What are the three phases of a criminal trial?

1. Step 1: Selection of the Jury.
2. Step 2: The Trial.
3. Step 3: Juror Conduct During the Trial.
4. Step 4: Jury Deliberations.
5. Step 5: After the Verdict.

What are the stages of a criminal trial quizlet?

What are the 3 characteristic of criminal law?

These are: It is General in its application. It is Territorial, which means that the venue, whether municipal or international, is jurisdictional. It is Prospective, which means that Criminal Laws shall have no retroactive effect, unless favorable to the accused.

What is pre-trial phase?

The pre-trial stage is the part of criminal proceedings between opening of the case and the start of the court proceedings. During the pre-trial stage, the police or the prosecutor lead your case. The pre-trial stage consists two of parts: the investigation stage and the prosecution stage.

What is the first stage in the criminal case process called?

Arraignment. The suspect makes his first court appearance at the arraignment. During arraignment, the judge reads the charges filed against the defendant in the complaint and the defendant chooses to plead "guilty," "not guilty" or "no contest" to those charges.

What are the three types of crimes?

The categories are usually "felony," "misdemeanor," and "infraction." Decisions on crime classification are made by state legislators; the determination focuses on the seriousness of the crime.

What is the structure of a trial?

The trial is a structured process where the facts of a case are presented to a jury, and they decide if the defendant is guilty or not guilty of the charge offered. During trial, the prosecutor uses witnesses and evidence to prove to the jury that the defendant committed the crime(s).

What are the 3 basic components of an offense?

In general, every crime involves three elements: first, the act or conduct (“actus reus”); second, the individual's mental state at the time of the act (“mens rea”); and third, the causation between the act and the effect (typically either "proximate causation" or "but-for causation").

What is the second stage of criminal justice process?

Step two is called the preliminary hearing. The preliminary hearing will be conducted by one of five Sessions Court judges. The court you will go to depends on the offense you have been charged with violating.

What is judicial phase?

The judicial phase includes the trial and then issuance of the judgment against the persons identified in the previous phase. In the event that the accused are convicted, the court hands down a final decision for the legal confiscation of assets they have stolen in connection with the criminal offence committed.

What is the adjudicatory phase?

Mastering Criminal Procedure, Volume 2: The Adjudicatory Stage focuses on the process of a criminal case from the filing of charges against a defendant through the pre-trial and trial stages of the prosecution, and then post-conviction proceedings.

What is pre-trial and post trial?

Pre-trial: Investigation is being conducted in this stage. Trial: After the investigation, if the person is found guilty, the case goes to the magistrate for trial. Post-trail: If the person is unhappy with the trial court's judgment, they have the right to appeal in the higher court.

What are the 4 elements of crime?

What are the 5 elements of crime?

The elements of a crime should be legal in nature (must be in law), Actus Reus (human conduct), causation (human conduct must cause harm), harm (to some other/thing), concurrence (state of mind and human conduct), Mens rea (state of mind and guilty), Punishment.

What comes first law or crime?

The reason why we have a law because we want to prevent crime, so crime came first. Obviously it is “law” because without it, which there would be no “crime,” or “breaking of the law.” One cannot “break” that which does not exist.

What is the first step of a criminal trial quizlet?

Terms in this set (8)

Initial Appearance: When someone is arrested, they must be brought before a judge as quickly as possible to be charged. Judge explains charges to the defendant and reads the person their rights.

What are the four steps typically taken before the start of a criminal trial?

What is the first step in major criminal prosecution quizlet?

Search and arrest are the most common. generally the first step in a major criminal prosecution. Here, the judge decides if the evidence is, in fact, enough to hold that person-bind that person over-for action by the grand jury or the prosecutor.

What three elements must be proven at trial before someone can be convicted of a crime?

The three specific elements (with exception) that define a crime which the prosecution must prove beyond a reasonable doubt in order to obtain a conviction: (1) that a crime has actually occurred (actus reus), (2) that the accused intended the crime to happen (mens rea) and (3) and concurrence of the two meaning there ...

What are the three elements of actus reus?

What are the key elements of criminal law?

Criminal law with the legal scenario being a person charged with murder: There are 3 elements of a crime. These are that a person has a guilty mind (mens rea), commits a guilty act (actus reus), and that these are prohibited by statute.