What is the first step in the prosecution process?

  1. Investigation. The investigator, often the police, takes statements and collects evidence to be used in criminal prosecutions. …
  2. Brief assessment/charges laid. …
  3. Charging or starting proceedings. …
  4. Committal proceeding. …
  5. Hearing. …
  6. Trial. …
  7. Sentencing. …
  8. Appeals.

What are the five steps in a criminal trial?

  • Arrest.
  • Preliminary hearing.
  • Grand jury investigation.
  • Arraignment in Criminal Court.
  • Trial by jury.

What is the first step of any criminal investigation?

A preliminary (probable cause) hearing is held to determine if there is enough evidence to warrant a trial. The defendant and his or her attorney can be present at this hearing to dispute the charges. Arraignment by a judge. Before the trial, the defendant appears in court and enters a plea.

What is prosecution in the Philippines?

The party in criminal proceeding who instituted the criminal action is called the prosecution. The party against whom the criminal action was instituted is called defense.

What are the 3 tools of investigation?

Tools ​To establish facts and develop evidence, a criminal investigator must use these tools-information, interview, interrogation, and instrumentation. 3.

What are the 7 basic steps in a criminal case?

  • Investigation.
  • Charging.
  • Initial Hearing/Arraignment.
  • Discovery.
  • Plea Bargaining.
  • Preliminary Hearing.
  • Pre-Trial Motions.
  • Trial.

What are the stages of court cases?

  • Institution of suit: …
  • Issue and service of summons. …
  • Appearance of Defendant. …
  • Written Statement, set-off and claims by defendant. …
  • Replication/Rejoinder by Plaintiff. …
  • Examination of parties by Court. …
  • Framing of Issues. …
  • Evidence and Cross-Examination of plaintiff.

Who are five key members in a court trial?

Key figures in a courtroom trial are the judge, a court reporter (in superior court), a clerk, and a bailiff. Other central people are the attorneys, the plaintiff, the defendant, witnesses, court interpreters, and jurors.

What are the 8 stages of a criminal trial?

  • Step 1: Arrest. An arrest is the initial stage in the criminal process in which an individual accused of a crime is taken into custody. …
  • Step 2: Charges. …
  • Step 3: Arraignment. …
  • Step 4: Pretrial Proceedings. …
  • Step 5: Trial. …
  • Step 6: Verdict. …
  • Step 7: Sentencing. …
  • Step 8: Appeal.

What is the prosecution process?

The prosecution commences the presentation of evidence, followed by the accused. Prosecution may present rebuttal evidence. The parties may also present written arguments or memoranda after which the case is deemed submitted for decision.

What is the difference between a lawyer and a prosecutor?

Prosecutors attempt to convict a person who they believe has committed a crime while a criminal defense lawyer will fight for the rights of the accused and attempt to convince a jury that his or her client was not guilty.

What’s the difference between a lawyer and an attorney?

Attorney vs Lawyer: Comparing Definitions

Lawyers are people who have gone to law school and often may have taken and passed the bar exam. … The term attorney is an abbreviated form of the formal title ‘attorney at law’. An attorney is someone who is not only trained and educated in law, but also practices it in court.

What is the golden rule of investigation?

The Golden Rule in Criminal Investigation. “ Do not touch, alter, move, or transfer any object at the crime scene unless it is properly marked, measured, sketched and/or photographed .”

What are the 4 types of evidence?

The four types of evidence recognized by the courts include demonstrative, real, testimonial and documentary.

What are the tools in process of investigation?

Information facilitating collection of evidence, interviewing witnesses and interrogating possible suspects are three basic fundamental tools of a criminal investigation.

How do criminal proceedings start?

P.C., order Police to register an F.I.R and investigate the offence. … In case of non-cognizable offence, Police is not obliged to investigate, and the judicial process can be started by filing a criminal complaint before the competent court, under Section 190 of the Cr.

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