Read the text and choose the best heading to each para.Criminal ProcedureBlank 1 Вопрос 1 SENTENCINGPRETRIAL STAGETHE ORDER OF PROCEEDINGSEVIDENCEBURDEN OF PROOFAPPEALS . A criminal cases passes through several phases before trial. At the first stage the crime is reported and investigated. Then, if there is a "probable cause", i.e. reasonable grounds (something more than mere suspicion to believe that a particular person committed the crime) the person can be arrested. An arrest warrant is necessary unless the pressure of time requires immediate action. Finally criminal charges must be logned against the defendant. Depending on the state, the charges are called either an indictment (by a grand jury) or information (by a magistrate or police officer). They must be based on probable cause, prepinderance of evidence, or prosecutor's evidence that supports a belief in the defendant's guilt.Blank 2 Вопрос 1 SENTENCINGPRETRIAL STAGETHE ORDER OF PROCEEDINGSEVIDENCEBURDEN OF PROOFAPPEALS . At the trial there is crucial difference between criminal and civil cases in the level of proof required. A civil plaintiff merely needs a preponderance of the evidence; the judge only needs to find that the evidence favours the plaintiff over the defendant. A successful criminal prosecution requires proof of guilt beyond a reasonable doubt. Blank 3 Вопрос 1 SENTENCINGPRETRIAL STAGETHE ORDER OF PROCEEDINGSEVIDENCEBURDEN OF PROOFAPPEALS . The session is opened by the court called to order by the Clerk of the Court. The judge enters. The clerk says: "All rise". Everyone stands up and waits for the judge to take his seat. The accused is brought into the dock and the clerk asks for his or her name. The accused answers with the appropriate plea. In English law a person is innocent until proven guilty. This means that in a trial the burden of proof is on the prosecution and if the prosecution cannot establish a reasonable cause for conviction the court must acquit the accused. The verdict "not guilty" does not necessarily mean that the judge or jury believe the defendant to be innocent. It is simply a finding that there was inssuficient evidence to prove guilt beyond a reasonable doubt.Blank 4 Вопрос 1 SENTENCINGPRETRIAL STAGETHE ORDER OF PROCEEDINGSEVIDENCEBURDEN OF PROOFAPPEALS . Criminal trial courts have numerous, complex rules about what evidence is admissible, and how it may be introduced. The rules are supposed to exclude irrelevant, unreliable, or unfairly prejudicial matters, especially in jury cases. The jury's verdict is to based solely on the evidence properly brought out at the trial. Otherwise proper, highly relevant evidence may be excluded because it was obtained in violation of a defendant's constitutional rights. Blank 5 Вопрос 1 SENTENCINGPRETRIAL STAGETHE ORDER OF PROCEEDINGSEVIDENCEBURDEN OF PROOFAPPEALS . The appeal is a petion for review of a case that has been decided by a court of law. The petition made to a higher court fro the purpose of overturning the lower court's decision. The specific procedures for appealing can vary greatly depending on the type of case and jurisdiction where the case was prosecuted. The appeal system is mostly for the benefit of the defendant, but it is possible for the prosecution to appeal for a retrial.
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