Судовий розгляд – судові слухання

The main steps in a trial include: selection of a jury, opening statements by the body, presentation of witnesses and evidence, close statements by the attorney, instruction by the judge to the jury and deliberation by the jury, A trial is a contest between the opponents, where each party presents evidence and argument. The judge’s function is to control the contests as a neutral refery . The jury’s function is to decide questions of fact. The initial burden falls on the complaining party – the plaintiff in civil cases and the state in a criminal cases. Different kinds of cases require different degrees of proof. In most civil cases the winner is the party whose position is supported by the preponderance of the evidence. In a criminal cases, the state must prove the defendant’s guilt beyond a reasonable doubt. The Constitution establishes and safeguards the right to a trial by jury. In civil proceedings, at least one of the parties must request a jury and be prepared to pay a fee. In all actions where the plaintiff does not have the right to a jury trial< the court may authorize an advisory jury, but the verdict is not binding on the judge. So the protection of constitutional rights is largely achieved through the teamwork of judge and jury. The first step it the selection of the trial jury is the choosing of a jury panel. This process of choosing jurors is called Voir Dire, the phrase meaning “to speak the truth”

Кримінальний процес в країнах мова яких вивчається

There are four common ways to begin a criminal case: the filing of a complaint by the private citizen, the return of an indictment by a grand jury, a proper arrest without a warant and the issuance of a summons or citation. A criminal case can begin when a person goes to court and files a complaint. Than, the judge must issue an arrest warrant to a peace officer authorized to execute it. At the request of an attorney for the government, the judge must issue a summons instead of a warrant. A summons tells the defendant when and where he must appear in court. A criminal case can begin with an indictment. Under certain circumstances a person can be arrested without a warrant, for example for any misdeminour committed in officers presence. In any case in which an arrest without a warrant is proper, an officer can issue a summons. In traffic cases or minor misdemeanors the officer can issue a citation. A crime in the UK is defined as an offence against th laws of the state. A private individual can also initiate criminal proceeding but this is rarely done. Today the national prosecution service for England and Wales-Crown Prosecuti Service (CPS) decide whether or not to prosecute people in court. Once the offender has been charged or summoned by the police, the papers are handed over to the CPS branch. The CPS read the papers and decide whether or not there is enough evidence against the person and if it is in the public interest to bring the defendant to court. Criminal proceedings can be initiating by serving. When people are charged with minor offences they are not arrested but summoned to appear in court and plead to charges against them. In more serious cases a warrant of arrest, is issued by a Magistrte's Court and executed by police officers. Once proceedings are initiate defendant comes before the court. In cases defendants cannot afford their own lawyer they are entitled under certain circumstances to assistance from legal aid provided by the Criminal Defence Service.