What are the 2 sides of a criminal case?
Asked by: Rosemarie Friesen | Last update: October 27, 2025Score: 4.5/5 (1 votes)
Both the defendant and the prosecutor (representing the People of the State of California) have the right to a trial by a jury. Sometimes both sides agree to let a judge listen to the evidence and decide the case without a jury; this is called a "court trial".
What are the two sides of a criminal case?
Parties - in a civil trial are the plaintiff and defendant; in a criminal trial they are the prosecutor (representing the people of the state or local political subdivision), and the defendant (the person charged with the crime);
What are the two sides in a case called?
parties - Plaintiffs and defendants (petitioners and respondents) to lawsuits, also known as appellants and appellees in appeals, and their lawyers. petit jury (or trial jury) - A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute.
What are the 2 elements of a crime?
Generally, the commission of a crime involves two main things: the action itself and the thought behind it. These are known as the “actus reus” (the action) and the “mens rea” (the mindset). Both the actus reas and mens rea must be present for an action to rise to the level of a crime.
What are the 2 systems of criminal procedure?
The inquisitorial process can be described as an official inquiry to ascertain the truth, whereas the adversarial system uses a competitive process between prosecution and defence to determine the facts.
What is the Court Process of a Criminal Case?
What are the 2 categories of crime?
Of these three, only misdemeanors and felonies are considered crimes and can result in a criminal record. Within these categories, there are also “wobblers,” which may be charged as misdemeanors or felonies, and a few “wobblettes, which may be charged as infractions or misdemeanors.
What are the 2 main components of the criminal justice system?
In the United States, law enforcement, the courts and corrections make up the 3 main components of the criminal justice system.
What are the two general parts of a criminal law?
The two general elements of attempt in criminal law are Actus Reus and Mens Rea. Actus Reus refers to the physical act or overt act committed towards the commission of a crime, while Mens Rea refers to the mental state or intent behind the act.
Which of the following are the 2 requirements of a crime?
Two key ideas in criminal law—actus reus and mens rea—are essential for proving criminal responsibility. Mens rea refers to the offender's mental state at the time of the crime, whereas actus reus relates to the physical act of committing a crime.
What are the two basic parts of a crime report?
The two basic parts of a crime report are the: Face sheet and the narrative. The phrase, "take a report" is a misnomer because the process leading up to the completion of a report is an investigation, with the report representing the results of that investigation.
Who is more powerful, a judge or a prosecutor?
Prosecutors are the most powerful officials in the American criminal justice system. The decisions they make, particularly the charging and plea-bargaining decisions, control the operation of the system and often predetermine the outcome of criminal cases.
How do judges decide who is telling the truth?
The standard credibility instruction tells the fact-finder to consider the witness's strength of memory,ability in the described circumstances to see and hear,and the clarity with which he is able to recall events. Tone of voice,shades of expression,and gestures are also to be considered.
What are the two sides of a case called?
The person starting the case is called the plaintiff or petitioner. The person filing the pleading asks the other side to submit an answer. The other side is called the defendant or respondent. The pleading tells the court one side of the story.
Who goes last in closing arguments?
The defendant usually goes second. The plaintiff or prosecution is usually then permitted a final rebuttal argument. In some jurisdictions, however, this form is condensed, and the prosecution or plaintiff goes second, after the defense, with no rebuttals.
Can I sue after being found not guilty?
If you are accused of a crime and acquitted or otherwise found not guilty of the offense, you can still face a civil lawsuit for the same incident. The Double Jeopardy clause only protects you from subsequent criminal prosecution in the legal system.
What are the two elements of a crime?
News. It is generally agreed that the essential ingredients of any crime are (1) a voluntary act or omission (actus reus), accompanied by (2) a certain state of mind (mens rea). An act may be any kind of voluntary human behaviour.
What is the actus reus and mens rea?
Summary and other resources
Actus reus is the physical action required for a crime and must be voluntary, intentional, and unlawful. Mens rea refers to the mental intent behind an act or omission and can include intentionality, recklessness, or negligence.
What are the 2 main types of crimes?
Felonies and misdemeanors are two classifications of crimes used in most states. Misdemeanors are punishable by fines and sometimes county jail time. Felony offenses are the most serious type of crime.
What are the 2 major criminal law divisions and what do they include?
Two major divisions of criminal law:
They are substantive criminal law and procedural criminal law. Substantive criminal law imposes acts subjected to punishment and nature of punishment respect to different offences. This law provides a picture of sentences for different types of crimes.
What are the two lawyers in a criminal case called?
There are two kinds of criminal lawyers: public defenders and private defense attorneys. Public defenders are employed by the state. A public defender serves as defense counsel and represent defendants who can't afford legal fees for their own attorney and have criminal charges against them.
What makes someone guilty of a crime?
Guilty generally means committing a crime or being responsible for it. In a criminal case, guilty means the admission by a defendant that they have committed the crime they were charged with, or the finding by a judge or a jury that the defendant has committed the crime.
What are the two sides of the justice system?
In California, the courts are divided into 2 systems: federal and state.
What are the 2 models of criminal justice?
Packer developed two key models – the due process and crime control models of criminal justice.
Which party in a criminal case has the burden proof?
In a criminal trial, the burden of proof lies with the prosecution. The prosecution must convince the jury beyond a reasonable doubt that the defendant is guilty of the charges brought against them.