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What is the last step in a criminal prosecution if the defendant is found guilty?
Sentencing is last step in a criminal prosecution if the defendant is found guilty.
Can the government appeal a not guilty verdict in a criminal case?
No, the government cannot appeal a not guilty verdict in a criminal case.
How can a criminal trial be concluded?
By finding the defendant either guilty or not guilty.
How is the decision made by the jury in a civil case different from the decision made in a criminal case?
In a civil case, the jury decides whether the defendant is liable or not liable for the alleged harm or wrongdoing. In a criminal case, the jury decides whether the defendant is guilty or not guilty of committing a crime. The standard of proof is higher in a criminal case (beyond a reasonable doubt) compared to a civil case (preponderance of the evidence).
Who bears burden of proving a criminal defendant guilty beyond reasonable doubt?
The prosecution.
What must the prosecution prove to secure a guilty verdict in a criminal trial?
In a criminal trial, the prosecution must prove beyond a reasonable doubt that the defendant committed the crime they are accused of. This includes presenting evidence and convincing the jury or judge that the defendant is guilty.
What are the Four pleas a defendant may use?
The four pleas a defendant may use in a criminal case are guilty, not guilty, guilty but mentally ill, and nolo contendere (no contest). A defendant who pleads guilty admits their responsibility for the crime. Pleading not guilty indicates that the defendant denies the charges and intends to contest them. A guilty but mentally ill plea acknowledges guilt but asserts that the defendant had a mental illness at the time of the offense. A nolo contendere plea means the defendant does not contest the charges but does not admit guilt.
What type of jury decides the fate of a defendant beyond a reasonable doubt?
A petit jury in a criminal trial decides whether or not a defendant is guilty beyond a reasonable doubt. The other type of jury, the Grand Jury, decides whether or not there is sufficient evidence to bring charges against a defendant prior to the trial. It does not decide whether or not the defendant is guilty. Therefore the Grand Jury is not bound by the standard of beyond a reasonable doubt.
How do courts make a decision?
Say a criminal is accused. The criminal will have a defense attorney. In court, the defense attorney argues with the prosecutor. In his cross-examination with the witness, he tries to find a contradiction, to show the defendant is NOT GUILTY. In the end, the Jury declares if the accused is GUILTY or NOT GUILTY. It really depends on what happened during the trial.
When one co-defendant is found guilty does the other co-defendant have to be guilty too. Can one defendant be guilty and one NOT Guilty?
Co-defendants can be sentenced differently. They do not have to all be found guilty or not guilty.
What is deference between plea and charge?
In a criminal case, a charge is the specific criminal act that the accused is alleged to have committed. For example, a person could be charged with murder or possession of a controlled substance. A plea is the defendant's formal response. Typically, the defendant can plead guilty or not guilty, and sometimes nolo contendre.
When a person in a criminal trial is found guilty that person is?
The person in a criminal trial is the defendant. When found guilty, the person is convicted and sentenced. The person then becomes an inmate or convict in the prison system.
