VIII. Criminal procedure in the usa.

There are four common ways to begin a criminal case:

1) A criminal case can begin when a person goes to the court and files a complaint that another person has committed an offence. The complaint is followed by an arrest warrant. A warrant is executed by arresting the defendant and talking him into custody.

2) Instead, a summons may be served on the defendant by a peace officer. A summons tells the defendant when and where he must appear in court. It is delivered to the defendant without placing him under arrest.

3) A criminal case can begin with an indictment made by a grant jury. Like a complaint an indictment is an accusation of felonious conduct.

4) A criminal case can begin with an arrest without a warrant. Under certain circumstances, a person can be arrested by a peace officer or a private citizen. This is known as a citizen’s arrest. Filing the complaint after the arrest is necessary because is formally begins the criminal case in the court.

IX. Trial.

1) The main steps in a trial include: selection of a jury ; opening statements by the attorneys; presentation of witnesses and evidence ; closing statements by the attorneys ; instructions by the judge to the jury ; and deliberation and decision by the jury .

2) A trial is an adversary proceeding , that is a contest between opponents . Each party presents evidence and argument.

3) The judge's function is to control the contest as a neutral referee and to rule on questions of law.

4) The jury's function is to decide questions of fact.

5) The initial burden falls on the complaining party - the plaintiff in a civil case or the state in a criminal case .

6) The complaining party must first establish that party's case .

7) If the complaining party fails to establish a case, there is nothing for the defendant to refute.

8) In most civil cases the winner is the party whose position is supported by the preponderance of the evidence.

9) This means that the decision must be given to the party whose favorable evidence carries greater weight and believability .

10) In a criminal case the state wins if it proves the defendant's guilt beyond any reasonable doubt .

11) The decision must be given to the defendant if a reasonable doubt of the defendant's guilt remains.

1) What are the main steps in a trial?

2) What kind of proceeding is a trial?

3) What is the judge's function in a trial?

4) What is the jury's function in a trial?

5) What party does the initial burden falls on?

6) What should the complaining party establish ?

7) Which party is the winner in most civil cases?

8) Which party is the winner in most criminal cases?

X. Jury and non-jury trial.

1) What constitutional right does the defendant have in the US?

2) What is the factual function of the jury?

3) What can the defendant waive in criminal cases?

4) How should the defendant waive a jury trial?

5) In what form should the waiver be?

6) What is the vast majority of US criminal cases concluded with?

7) When is a bench trial held?

8) What is a bench trial?

9) When are bench trials held in civil proceedings?

10) When does the court have an advisory jury?

What is the function of an advisory jury?