Criminal procedure: Difference between revisions

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Criminal procedure refers to the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge and results in the conviction or acquittal of the defendant.

Basic rights

Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defense prove that s/he is innocent, and any doubt is resolved in favor of the defendant. This provision, known as the presumption of innocence, is required, for example, in the 46 countries that are members of the Council of Europe, under Article 6 of the European Convention on Human Rights, and it is included in other human rights documents. However, in practice it operates somewhat differently in different countries.

Similarly, all such jurisdictions allow the defendant the right to legal counsel and provide any defendant who cannot afford their own lawyer with a lawyer paid for at the public expense (which is in some countries called a "court-appointed lawyer").

References

v t e Criminal procedure (investigation)
Criminal investigation	Arguido Arrest Arrest warrant Consent search Detention Exigent circumstance Knock-and-announce Miranda warning Pretextual stop Probable cause Reasonable suspicion Right to silence Search and seizure Search of persons Search warrant Suspect Terry stop	Law portal
Criminal prosecution	Adversarial system Bail Bill of attainder Criminal jurisdiction Deferred prosecution agreement Ex post facto law Extradition Grand jury Habeas corpus Indictment Inquisitorial system Nolle prosequi Precognition Preliminary hearing Statute of limitations
Charges and pleas	Alford plea Arraignment Indictment Information Nolo contendere Peremptory plea Plea Plea bargain Presentence investigation
Related areas	Criminal defenses Criminal law Evidence Evidence law in the United States Legal abuse
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 ==Basic rights==
-Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the [[Legal burden of proof|burden of proof]] on the [[prosecution]] &amp;ndash; that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defense prove that s/he is innocent, and any doubt is resolved in favor of the defendant. This provision, known as the [[presumption of innocence]], is required, for example, in the 46 countries that are members of the [[Council of Europe]], under Article 6 of the [[European Convention on Human Rights]], and it is included in other human rights documents. However, in practice it operates somewhat differently in different countries.
+Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the [[Legal burden of proof|burden of proof]] on the [[prosecution]] &ndash; that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defense prove that s/he is innocent, and any doubt is resolved in favor of the defendant. This provision, known as the [[presumption of innocence]], is required, for example, in the 46 countries that are members of the [[Council of Europe]], under Article 6 of the [[European Convention on Human Rights]], and it is included in other human rights documents. However, in practice it operates somewhat differently in different countries.
 Similarly, all such jurisdictions allow the defendant the right to legal [[counsel]] and provide any defendant who cannot afford their own [[lawyer]] with a lawyer paid for at the public expense (which is in some countries called a "court-appointed lawyer").

Criminal procedure: Difference between revisions

Revision as of 21:28, 5 April 2014

Basic rights

See also

References

Further reading