A criminal case is a court proceeding in which a prosecutor employed by the federal, state or local government accuses someone of having committed a crime. The defendant is presumed innocent until proven guilty beyond a reasonable doubt in court. If found guilty, the defendant may be sentenced to prison, fines, community service or a combination. A criminal case can be initiated by a police investigation or a citizen’s accusation. A defendant’s first appearance in a criminal case is known as an arraignment. During the arraignment, the judge reads the charges and the defendant is advised of his/her rights. The judge will also determine if the defendant has an attorney and if not, the judge will appoint one for him/her.
A person’s trial can be a jury or non-jury trial. The prosecutor must prove each element of the offense to the jury’s satisfaction. The defendant is entitled to a defense attorney, the right to compel witness testimony and the ability to confront witnesses through cross-examination. If the defendant is acquitted, he/she cannot be charged again for that particular crime in the same court or another jurisdiction because of a constitutional protection called double jeopardy.
Writing a criminal law case study is a valuable learning experience for law students because it provides them with an opportunity to put their legal skills to work. It teaches them to think critically about the facts and circumstances of a case. It also helps them develop the ability to sift relevant from irrelevant facts, which is necessary for an effective legal argument.