Policing in US Society

Policing in US Society

Preparing a Case

Proceedings before the court allows police to establish the reality of the offense, before associating or not a sentence in a particular context: the minutes or reports prepared by public officials are prima facie evidence otherwise.

Simplified procedure

Initiation

Only the prosecutor may apply to the police court a simplified procedure.

It cannot be applied:

•If the victim wishes to summon the offender by direct quotation,

•Or if the offense relates to the labor law,

•Or if the offender was under 18 at the time of the offense.

The judge may decide to refer the case to the normal procedure if it considers most appropriate.

Effects of the simplified procedure

In the case of a simplified procedure, there is no prior debate. The judge makes his decision, called “prescription criminal "on the record submitted by the prosecutor.

Opposition to the penal order

The accused convicted by ordinance may make criminal opposition within30 days of notification of the decision.

The case was then retried by the same court in the ordinary way.

The opposition is made, either by mail or by oral statement to the court the court.

Ordinary procedure

Attendance and representation of the accused

The convocation is a simple letter or notice delivered by bailiff. It is not required to report personally. The accused may:

•be represented by counsel,

•Request by letter to the president of the court, to be tried in his absence.

Audience

The first part of the hearing was devoted to the investigation of the case. For this, the president of the court:

•hear the parties and proceed to the hearing of witnesses,

•examines the evidence of the offense and harm: court police, the facts are proven by the reports prepared by public officials. They are worth as they are not challenged by any other writing or a witness. Failing minutes, proof may be made by a witness.

At the end of the investigation phase, the victim, the prosecutor and the defendant expose the presiding judge their conclusion.

Judgment is

Judgment is given at the end of the hearing or at a later date, to the parties.

The judge decides based on his firm conviction:

•Either he finds the reality of the offense and calls contravention sentencing or he chooses to waive the penalty or author defers its delivery,

•Either he finds the reality of the offense and calls the crime or offense: he then declared incompetent and do not pronounce judgment,

•Either he finds that the defendant has not committed a crime: he pronounces his release or condemns the defendant to repair the damage (if the damage is the result of carelessness or negligence, for example).

Recourse

Opposition

Where a party has not been notified of the hearing and there is not present or represented, the judgment is called "default rendering."

In this case, the absent party has the right to oppose the judgment, that is to say, to retry the case.

The opposition is formed by declaration prosecutor within 10 days of becoming aware of the judgment (its meaning, for example).

The case is judged again by the same court.

Call

It is possible to appeal against a judgment of the police court where the ...