There are multiple stages of the criminal court process that create a burden of proof that contribute to criminal justice investigations. Every court process begins with a crime allegedly committed to determining its legal status. Law enforcement and detectives determine if the crime was illegal or legal due to the investigations. They investigate a crime by interviewing victims, witnesses, and suspects. They also gather physical evidence by taking pictures, fingerprint, and DNA samples. The investigation provides police with a great opportunity to collect any attainable evidence and reconstruct a timeline and reenactment of the crime (Hartzell, n.d). The criminal court process is created to provide justice and protection for each member
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This hearing determines if there is sufficient evidence that exists against an offender to continue the criminal justice process. The judge in this step searches for a probable cause to prove a crime was committed and the suspect accomplished doing so. Nevertheless, if a probable cause is determined, the accused suspect is held for trial on the information, which results in formal charging. In federal cases and other states, there is a grand jury that is empanelled to determine if there is enough evidence to file indictment charges against the suspect with the crimes. However if the grand jury finds there is sufficient evidence to warrant a trial it issues a true bill, if not it issues a no bill and he or she is filtered out of the criminal justice network (Appalachian State University, n.d). The burden of proof at the preliminary hearing or grand jury is the weight of evidence. In this step, the judge or grand jury determines if there are enough facts necessary to determine a probable …show more content…
Also, there must be a legal basis for the appeal such as alleged material error in the trial, despite not because the losing party did not agree with the verdict. If the defendant was convicted through the plea bargain then the right of appealing is demolished. Any convicted offenders are able to appeal their case based on the matter of law. When there is an appeal, the court reviews the case looking at the previous proceedings in the lower courts and will not consider new evidence. The appellate courts look at the record and the written briefs filed by the defendant and the prosecutor of the appeal. The appellant will file a second brief in response to the prosecutor’s position and may hear oral arguments before reaching a decision. The burden of proof depends on previous evidence of the plaintiff’s previous evidence, as the appeal court cannot use new evidence in the attempt to appeal.
Each stage of the criminal court process uses evidence in different ways to create a burden of proof that contributes to criminal justice investigations. Every step of the process describes different approaches to proving innocence or guilt of the defendant. Law enforcement and the court system to help protect members of society by convicting, punishing, and rehabilitating people who have done illegal matters. With the help of each step, the criminal justice
This hearing determines if there is sufficient evidence that exists against an offender to continue the criminal justice process. The judge in this step searches for a probable cause to prove a crime was committed and the suspect accomplished doing so. Nevertheless, if a probable cause is determined, the accused suspect is held for trial on the information, which results in formal charging. In federal cases and other states, there is a grand jury that is empanelled to determine if there is enough evidence to file indictment charges against the suspect with the crimes. However if the grand jury finds there is sufficient evidence to warrant a trial it issues a true bill, if not it issues a no bill and he or she is filtered out of the criminal justice network (Appalachian State University, n.d). The burden of proof at the preliminary hearing or grand jury is the weight of evidence. In this step, the judge or grand jury determines if there are enough facts necessary to determine a probable …show more content…
Also, there must be a legal basis for the appeal such as alleged material error in the trial, despite not because the losing party did not agree with the verdict. If the defendant was convicted through the plea bargain then the right of appealing is demolished. Any convicted offenders are able to appeal their case based on the matter of law. When there is an appeal, the court reviews the case looking at the previous proceedings in the lower courts and will not consider new evidence. The appellate courts look at the record and the written briefs filed by the defendant and the prosecutor of the appeal. The appellant will file a second brief in response to the prosecutor’s position and may hear oral arguments before reaching a decision. The burden of proof depends on previous evidence of the plaintiff’s previous evidence, as the appeal court cannot use new evidence in the attempt to appeal.
Each stage of the criminal court process uses evidence in different ways to create a burden of proof that contributes to criminal justice investigations. Every step of the process describes different approaches to proving innocence or guilt of the defendant. Law enforcement and the court system to help protect members of society by convicting, punishing, and rehabilitating people who have done illegal matters. With the help of each step, the criminal justice