lign="justify"> Procedure of criminal case
criminal case begins when a person goes to court and files a complaint that another person has committed an offence. This is followed by issuing either an arrest want or a summons. A criminal case is started when an indictment (обвинувальний акт) is returned by a grand jury before anything else happens in the case. Indictments most often are felony accusations against persons, who have been arrested and referred to the rand jury. After an accused is indicted, he is brought into court and is told the nature of the charge against him can plead guilty, which is the admission that he committed crime and can be sentenced without a trial. He can plead guilty and be tried.
As a general rule the parties to civil suits and defendant criminal cases are entitled to" trial by jury of 12 jurors. But a jury is not provided unless it is demanded in writing in advance of the trial; in this case a civil or a criminal case is judge alone, greater criminal cases are tried to a three-judge panel.
In trial by the jury the attorneys for each party make their opening statements. The prosecution presents its evidence based on the criminal investigation of the case.attorney for the defence pleads the case of the accused, examines his witnesses and cross-examines the witnesses for the prosecution. Both, the prosecution and the defence, try to convince the jury. When all the evidence is in, the attorneys make their closing arguments to the jury with the prosecutor going first. Both attorneys try to show the evidence in the most favourable light for their sides. But if one of them uses improper material in his final argument the opponent may object, the objection may be ruled out by the judge who will instruct the jury to disregard what was said or may be sustained. After this the judge proceeds to instruct the jury on its duty and the jury retires to the jury room to consider the verdict. In civil cases at least three-fourths of the jurors must agree on the verdict. In a criminal case there must not be any reasonable doubt as to the guilt of the accused, the verdict must be unanimous.
The next stage is for the judge to decide, in case of a verdict of guilty, what sentence to impose on the convict. Pros and Cons of capital punishment
Nowadays not only are the methods different but more importantly not everyone agrees that capital punishment should be used. People are divided into two distinct groups; those for and those against. This is because this issue is black and white; there is no grey area.
Types of capital punishment: the USA, 85% of the population over the age of 21 approve of the death penalty. In the many states which still have the death penalty, some use the electric chair, which can take up to 20 minutes to kill, while others use gas or lethal injections.
Pros: pro-Hanging lobby uses four main arguments to support its call for the reintroduction of capital punishment. First there is the deterrence (стримуюча) theory, which argues that potential murderers would think twice before committing the act if they knew that they might die if they were caught.idea of ??retribution demands that criminals should get what they deserve: if a murderer intentionally sets out to commit was the case a crime, he should accept ...
