thelyndzz: What are the procedures involved in criminal trials, to determine whether the defendant is guilty or?
What are the procedures involved in criminal trials, to determine whether the defendant is guilty or innocent?
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Answer by Casey
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.
There is a series of hearings. The first one is to make sure there is enough evidence to proceed. The defendant decides whether he wants a jury or just a Judge to decide if he is guilty. The DA and the defendant’s lawyer take turns presenting their evidence and defense. Witnesses can be called.
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