Criminal
Procedure Defined?
The criminal procedure refers to the formal legal
process for reviewing and adjudicating claims of which an individual is accused.
The criminal procedure is initiated when an individual or an entity has been
accused of violating some form of criminal law. When this occurs in the United
States, the individual or entity will embark on the criminal procedure to
investigate and evaluate their innocence in the matter. If the accused is found
guilty upon the delivery of the criminal procedure they will be punished
according to statute and governing policy.
An accused party’s basic rights in the Criminal
Procedure:
The majority of developed or democratic nations
incorporate a rule of law that delivers undeniable rights to the accused party.
A basic criminal procedure places the burden of proof on the prosecution. The
party accusing the individual of the crime must indisputably prove that the
defendant is guilty beyond any reasonable doubt. This key aspect of the
criminal procedure is held in direct contrast from a situation that would force
the defense to prove their innocence. This provision, known as the presumption
of innocence, is required in all developed forms of the criminal procedure.
During the
criminal procedure the accused party will be joined by a legal professional. These
attorneys are either appointed by the State (if the party cannot afford a legal
aid) or are chosen privately. The legal professional will draw up a defense
that incorporates forms of evidence including witness testimonials. This
evidence is then delivered to the judge and jury presiding over the case.
