A Previous Proceeding (Trial) of Defendant is a legal process in which a defendant is tried and a verdict is reached. Depending on the type of case, there are several types of Previous Proceeding (Trial) of Defendant. The most common type of trial is a criminal trial, in which the defendant is accused of a crime. The prosecution presents evidence to prove that the defendant is guilty, while the defense presents evidence to establish the defendant's innocence. The jury or judge then decides the verdict, which can be guilty, not guilty, or a hung jury. Another type of trial is a civil trial, which is used in disputes between two or more parties. In a civil trial, the defendant is usually a business or an individual. The plaintiff presents evidence that the defendant has caused them harm, and the defendant is expected to prove that they did not cause the harm. The jury or judge then decides the outcome of the case, which is usually a monetary award to the plaintiff. In addition to criminal and civil trials, there are also administrative trials. Administrative trials are used for disputes between a government agency and a citizen. In an administrative trial, the defendant is expected to prove that the government agency has acted unlawfully. The jury or judge then decides the outcome, which is usually a ruling in favor of the defendant. Finally, there are also appellate proceedings, which are used to review the decisions of a lower court. The appellate court may review the decision, and decide to either uphold the ruling of the lower court or reverse it.
Previous Proceeding (Trial) of Defendant
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FAQ
The Double Jeopardy Clause in the Fifth Amendment to the US Constitution prohibits anyone from being prosecuted twice for substantially the same crime.
The obvious application of double jeopardy is when law enforcement finds new evidence of the defendant's guilt after the jury has already acquitted them. The prosecution cannot charge them again, even if the evidence shows that they probably are guilty.
After-discovered evidence, or newly discovered evidence, is evidence which existed at the time of the original trial but was only discovered after the conclusion of the trial. After-discovered evidence is an issue predominantly in criminal proceedings and may be used as the basis for a motion for a new trial.
While the trial itself is a critical process, the actual outcome is often decided long before you set foot in front of a jury. The pretrial hearing happens before the trial, and it lays the foundation for everything that will come later.
Criminal Trial Phases Choosing a Jury. Opening Statements. Witness Testimony and Cross-Examination. Closing Arguments. Jury Instruction. Jury Deliberation and Announcement of Verdict.
With one exception, in the United States an acquittal cannot be appealed by the prosecution because of constitutional prohibitions against double jeopardy. The U.S. Supreme Court has ruled: If the judgment is upon an acquittal, the defendant, indeed, will not seek to have it reversed, and the government cannot.
Further, under double jeopardy law, if a defendant has already served their sentence, then they cannot be tried again, even with new evidence that would have increased the criminal punishment.
Federal criminal charges can be brought in one of three forms: indictment, criminal complaint (followed by indictment), or information. Grand juries hear evidence presented by the government to determine whether there is probable cause that a crime has been committed.