Criminal procedure refers to the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge and results in the conviction or acquittal of the defendant.
Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defense prove that s/he is innocent, and any doubt is resolved in favor of the defendant. This provision, known as the presumption of innocence, is required, for example, in the 46 countries that are members of the Council of Europe, under Article 6 of the European Convention on Human Rights, and it is included in other human rights documents. However, in practice it operates somewhat differently in different countries.
Similarly, all such jurisdictions allow the defendant the right to legal counsel and provide any defendant who cannot afford their own lawyer with a lawyer paid for at the public expense (which is in some countries called a "court-appointed lawyer").
- Israel, Jerold H.; Kamisar, Yale; LaFave, Wayne R. (2003). Criminal Procedure and the Constitution: Leading Supreme Court Cases and Introductory Text. St. Paul, MN: West Publishing. ISBN 0-314-14669-5.
National Review Online (blog)
Tue, 02 Sep 2014 05:00:00 -0700
By a vote of 5 to 4, the Court rules that Ring did not announce a watershed rule of criminal procedure. 2008—Federal district judge Beverly B. Martin rules that the federal statutory minimum sentence of 30 years for the crime of crossing a state line ...
Tue, 02 Sep 2014 05:33:45 -0700
The Texas Code of Criminal Procedure sets out the laws for retention of evidence and dictates what evidence Daniel is allowed to hold, and not hold. Texas law also governs what evidence is stored by what agency or department. The District Clerk houses ...
Sierra Vista Herald
Mon, 01 Sep 2014 21:41:15 -0700
The judge's authority to set conditions of release is found in the Arizona Rules of Criminal Procedure. Some conditions are mandatory, such as the defendant cannot leave the state without the permission of the court, must appear for court hearings, and ...
Sun, 31 Aug 2014 12:18:45 -0700
Under Haitian law, the case should have been put on hold, according to criminal procedure expert Frantz Gabriel Nerette of Universite Quisqueya. But an unpersuaded Belizaire has continued to question Aristide supporters, including former Prime Minister ...
Connecticut Law Tribune
Tue, 02 Sep 2014 11:22:30 -0700
Spinella is a former chairman of the Civil Rights Section of the Connecticut Bar Association and the author of Connecticut Criminal Procedure, a 1,000-page textbook. He said the Enfield cases were referred to his firm, which handles a significant ...
Tue, 02 Sep 2014 14:11:15 -0700
In the request for a new trial, Richard Ruth, through Genovese, alleged prosecutors violated American Bar Association Standards of Prosecutorial Investigation and Pennsylvania Rules of Criminal Procedure by failing to inform Ruth and Silow that Ruth's ...
The Malaysian Insider
Tue, 02 Sep 2014 05:11:15 -0700
... of the inferior court because of their jurisdiction to hear, however, an accused person can always apply for his or her case to be transferred to a High Court under Section 417 of the Criminal Procedure Code (Act 593) on the various grounds found ...
Prothom Alo (English)
Tue, 02 Sep 2014 06:07:30 -0700
BCL metropolitan unit assistant office secretary Ashraf Uddin filed the case with the Chief Metropolitan Magistrate's court as per sections 326, 324, 307 and 34 of the Criminal Procedure Code (CrPC). The court took contingence of the complaint and ...
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