SENTENCING POLICY

Sentencing Policy

Sentencing Policy

Introduction

One of the most vaguely aware of events in the United States, the modern criminal trial. Most people have little knowledge of what is happening in the criminal case, mainly due to the fact that they had seen on television, but the person who knows the real course of the court rarely. However, there is nothing mysterious about the events that determine the guilt of the crime. Tests of carefully planned, after the procedures, which were laid out in legal concrete for many years, and generally follow the same basic format throughout the United States. Criminal law differs from civil law in the sense that the criminal acts that are officially considered to be harmful not only to individuals but also society as a whole. This is the reason why criminal cases are described as a state against the offender. The state, as the aggrieved party, the defendant takes the court. The purpose of the criminal process is to determine if the offender is legally guilty of the crime, but it does not necessarily mean that the person committed the crime. In contrast to the actual guilt (man did it "), legal guilt simply means that the jury is convinced the defendant's peers, without any reasonable doubt. As you can see, this leaves room for possible discrepancies.

Before the trial can take place for certain events must take place. The first charge the defendant, which can occur at any time between arrest and logic, not some time before the court itself. Arraignment consists of reading the court the defendant's substantive allegations, and calls on the subject to make a statement within a certain time.

Defendant may consult with counsel and be advised that the appeal court to offer. He may plead guilty or no contest (nolo contendere), and in this case, the court does not, and the theme goes directly to the sentencing hearing, or he may plead not guilty, and the preparation process will continue. In very rare cases, the accused will not enter guilty, and is said to "keep quiet". Immediately after entering a plea of not guilty, the defendant must decide on one, if any, many courses of Defense to follow. Pleaded guilty or no contest, which cleared the defendant can not be used as evidence against the accused. (Miller, Raymond C. 1982 Page 13).

Another defense, "infancy defense" may be used only for children. "Children under seven years can not be tried for any crime, no matter how serious." Age of prosecution as an adult varies, but ranges from ten to eighteen years.

Disclosure of the main part of the trial rights. At the request of the defendant, the government should disclose all the evidence and testimony that the defendant must be charged. On the other hand, if this happens, the defendant must disclose the defense evidence in the government, if requested. At the same time as other drugs trial, the jury for the trial is chosen, usually from the same area as ...