A criminal case is when the government, through a prosecutor, accuses someone of breaking a law. A case can only be filed when a police investigation leads to evidence that the person accused committed an offense.
The prosecution has the burden to prove each element of the crime, and the elements are defined in the statute establishing the offense. The elements include the act (or conduct) that the defendant committed, the person’s mental state at the time of the act (mens rea), and causation between the cause and the effect (usually either proximate or but-for causation). The government must also prove each element beyond a reasonable doubt to convict the defendant. Defendants have certain constitutionally protected rights, including the right to a private lawyer or a public defender, and the right not to be forced to incriminate themselves.
After a person is arrested, they may have a preliminary hearing where a judge will review what the evidence is and whether there’s probable cause that they committed the crime. This is done in felony cases and a lot of serious misdemeanors.
During an arraignment, the judge will read the charges to the defendant and tell them what their rights are. The defendant will then be asked to enter a plea. They can plead guilty, not guilty, or no contest. Defendants can also choose to stand mute.
Once the case is ready for trial, the prosecutor will give their opening statement and call witnesses to testify. The defense attorney can question these witnesses through cross-examination. The defendant can also give their own opening statement. At the end of the trial, a jury will decide if the defendant is guilty or not. The jury must be unanimous. The judge will then sentence the defendant.
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