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In all criminal prosecutions, the accused shall enjoy the right to a speedy . . . trial . . . . [3] The Speedy Trial Clause regulates delay between the bringing of a formal criminal charge and/or the pre-trial deprivation of the accused's liberty and the start of trial. [31] The Clause has been incorporated to apply in state prosecutions. [32]
If the preliminary inquiry judge rules that the Crown prosecutor has satisfied this standard, the Court commits the accused to stand trial. The Crown prosecutor then files an indictment, which is the formal charge to begin the trial, normally in the superior trial court. The indictment is based on the charges originally set out in the information.
The United States Constitution, including the United States Bill of Rights and subsequent amendments, contains the following provisions regarding criminal procedure. Due to the incorporation of the Bill of Rights, all of these provisions apply equally to criminal proceedings in state courts, with the exception of the Grand Jury Clause of the Fifth Amendment, the Vicinage Clause of the Sixth ...
The defendant's rights to not plead guilty, and to request a jury trial. The court must ask the defendant if he understands each of these points, and must receive a voluntary affirmative response. Many courts use a script of the questions which the judge will ask the defendant and the defense attorney in a specific order. Failure by the court ...
Once issues concerning the producibility of a requested statement have been raised, it is the duty of the court to conduct some sort of inquiry. This is a question for the court, and not the jury. [79] [80] A trial court's decision of what material must be produced under the Act is subject to review under the "clearly erroneous" standard. [81]
In common law jurisdictions, a preliminary hearing, preliminary examination, preliminary inquiry, evidentiary hearing or probable cause hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial. At such a hearing, the defendant may be assisted by a lawyer.
An inquest is a judicial inquiry in common law jurisdictions, particularly one held to determine the cause of a person's death. [1] Conducted by a judge, jury, or government official, an inquest may or may not require an autopsy carried out by a coroner or medical examiner. Generally, inquests are conducted only when deaths are sudden or ...
The typical criminal proceeding in the civil law world can be thought of as divided into three basic parts: the investigative phase, the examining phase (the instruction), and the trial. The investigative phase comes under the direction of the public prosecutor, who also participates actively in the examining phase, which is supervised by the ...