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Criminal procedure is the adjudication process of the criminal law.While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant.
The United States Constitution, including the United States Bill of Rights and subsequent amendments, contains the following provisions regarding criminal procedure. Due to the incorporation of the Bill of Rights, all of these provisions apply equally to criminal proceedings in state courts, with the exception of the Grand Jury Clause of the Fifth Amendment, the Vicinage Clause of the Sixth ...
If the court does not find probable cause, then typically the prosecution will cease. [6] Many jurisdictions, however, allow the prosecution to seek a new preliminary hearing or to seek a bill of indictment from a grand jury. [7] The key questions normally addressed at a preliminary hearing are: [6] [8]
The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction.
Evidence of other crimes, wrongs or acts is available for "non-character purposes," such as motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. In a criminal prosecution, the defendant can request to receive notice of this type of evidence if the prosecution intends to admit it at trial. [6]
An exhibit, in a criminal prosecution or a civil trial, is a physical or documentary evidence brought before the jury. The artifact or document itself is presented for the jury's inspection. Examples may include a weapon allegedly used in the crime, an invoice or written contract, a photograph, or a video recording.