What needs to happen before the decision is made to prosecute?

1. Investigation.
2. Charging.
3. Initial Hearing/Arraignment.
4. Discovery.
5. Plea Bargaining.
6. Preliminary Hearing.
7. Pre-Trial Motions.
8. Trial.

• Choosing a Jury.
• Opening Statements.
• Witness Testimony and Cross-Examination.
• Closing Arguments.
• Jury Instruction.
• Jury Deliberation and Verdict.

What is prosecution process?

The prosecution process starts the moment the law enforcer, the complainant or public officer in charge of the enforcement of the law alleged to have been violated files a case against a suspected criminal.

How are criminal cases prosecuted?

The prosecution will need to present enough evidence to convince the judge that the defendant committed the crime. Trial - A trial consists of opening statements, presentation of evidence and witnesses, closing statements, giving the jury its instructions, and the verdict.

How do you prosecute someone?

What are the three phases of criminal investigation?

Applied to the criminal realm, a criminal investigation refers to the process of collecting information (or evidence) about a crime in order to: (1) determine if a crime has been committed; (2) identify the perpetrator; (3) apprehend the perpetrator; and (4) provide evidence to support a conviction in court.

What does the prosecution have to prove in a criminal trial?

The burden of proving the guilt of the defendant lies on the prosecution, who must prove the particulars of the offence beyond reasonable doubt; the jury or magistrates should only convict if they are sure of the defendant's guilt.

What is the first step in the decision making process criminal justice?

Investigation

The first stage in the federal criminal process is an investigation into the crime, and the federal government uses certain agencies to perform this investigation.

What are the steps of a court case?

What factors do prosecutors consider in making a charging decision?

What do prosecutors have which gives them power to decide what charges to file and whether or not to negotiate a plea agreement?

Prosecutorial discretion is when a prosecutor has the power to decide whether or not to charge a person for a crime, and which criminal charges to file.

What factors should be taken into consideration when deciding whether or not to take a case to trial?

If you're considering testifying at trial, there are four important factors to keep in mind. Your case conditions, credibility, composure under pressure, and how convincing your testimony is to the court should all be taken into account when deciding whether or not to testify at trial.

What are the four stages of the criminal process?

Witness Testimony and Cross-Examination. Closing Arguments. Judge gives instruction to Jury. Jury Deliberation and Verdict.

What are the four steps in the incident investigation process?

What is prosecution opening?

Opening Speech by the Prosecution

The opening speech is not evidence in the trial, but rather an outline of what evidence the prosecution intends to call to prove its case. The prosecutor will steer clear of going into a detailed explanation of the law unless necessary to to open the case clearly.

Who begins the process of prosecution?

Charging or Commencing a Proceedings

All matters start in the Local Court, also known as the Magistrates Court. The Local/Magistrates Court deals with matters that are less serious in nature, referred to as summary offences.

How do the police decide to prosecute?

When deciding whether there is enough evidence to prosecute, prosecutors must consider whether the evidence can be used in court and whether it is reliable. This means that they must assess the quality of the evidence from all witnesses before reaching a decision.

What happens prosecution?

In a criminal trial the onus is on the prosecution to prove its case beyond a reasonable doubt. During the trial, the prosecution will call witnesses and present evidence to support its case against the defendant.

What does it mean to prosecute a case?

1 : the act of carrying on a legal action against a person accused of a crime in court. 2 : the lawyers in a criminal case trying to prove that the accused person is guilty The prosecution will try to prove it was murder. prosecution.

Can police decide not to prosecute?

If the Crown Prosecution Service (CPS) or police decide not to charge a suspect then he will have no further action taken against him. A decision not to charge is sometimes called a decision not to prosecute or taking no further action ('NFA').

What is prosecution evidence?

Code of Criminal Procedure Act, 1973

242.Evidence for prosecution.- (1) If the accused refuses to plead or does not plead, or claims to be tried or the Magistrate does not convict the accused under section 241, the Magistrate shall fix a date for the examination of witnesses.

What are the 7 steps of a trial?