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The prosecution is the legal party responsible for presenting the case in a criminal trial against the defendant, an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person.
The U.S. Bill of Rights. Article Three, Section Two, Clause Three of the United States Constitution provides that: . Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have ...
In Anglo-American law, the party bringing a criminal action (that is, in most cases, the state) is called the prosecution, but the party bringing a civil action is the plaintiff. In a civil action the other party is known as the defendant. In a criminal case, the private party may be known as the defendant or the accused.
[104] [107] In contrast, criminal forfeiture is a legal action brought as "part of the criminal prosecution of a defendant", described by the Latin term in personam, meaning "against the person", and happens when government indicts or charges the property which is either used in connection with a crime, or derived from a crime, that is ...
Prosecutorial discretion [18] grants AGC the power to institute, conduct or discontinue any prosecution at his discretion. [19] The prosecution bears the burden of proof and is required to prove its case beyond a reasonable doubt. This means that in order for a defendant to be found guilty, the case presented by the prosecution must be enough ...
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 ...
James defined what affirmative action is in its most basic form. "(It) is a policy that encourages state institutions to take affirmative action to make sure their processes are fair," she explains.
Commencement of action is the formal procedure by which legal proceedings are initiated. Commencement of civil lawsuits begins when the plaintiff files the complaint with the court. [ 1 ] Criminal proceedings are typically commenced by a government prosecutor .