What is criminal procedure?
Criminal procedure is the set of laws that govern how criminal cases are handled by the court system in Maryland. It dictates how arrests, investigations, pretrial proceedings, trials, and appeals are conducted. Criminal procedure is different from criminal law, which outlines prohibitions and punishments for particular crimes. Criminal procedure begins with an arrest, which must be made in accordance with the Fourth Amendment protections of people from unreasonable searches and seizures. If a valid arrest is made, then the prosecution has the burden of proving the case beyond a reasonable doubt. There are also certain due process rights that must be followed throughout a criminal prosecution, such as the right to an attorney, the right to confront witnesses, and the right to a fair and impartial jury. The trial process typically consists of several stages, such as jury selection, opening statements, presenting evidence and witnesses, closing arguments, and jury instructions. After the jury or judge renders a verdict, the defendant can appeal the decision if they feel the court did not follow the appropriate rules of procedure. In Maryland, appeals must be filed within 30 days of conviction. Overall, criminal procedure is an essential element of the criminal justice system and is important for ensuring the rights of both the accused and victims are protected.
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