United States criminal procedure

The Criminal Procedure referred in the United States the process of finding and sentencing of criminal acts. Due to the strong federal form of government, there are significant procedural law differences both between the states among themselves and between the federal government and the states generally.

Generally

The criminal trial will take place in three stages: investigation, knowledge process and punishment method. The investigation is carried out by the Public Prosecutor and the Deputy police to determine whether any crime was committed, who has committed to them and what evidence there is to prove the guilt of the offender.

After the investigation, the prosecutor may charge depending on the offense in two different ways indictment. In most cases, the prosecution (English indictment ) directly from the prosecutor's office by means of a bill of information or a similar document has been done. However, the 5th Amendment to the United States Constitution requires that, in serious criminal cases at the federal level must be the indictment of the grand jury. This condition also exists in some states.

After the charges were filed, the jury must be selected because all the defendants in the United States have a vested by the same Amendment right to a jury trial. However, the defendant also has the option to waive this right, so that the hearing is held before a judge only. The jury will be selected jointly by the prosecutor and the defendant (or his lawyer ).

The burden of proof is, as in most other jurisdictions, also, to the prosecutor. You must prove the guilt of the accused beyond a reasonable doubt beyond (English beyond a reasonable doubt ). The hearing will take place in several stages. First, the prosecution presented their page by submitting incriminating evidence and witnesses to precharge. According to the prosecutor, the defense has the opportunity to ask the judge for an application to terminate the case for lack of evidence or to present his side and to hear witnesses. Witnesses can always be cross-examined by the opposing side. However, the defendant has the power of the 5th Amendment to an unrestricted evidentiary privilege. Should the accused of this right does not make use of to perform, for example, on its own behalf as a witness, he must also answer the questions of the prosecutor's office.

After both parties have presented their evidence, both give off her final plea, the defendant always has the last word. In a process with jury this now leaves the courtroom and advises secret about the guilt or innocence of the accused. The jury decision has to be unanimous and will be announced after the end of the deliberations in the courtroom and in the presence of both parties by a member of the jury.

If the accused is found guilty, then the punishment procedure follows. This usually happens at a later time and often under a different judge. In cases which may have the death sentence, the United States must also be involved in this process, according to a judgment of the Supreme Court the jury. As in the knowledge process must provide evidence why a particular sentence is appropriate here to prosecutors. The accused also has the opportunity to introduce evidence and summon witnesses, to reduce the sentence.

After the punishment process, the judgment is provisionally enforceable. However, the defendant has the opportunity to appeal and to appeal it. Here, the process will not be reissued, but only checks whether the rights of the accused and other applicable law have been observed during the trial. The Court of Appeal may then depending on the circumstances, uphold the judgment in full or arrange a completely new process, a repetition of the punishment process or the acquittal of the accused. Should a defendant be acquitted in the first instance, the prosecution can not appeal, the judgment is therefore final judgment in this case. This is also the case when the request of the defense is upheld on procedures for lack of evidence after the beginning of Proceedings.

Differences to the German Code of Criminal

Although many elements of the American criminal procedure are also be found again in the German version ( eg burden of proof in favor of the accused ), there are also important differences:

• The American court procedure is applied clearly adversarial. This means that both the prosecution and the defense is your responsibility to present all relevant evidence. The judge's role here is mainly that of the " referee ", which is to ensure the proper observance of the applicable procedural law. The judge decides, for example, about whether evidence can be admitted to negotiation at all, they should have been obtained, for example, illegal.
• The questioning of witnesses by the judge is not provided in the American legal process. Thus, the jury or the judge, if no jury is convened to rely on the arguments of both parties, to decide on guilt or innocence. This is a distinct contrast to the German litigation, in which the court is encouraged to investigate the facts as completely as possible and to be involved extensively in addition to the hearing.
• In the American criminal procedure there is a strict separation between cognition and punishment method. This has emerged from the condition of the jury process and is in the process taking place only a judge, not necessary.
• The use of juries for guilt or innocence of knowledge is no longer provided since 1924 in Germany. As in the United States in such procedures twelve " normal citizens " need to be convinced of the guilt of the accused, the atmosphere in American courtrooms differs significantly. Due to the general admission of media, including television and photographers, this is exacerbated.
• The appeal to an acquittal by the prosecution is generally inadmissible in American law. Similarly, the prosecutor can not appeal also due to " insufficient punishment ". This law is understood as protecting citizens from state coercion.
• A legally valid confession leads in American legal practice always to the end of Proceedings and directly to the punishment process. This is especially for the " Plea Bargaining " of meaning.
• See also Finding of fact

Plea Bargaining

The methods described herein are, however, applied only in exceptional cases. The American legal system provides overwhelmed as well as the German of the large number of cases. To provide relief, to be applied in the United States Plea Bargains. They correspond to a " negotiation " of the sentencing and the guilt of the accused. Here, the prosecutor suggests in exchange for a confession before a lower punishment than is foreseen in the legal proceedings. If the accused accepts the proposal, he pleads guilty before the judge. This then determines the sentence, which is usually identical to the proposal of the public prosecutor. However, the judge also has the option to reject the trade and to arrange a fair trial.

This method allows in minor cases, to reduce the workload of the courts crucial. Also, it offers the defendant the opportunity to obtain a lower punishment. In this sense the Plea Bargaining is also substantial with the German instrument of penal comparable, which also suggests the defendant a sentence without a hearing. However Plea Bargaining is applied significantly more often and is also permitted for serious crimes.