Federal Criminal Procedure
Lucía Giusti
Created on September 20, 2021
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Transcript
Federal Criminal Procedure
Traductor Público de Inglés | Terminología Jurídica I
Investigation
Initial appearance
Arraignment
Trial
Complaint
Indictment or information
Plea bargain
Sentence
The investigation begins after the police get a report of a crime or arrest a person when he is in the act of committing a crime. The police carry out an investigation to determine if there is probable cause to believe that the suspect committed a crime.
A complaint, a written statement of the essential facts constituting the offense charged, is prepared by the police or the prosecutor, and it is filed with the court. It serves as the official charging document prior to the issuance of an information or an indictment. The purpose is to request further investigation.
The defendant makes an initial appearance. He appears before the judge, who informs him of the charges against him. The judge decides if the defendant will be held in prison until trial or if he will be released under certain conditions. If the defendant is not released, he is remanded in custody, and if he is released, he is remanded on bail.
Criminal charges are brought against the defendant in one of two ways:
- A grand jury issues an indictment.
- The prosecutor issues an information.
The defendant is arraigned. He is brought before the court that will hear the case, and the charges against him are read. Then, the defendant is asked to enter a plea. The defendant may:
- plead guilty;
- plead not guilty;
- plead nolo contendere;
- fail to enter a plea.
The prosecutor and the defense may enter into a plea bargain. They negotiate and try to come to an agreement. Usually, the prosecutor promises to make concessions in return for the defendant’s guilty plea. These concessions may include a reduced charge or a lenient sentence.
The trial can be a jury trial or a bench trial. A jury trial is a trial in which the factual issues are decided by a jury, and a bench trial is a trial held before a judge, who decides questions of fact and questions of law. The prosecutor and the defense present their cases. Then, if the trial is a jury trial, the jury renders a verdict. The decision of the jury does not take effect until the judge enters judgment: acquittal or conviction.
If the defendant is acquitted, the defendant will be released. If he is convicted, the judge will set a date for sentencing. Sentences include fines, probation, imprisonment, death, etc.