The Process of Criminal Prosecution

Introduction

As discussed earlier, criminal law involves dealing with criminal offenders through the process of charging, prosecuting, and assigning punishment for the criminal offense. Procedures in dealing with criminal matters vary by jurisdiction, whether for local, state, or federal jurisdiction; however, the procedures are similar in the overall process of each jurisdiction. In this lesson, we will take a look at the process of a criminal prosecution. Take a look at a preview of the steps in a criminal prosecution below.

The Process of a Criminal Prosecution

In our earlier modules, we learned that a civil case involved a dispute between individuals or entities. The individual or entity seeks a resolution to a contractual or other civil issue. The lawsuit in a civil case is brought by the individual or entity who received injury, seeking a monetary or other remedy from the individual or entity who caused injury. Remedies in a civil suit may require an individual or entity to pay money, give up property, or to perform certain contractual obligations.

A criminal process is of course much different.

Criminal law cases involve the prosecution of an individual for a criminal act. A criminal case is initiated by a prosecutor representing the government entity charging the accused, the individual who allegedly committed the criminal act. A person convicted of a criminal offense may be ordered to pay a fine, may be incarcerated, or possibly ordered to do both. Criminal offenses are not only committed by individuals. Companies, businesses, and organizations are often found guilty of committing crimes as well.

Review the presentation below on The Process of a Criminal Prosecution.

Let's Review!

Take a moment to participate in the following activity to practice your understanding of the topics in this module. Reach out to your instructor if you have any questions.

Final Thoughts

While civil law serves as a catalyst of resolution for individuals or entities involved in a dispute, criminal law involves dealing with criminal offenses and acts against the public at large. Crimes can be handled through local, state, or federal courts, depending on the jurisdiction of the crime.

Criminal law deals with criminal offenders through the process of charging, prosecuting, and assigning punishment for the criminal offense if necessary.

Throughout the process, however, the accused remains innocent until proven guilty.

IMAGES CREATED BY GAVS