На основе текста Criminal Procedure установите всех участников уголовного процесса. (вот этот текст)
PRETRIALSTAGE. A criminal case passes through several phases before trial. At the first stage the crime is reported and investigated. Then, if there is “probable cause”, i.e. reasonable grounds (something more than mere suspicion to believe that a particular person committed the crime)the person can be arrested. An arrest warrant is necessary unless the pressure of time requires immediate action (e.g. before the suspect flees).
Finally, criminal charges must be lodged against the defendant. Depending on the state, the charges are called either an indictment (by a grand jury) or information (by a magistrate or police officer).They must be based on probable cause, preponderance of evidence, or prosecutor’s evidence that supports a belief in the defendant’s guilt.
In the USA most cases are resolved without a trial. Attorneys for the defence and prosecution usually reach a plea bargain. The judge must decide whether the guilty plea was freely given and whether there was some factual basis for the plea, but judicial disapproval of an agreed upon plea is rare.
BURDEN OF PROOF. At the trial there is crucial difference between criminal and civil cases in the level of proof required. A civil plaintiff merely needs a preponderance of the evidence; the judge only needs to find that the evidence favours the plaintiff over the defendant. A successful criminal prosecution requires proof of guilt beyond a reasonable doubt.
The prosecuting counsel opens the case with a short description of the events of the crime and calls his witnesses. After taking an oath by the witness the prosecuting counsel begins his examination by asking the witness his/her name, profession, place of domicile. In English law, witnesses are not allowed to make lengthy statements to the court. It is the duty of the attorneys for both parties to examine and cross-examine witnesses.
THE ORDER OF PROCEEDINGS. The session is opened by the court called to order by the Clerk of the Court. The judge enters. The clerk says: “All rise”. Everyone stands up and waits for the judge to take his seat. The accused is brought into the dock and the clerk asks for his or her name. The accused answers with the appropriate plea.
In English law a person is innocent until proven guilty. This means that in a trial the burden of proof is on the prosecution and if the prosecution cannot establish a reasonable cause for conviction the court must acquit the accused.
Both the defence and prosecution give their closing arguments, the prosecution going first. The judge sums up the evidence and instructs the jury on their duties. He reminds the jury that if there is any doubt at all in their minds they must acquit the defendant. The jury retires to the jury room to consider the verdict. The verdict “not guilty” does not necessarily mean that the judge or jury believe the defendant to be innocent. It is simply a finding that there was insufficient evidence to prove guilt beyond a reasonable doubt.
EVIDENCE. Criminal trial courts have numerous, complex rules about what evidence is admissible, and how it may be introduced. The rules are supposed to exclude irrelevant, unreliable, or unfairly prejudicial matters, especially in jury cases (the system presupposes that a judge is less likely to be swayed by improper evidence). The jury’s verdict is to be based solely on the evidence properly brought out at the trial. Otherwise proper, highly relevant evidence may be excluded because it was obtained in violation of a defendant’s constitutional rights. Criminal appeals are often decided on such so-called technical issues.
APPEALS. The appeal is a petition for review of a case that has been decided by a court of law. The petition made to a higher court for the purpose of overturning the lower court’s decision. The specific procedures for appealing can vary greatly depending on the type of case and jurisdiction where the case was prosecuted. The appeal system is mostly for the benefit of the defendant, but it is possible for the prosecution to appeal for a retrial.
Appellate courts cannot overturn a verdict simply because they disagree with it — e.g., with how the jury weighed the evidence and decided to believe one witness more than another witness. Appeals tend to focus on problems in the trial, judge’s legal ruling, the instructions to the jury, and the trial procedures, not simply in the judge’s factual interpretations.
The nature in Spain is very beautiful, and all trees were green when we came there. I saw the deep and blue sea, and I wanted to swim. But on the third day of our staying in Spain we saw dark clouds, and so we decided to go sightseeing around the town. There I saw real Spain’s life. It was very attractive to me.
During the first week of our trip we only swam in the sea. It was very warm with large waves. Near the rocks there were a lot of different fishes, and all the tourists watched them. One day we went on the excursion. It was the excursion to the Salvador Dali Museum – a famous Spanish painter. We went to his castle and admired his garden around it. There were many trees and beautiful flowers. But the main purpose of our trip was to see his paintings. All the pictures are very unusual and strange. But this mystery is a drop of real art. And what his moustaches are! We also saw his wife in his paintings. So I can say that the excursion was amazing. Near the castle we saw a field of sunflowers. It was all yellow and very beautiful. After the excursion we went to a Spanish cafe. There we tasted delicious pasta.
It was the best day of the trip, I should say. We bought a lot of souvenirs and books about the life of Salvador Dali. I think that when you come to Spain, you should visit this Museum
Тут от себя рассказываешь) про своё путешествие в Испанию