Cameron Miranda
In criminal law, the state brings the case against the defendant, represented by a prosecutor. The prosecutor reviews the police arrest report and decides on the criminal charges to file. The case is then brought to a grand jury, which reviews the evidence and decides whether it is sufficient to require the defendant to stand trial. The defendant has the right to an attorney and is presumed innocent until proven guilty. If the defendant pleads guilty, the judge may impose a sentence, but more commonly schedules a later hearing to determine the sentence. If the defendant pleads not guilty, the case proceeds to trial, where the prosecution must prove guilt beyond a reasonable doubt.
| Characteristics | Values |
|---|---|
| Who brings the case | The government, usually through the U.S. Attorney's office, in coordination with a law enforcement agency |
| Who represents the plaintiff (victim) | A prosecutor |
| Who represents the defendant | A criminal defense lawyer |
| Who decides whether the defendant should be held in jail until trial | A judge |
| Who decides whether there is probable cause to believe an offense has been committed | A grand jury |
| Who decides what criminal charges to file | The prosecutor |
| Who decides whether there is enough evidence to proceed | A judge |
| Who decides the defendant's guilt | A jury or a judge |
| Who imposes a sentence | A judge |
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What You'll Learn
- Criminal cases are initiated by the government, usually through the US Attorney's office
- The prosecutor decides what criminal charges to file, if any
- The defendant has the right to an attorney and is presumed innocent until proven guilty
- The standard of proof in a criminal trial is higher than in civil trials
- The defendant must be found guilty beyond a reasonable doubt
Criminal cases are initiated by the government, usually through the US Attorney's office
In criminal law, only the government initiates a case, usually through the US Attorney's office, in coordination with a law enforcement agency. Allegations of criminal behaviour should be brought to the attention of the local police, the FBI, or another appropriate law enforcement agency. The US Attorney, or prosecutor, represents the United States in most court proceedings, including all criminal prosecutions. The prosecutor decides what criminal charges to file, if any, and presents the evidence to the grand jury, which decides whether the evidence is sufficient to require the defendant to stand trial. The grand jury proceedings are closed to the public, and the defendant is not entitled to be present or have an attorney present.
The defendant is the person accused of the crime and has the right to an attorney and the presumption of innocence until proven guilty. If the defendant cannot afford an attorney, the court will appoint one. The defendant will enter a plea to the charges brought by the US Attorney at a court hearing known as an arraignment. If the defendant pleads guilty, the judge may impose a sentence or schedule a later hearing to determine the sentence. If the defendant pleads not guilty, the judge will schedule a trial.
In a criminal trial, the burden of proof is on the government. The prosecutor must convince the jury of the defendant's guilt, and the defendant does not have to prove their innocence. The standard of proof in a criminal trial is that the defendant must be found guilty "beyond a reasonable doubt", which means the evidence must be so strong that there is no reasonable doubt that the defendant committed the crime. A sentence may include time in prison, a fine to be paid to the government, and restitution to be paid to the crime victims.
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The prosecutor decides what criminal charges to file, if any
In criminal law, the state brings the case against the defendant. The plaintiff (the state) is represented by a prosecutor, and a criminal defence lawyer represents the defendant. The prosecutor decides what criminal charges to file, if any. The prosecutor's charging decision acts as a check against the arbitrary exercise of police power.
The prosecutor may file charges on all crimes for which the police arrested a suspect, file charges that are more or less severe than the police's charges, or decide not to file any charges. The prosecutor's decision is based on whether they believe the evidence will prove the suspect's guilt beyond a reasonable doubt. This is a higher standard than the probable cause needed for an arrest.
Prosecutors are government representatives, and they go by different names across the United States. Federal prosecutors are referred to as U.S. Attorneys and Assistant U.S. Attorneys. At the state and local levels, they may be called district attorneys, state's attorneys, county or city attorneys, or another name.
Prosecutors are supposed to enforce the law and "do justice". This means that a prosecutor may decide not to prosecute a case or file less severe charges because the interests of justice require it, even if the facts of the case might support a conviction. For example, if a law-abiding person makes a one-time mistake, a prosecutor may decide that prosecuting would not serve any purpose.
Other factors that may influence a prosecutor's decision include office policies on certain types of crimes, political and career ambitions, and community and political pressures.
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The defendant has the right to an attorney and is presumed innocent until proven guilty
In criminal law, the state brings the case against the defendant. The plaintiff (the state) is represented by a prosecutor, and the defendant has the right to a criminal defence lawyer. The defendant has the right to an attorney, and if they cannot afford one, the court will appoint one. This is to ensure that the defendant receives a fair trial.
The defendant is presumed innocent until proven guilty. This is a constitutional right, even if it is not directly addressed in the US Constitution. The presumption of innocence is recognised as a due process right under the Fifth Amendment. The prosecutor has the burden of proof to show that the defendant is guilty beyond a reasonable doubt. The defendant does not have to prove their innocence, and they are not required to be present or have an attorney present during grand jury proceedings.
The criminal justice system starts with the understanding that the defendant is innocent. This only changes if the prosecution establishes guilt beyond a reasonable doubt. If the jury doubts the defendant's guilt, they should find them not guilty. The defendant has the right to voice their concerns and work with their lawyer to form a defence strategy.
The defendant's lawyer cannot lie or motivate others to lie. They can represent the defendant during questioning by police and in court. The lawyer is in charge during the trial and has the right to make tactical decisions. The defendant can ask for another lawyer if they are dissatisfied with their current lawyer, but this is usually only granted in extreme circumstances.
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The standard of proof in a criminal trial is higher than in civil trials
In criminal law, the state brings the case against the defendant. The plaintiff (the state) is represented by a prosecutor, and a criminal defence lawyer represents the defendant. The standard of proof in a criminal trial is higher than in civil trials. The prosecution must prove the defendant's guilt "beyond a reasonable doubt", meaning that the evidence must be so strong that there is no reasonable doubt that the defendant committed the crime. This is the highest standard of proof in the legal system and is necessary to assure a high degree of confidence in criminal convictions. The burden of proof lies with the prosecution, and defendants do not have to prove their innocence.
In civil cases, the standard of proof is typically "clear and convincing evidence" or a "preponderance of the evidence". This means that the plaintiff must prove it is more likely than not that certain allegations are true. When more than money is at stake in a civil case, a higher standard of proof is required. For example, in personal injury cases, the plaintiff must present clear and convincing evidence to satisfy the standard.
The higher standard of proof in criminal trials reflects the serious consequences of a criminal conviction, such as loss of freedom, damage to one's reputation, and, in rare situations, death. The presumption of innocence is also a foundation for the strict standard of proof in criminal prosecutions, ensuring that no one's freedom is unjustly taken away. The reasonable doubt standard seeks to reduce instances of false convictions by requiring strong and unequivocal evidence.
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The defendant must be found guilty beyond a reasonable doubt
In criminal law, the state brings the case against the defendant. These cases are often entitled "State of [state name] v. [defendant name]". The plaintiff (the state) is represented by a prosecutor, and a criminal defense lawyer represents the defendant. The defendant must be found guilty "beyond a reasonable doubt", which means the evidence must be so strong that there is no reasonable doubt that the defendant committed the crime.
The prosecution must prove the guilt so that there is no reasonable doubt to the jury that the defendant is guilty. The burden of proof falls upon the prosecution to prove its case beyond a reasonable doubt. Proof beyond a reasonable doubt is required only in criminal cases because the potential penalties are severe. It is not enough for a juror to believe that the defendant is a criminal; they must be convinced with certainty that the defendant committed the crime they are charged with.
Reasonable doubt exists unless the prosecution can prove that the accused is guilty. This can be achieved by supplying evidence and inviting people to testify on the stand. The three burdens of proof for criminal cases are "beyond a reasonable doubt", "probable cause", and "reasonable suspicion". A doubt can be considered reasonable when it is connected to evidence or an absence of evidence. Sympathies or prejudices are not reasonable grounds for doubt.
The defendant will concede that some facts cited by the prosecution are true, but the outcome is separate from the prosecution's beliefs. For example, if fingerprints are present at the scene of a robbery, the defense would admit that the defendant was at the scene but was a customer, not a criminal. The defense strategy will rely on the evidence that the prosecution can bring to the case. The lawyer is in charge during the trial, and they cannot lie or motivate others to lie.
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Frequently asked questions
In criminal law, the state brings the case against the defendant. The plaintiff (which is the state) is represented by a prosecutor, and a criminal defense lawyer represents the defendant.
A grand jury listens to evidence of criminal allegations presented by the government and decides whether there is probable cause to believe the offense was committed. If the grand jury decides to indict, it returns a "true bill". Otherwise, it returns a "no bill".
In a criminal case, the burden of proof is on the government. The defendant must be found guilty "beyond a reasonable doubt", which means the evidence must be so strong that there is no reasonable doubt that the defendant committed the crime.
After an arrest, the police report goes to a prosecutor, who decides what criminal charges to file, if any. The defendant typically learns what the formal charges are at the first court appearance.
