What are the 2 sides in a criminal case?

What are the 2 sides in a criminal case?

In criminal trials, the state’s side, represented by a district attorney, is called the prosecution. In civil trials, the side making the charge of wrongdoing is called the plaintiff. (The side charged with wrongdoing is called the defendant in both criminal and civil trials.)

How many sides are there in a criminal court case?

four sides

What are the steps of a court case?

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

What are the 7 steps of a trial?

7 Stages To A Criminal Trial

• Voir Dire. Voir Dire is a fancy French word used to name jury selection.
• Opening Statement. After the jury is empaneled, the trial will begin with opening statements.
• State’s Case in Chief. After the opening statements the state is required to present its case.
• The Defense Case.
• State’s Rebuttal.
• Closing Arguments.
• Verdict.

What are the 12 steps of a criminal trial?

12 Steps Of A Trial Flashcards Preview

• Opening statement made by the prosecutor or plaintiff.
• Opening statement made by the defendant.
• Direct examination by plaintiff or prosecutor.
• Cross examination by defense.
• Motions.
• Direct examination by defense.
• Cross examination by prosecutor or plaintiff.

What are the 14 steps of a trial?

Terms in this set (14)

• step 1: pre-trial proceedings.
• step 2: jury is selected.
• step 3: opening statement by plaintiff or prosecution.
• step 4: opening statement by defense.
• step 5: direct examination by plaintiff/ prosecution.
• step 6: cross examination by defense.
• step 7: motions to dismiss or ask for a directed verdict.

What are the 8 stages of a criminal trial?

Eight stages:

• Trial initiation.
• Jury selection.
• Opening statements.
• Presentation of evidence.
• Closing arguments.
• Judge’s charge to the jury.
• Jury deliberations.
• Verdict.

What is usually the order of a trial?

There are four main stages to a trial. In sequence, they are: Trial Stage – seating of the jury, testimony on behalf of the plaintiffs and testimony on behalf of the defendants. Post Trial – concluding arguments, judge’s charge to the jury, jury deliberations, announcement of judgment, motions for new trial or appeal.

Which party in a trial presents evidence first?

At the start of a trial, each party can make an opening statement giving a brief outline of the evidence that will be presented. The plaintiff goes first followed by the defendant. In a bench trial, the judge may not want opening statements.

What is the difference between a trial and a hearing?

Hearings can determine temporary, agreed, or some procedural matters. The trial is where you give evidence and arguments for the judge to use in making a final decision.

What is the level of proof in a criminal trial?

For example, in criminal cases, the burden of proving the defendant’s guilt is on the prosecution, and they must establish that fact beyond a reasonable doubt. In civil cases, the plaintiff has the burden of proving his case by a preponderance of the evidence.

Are texts enough to convict?

Generally not. The legal doctrine of corpus delecti generally prevents convictions based solely on people talking about a crime or crimes. There has to be some other evidence tending to prove that the crime actually took place. So texting about drugs is maybe not enough.

Is hearsay enough to convict someone?

If all the evidence against you is hearsay, it is all inadmissible. Therefore, no evidence would be admitted. You can’t be convicted if the prosecution submits no evidence of your guilt. Circumstantial evidence is admissible.

What are three exceptions to the hearsay rule?

The following are not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness: (1) Present Sense Impression. A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it. (2) Excited Utterance.

Are witnesses enough to convict?

Can I be convicted if the only evidence is the word of one person? Unfortunately, the answer is yes, if the jury believes that one witness beyond a reasonable doubt.

Is testimonial evidence enough to convict?

The short answer is Yes. There are certain circumstances where the testimony of certain individuals may not be enough to sustain a conviction. But Testimony is evidence.

Can you go to jail for he say she say?

The single unsubstantiated statement of one person can land an innocent person in prison even if the case does not involve any other evidence, witnesses, injuries or medical proof. We call this type of case a “he said, she said” case. CONTACT ABDO LAW if you or a family member is accused of a sex crime.