guilty.
Legal Professionals
Justice of the peace
Magistrate
High-court judge
Jury
Witnesses
Chief Justice