If you are acquainted with criminal laws, then criminal prosecution is jargon that you are well aware of. But, if you are not. Then do not worry. In this article, we will be discussing all the elements of criminal prosecution. In simple words, criminal prosecution is the process through which a defendant is charged for their criminal behaviors through a detailed legal process.
What Is Criminal Prosecution?
Before we dive into the intricacies of this legal term, you should know the definition of the word. Criminal prosecution involves putting the individuals charged with a crime in a trial.
In addition, the process of criminal prosecution also involves all kinds of procedural tasks that are conducted through the prosecution bodies. Moreover, with the assistance of the injured party. The goal of criminal prosecution is to disclose the action that has been prohibited by criminal law. Similarly, it also includes the identification of the actor and determining guilt.
Moreover, the prosecution also involves a group of criminal law attorneys whose aim is to convict someone of a crime effectively. Prosecutors are primarily known for their ability to provide rights to the victims, suspects, and witnesses.
Criminal prosecution also plays a role in assisting the court through the presentation of relevant elements of a criminal case.
Who Is The Prosecution In A Criminal Case?
In criminal trials in the United States, the party that presents the case against the defendant is known as the prosecution. The government or state generally represents the prosecution in a criminal case.
Similarly, there are a variety of responsibilities that are conducted by the prosecution in a criminal case. Some of these include:
Legal Representation Of The State
A criminal prosecutor is the legal representative of the state. Moreover, they are the state’s official representative in providing justice to the victim or the injured party.
Investigating The Case
A prosecutor in a criminal case is also known to play the role of investigating the case. This allows them to have a better understanding of the situation before filing the criminal case. Moreover, investigation allows the prosecution to have a better stand in filing charges against the defendant.
Charging The Defendants
Another role that the prosecutor plays is charging the defendant with the crimes they have committed against the injured party. Similarly, by charging the defendant, the prosecution initiates the beginning of the criminal trial.
Thus, these are a few responsibilities that are carried forward by the prosecution in a criminal case.
What Are The Steps In A Criminal Prosecution?
The process of criminal prosecution is a long and lengthy process that is stated within the criminal law. But worry not, we will be providing you with a simplified version of the whole criminal prosecution. Here are some of the steps that are included within the perspective of criminal prosecution:
Investigation by the police is the first stage of a criminal prosecution. This process is usually observed to occur before the arrest has been done. In this stage, police officers are known for their ability to investigate the matter for legal violations.
The second stage of criminal prosecution is the preliminary hearing. During this stage, the parties are allowed to negotiate a resolution and have an understanding of the case.
The third step within a criminal prosecution is also the first stage in a criminal case. This step usually occurs during the arraignment hearing of the defendant or appearing for the first time before the judge.
This is the fourth step in criminal prosecution but also the second phase of all criminal proceedings. During this stage, the judge tries to effectively determine whether the defendant is innocent or guilty.
Appeals appear as the fifth stage in the process of criminal prosecution. This step usually comes after the judge or the jury has made a decision in the criminal trial. This step involves the review of the original decision to determine any errors that occurred earlier.
Thus, these are the primary steps involved in a criminal prosecution case.
What Are The Requirements For Discovery Of The Defense And Prosecution In A Criminal Trial?
During a criminal prosecution process, there is a stage known as the “discovery phase.” During this phase, both the prosecution and the defense parties are required to provide certain information to develop a strong criminal case.
The requirements that are required during the discovery phase of a criminal trial are as follows:
- Names and addresses of individuals who are required for testification during a trial.
- Statements from the defendant
- Evidence that is intended during the trial.
- Written or recorded statements of witnesses.
During this phase of a criminal trial, it is very common that disparities and details are revealed. This is necessary throughout the on-going of the case, where such details or discrepancies can make changes later on.
Moreover, the prosecution also has an incessant responsibility for the disclosure of appropriate data within the criminal trial. Similarly, this means that the disclosure does not depend on the previous request being made by the defense.
On the contrary, in 1963, the United States Supreme Court decided in Brady v. Maryland that prosecutors are accountable for revealing exculpatory evidence to the defense parties. This evidence does not have to confirm that the defendant is innocent. Moreover, it just needs to provide evidence that might be in favor of the defense.
Now, you have a better understanding of the ways the criminal prosecution system actually works in the United States. I will again repeat that criminal prosecution is the system that is used by the state to provide justice to the aggrieved party. In other words, it means the process of charging the defendant for the crimes that they have committed. I would suggest that you hire an experienced criminal lawyer to have a better legal understanding of the same.