What is criminal procedure?

Criminal procedure is a set of rules and procedures that law enforcement, courts, and other legal authorities use to investigate and prosecute alleged criminal activity. In California, criminal procedure is governed by both federal and state laws, as well as local ordinances, the California Penal Code, the California Evidence Code, and the California Code of Civil Procedure. Criminal procedure begins with a law enforcement agency investigating a suspected crime. During this process, law enforcement can make arrests, conduct searches and seizures, and take witness statements and other forms of evidence to be used as proof in a criminal trial. After the investigation is complete and if there is enough evidence to warrant it, a criminal defendant can be charged with a crime and will be given the opportunity to present their defense at a subsequent criminal trial. During the trial, the prosecutor has the burden of proving the defendant’s guilt ‘beyond a reasonable doubt’. The defendant’s attorney will present the defense’s argument and can call witnesses, present evidence, and make motions to exclude any evidence which may be considered inadmissible. The judge will then make a ruling on the case, and if the defendant is found guilty, they may be sentenced to jail or prison depending on the severity of the crime and any mitigating factors.

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What is criminal procedure?

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