Sources of law
U.S. Constitution
The United States Constitution, including theFederal statutes and rules
Federal statutes and rules apply to criminal proceedings in federal courts, such as: *State statutes and rules
Each state has its own statutes and rules of criminal proceeding applying to proceedings in its courts.Charging instruments
In a criminal case, the government generally brings charges in one of two ways: either by accusing a suspect directly in a " bill of information" or other similar document, or by bringing evidence before a grand jury to allow that body to determine whether the case should proceed. If the grand jury determines that there is enough evidence to justify the bringing of charges, then the defendant isPetit juries
Once charges have been brought, the case is then brought before aPresentation of evidence
The prosecution gives an opening statement that summarizes its general arguments. The defense can then present its opening statement or may opt to wait until the prosecution has finished presenting its complete case. The prosecution presents its case first. This is done by calling witnesses to give testimony and by presenting physical evidence that will prove the defendant is guilty of the crime. Witnesses are people who can give testimony that will help prove the guilt of the defendant. They may have actually seen events related to the crime, may have relevant information about the defendant, or may be able to give expert testimony concerning the evidence or have other important information. After the prosecution finishes, it is the time for the defense to address the court. The defense may start by asking the judge to dismiss the case for lack of evidence. If the judge agrees the evidence is insufficient to prove the defendant committed the crime without a reasonable doubt, the case will be dismissed and the defendant will be free of the charges. Usually, the judge does not dismiss the case. At this time, the defense will give its opening statement if it has not already done so. The defense then proceeds to present its case by calling witnesses and submitting evidence that will prove the defendant did not commit the crime. All witnesses may be cross-examined by the opposing side while testifying. Under theVerdict
Burden of proof
The burden of proof is on the prosecution in a criminal trial. This means the prosecution must prove beyond a reasonable doubt that the defendant is guilty of the crime. The defense has no burden of proof and is presumed innocent during all stages of a criminal trial.Deliberation
Once the prosecution and defense present their cases, the judge will give the case to the jury. First the judge will instruct the jury about any legal rules that may affect their decision. The judge then sends the jury to the jury room to deliberate about whether the defendant is guilty or not guilty of the charges. During the trial the jury is not allowed to read about the case or discuss it with anyone even each other. Sometimes juries are sequestered or kept together away from their homes and any media coverage of the trial. Once deliberation begins the jurors are allowed to talk to each other. They are to remain together, except overnight, until they either reach a decision or determine they cannot reach a decision. In the latter occurrence, the jury is said to be deadlocked and is called a hung jury. If the jury decides, this is called the verdict. They inform the judge and return to the courtroom where the verdict is read. The judge may either accept the verdict or overrule it. It is rare for the verdict to be overruled. This happens when the judge thinks the verdict is unlawful. Often this is because the jury does not follow the legal instructions. It can also happen if the judge thinks the jury interpreted the evidence in a manner that was not legal. Once the verdict is determined, the trial moves to the punishment phase. This can simply be the judge issuing the punishment sentence or, in more serious cases, can involve a separate hearing.Sentencing
If a defendant is found guilty, sentencing follows, often at a separate hearing after the prosecution, defense, and court have developed information based on which the judge will craft a sentence. The United States Sentencing Commission has promulgated guidance on what restitution and prison terms should be assessed for different crimes. In capital cases, a separate "penalty phase" occurs, in which the jury determines whether to recommend that the death penalty should be imposed. As with the determination of guilt phase, the burden is on the prosecution to prove its case, and the defendant is entitled to take the stand in his or her own defense, and may call witnesses and present evidence. When the court has pronounced a sentence, a court order is issued in some cases. If it appears from the complaint or affidavits filed with the complaint that there are sufficient grounds to believe that an offence has been committed and that the accused has committed it, a warrant of arrest for that accused shall be issued to any officer authorized by law. At the prosecutor's request, a judge must issue a summons in place of the arrest warrant. More than one warrant or summons may be issued for one complaint. If the defendant fails to appear on the summons, an arrest warrant must be issued. The Federal Rules of Criminal Procedure in the U.S. District Courts in Chapter 2, Pre-Trial Proceedings, contain Rules 4 and 5, which regulate in detail how an arrest warrant can be issued and how it must be executed. A court order allows police officers to enter any dwelling where there is probable cause to believe that the accused is absconding, even if these orders are issued without complying with the probable cause requirement through an affidavit.Appeals
After sentencing, the case enters the post conviction phase. Usually the defendant begins serving the sentence immediately after the sentence is issued. The defendant may appeal the outcome of his trial to a higher court. American appellate courts do not retry the case. These courts only examine the record of the proceedings of the lower court to determine if errors were made that require a new trial, resentencing, or a complete dismissal of the charges. The prosecution may not appeal after an acquittal, although it may appeal under limited circumstances before the verdict is rendered. The prosecution may also appeal the sentence itself. Increasingly, there is also a recognition that collateral consequences of criminal charges may result from the sentence that are not explicitly part of the sentence itself.See also
* Criminal procedureReferences
{{Law of the United States United States procedural law