Universal Aspects of the Prosecution Process

justice

justiceMost justice systems in the world share similar processes. For example, before authorities can arrest a suspect, there has to be an investigation or proof of the accusation against them.

Law enforcement agents investigate to see whether the alleged crime happened and if it warrants an arrest. After they make sure that the suspect committed the crime, they may arrest them if they have jurisdiction.

When it comes to criminal investigation and training programs, the courses must cover even the differences in legal systems across borders. In some countries, for example, the courts do not have a jury.

In other countries, there is no compensation from the government — just a conviction. However, there are a few aspects that remain universal.

Arrest

Under arrest, the suspect is on hold, waiting for trial. It could be that law enforcers get to the scene, determine a reason for an arrest and put the person in custody.

While the requirements to get the permit will vary from place to place, most agree that if the police have an order, they can make the arrest — no exceptions.

Preliminary Hearing

After the arrest, the accused appears in court as soon as they can. This is where they will know the charges against them as well as their rights to counsel.

The defense and the prosecutor each present evidence and establish whether the defendant is responsible for the crime. If the court finds a probable cause by the defendant, they go on to trial. Otherwise, they dismiss the case and release the accused.

Bargaining the Plea

Sometimes the defendant pleads guilty in exchange for a compromise from the prosecutor. The concession could be to dismiss other charges, to recommend a sentence or to agree to another disposition.

Regardless of the reason for pleading guilty, after presenting the plea to the court, the court can reject it, discuss alternatives or accept the request.

Many justice systems around the world will agree that a suspect is innocent until proven guilty. Most of the time, what differs is in their processes of proving guilt or innocence, as well as the punishment.