Criminal Law

10 Questions to Help Understand Criminal Law Procedures

What are the major stages of a criminal trial?

This question helps clarify the general flow of a criminal case, from investigation to arrest, trial, and sentencing.

What is the difference between a misdemeanor and a felony?

Understanding the difference between the two categories allows one to determine the severity of crimes and punishments.

What are the rights of an accused in a criminal investigation?

This would include Miranda rights, the right to an attorney, and protection from self-incrimination, just to name a few of the constitutional rights.

How are crimes formally charged?

This is how law enforcement and prosecutors decide whether to bring a case into court, including the potential role of a grand jury or preliminary hearings.

What is the function of bail, and how do courts determine its amount?

Bail is the pre-trial release of an accused person from jail. Knowing how bail is determined and what it is for is important to understanding pre-trial processes.

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What is the difference between a plea bargain and a trial?

This question explores the process of negotiating a plea deal versus going to trial and how defendants can avoid a trial by pleading guilty to a lesser charge.

What occurs at an arraignment?

The arraignment is an early court appearance where charges are read, and the defendant enters a plea. It’s important for understanding the early stages of a criminal case.

What is the standard of proof required in criminal cases?

Criminal cases generally require proof “beyond a reasonable doubt.” This question examines how this standard is applied in court.

What are the roles of a prosecutor and defense attorney?

Understanding the roles of these attorneys in the adversarial system of justice sheds light on how each side presents their case.

How does an appeals process work in criminal law?

If a defendant is convicted, they can appeal the decision. This question asks how appeals are filed, the process involved, and what can be appealed.

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