Cases Brought Forth in Criminal Courts

Criminal courts are those which are designated to hear and decide criminal matters, or those which involve offenses that are considered a threat to society. Unlike civil cases, the party which brings the criminal action is referred to as the “prosecution,” versus the “plaintiff.” Criminal offenses are further defined as either misdemeanors or felonies, and this distinction may determine the specific criminal court which exercises jurisdiction over it. This court will oversee all hearings related to charges and pleas in the case, including arraignment hearings, plea entrances by the defendant, as well as any plea bargains agreed to by the prosecution and defendant.

Parties to the Criminal Case

The “prosecutor” who brings the case to court is typically the district attorney, and the “defendant” is the accused party. Other parties involved include the judge and defense attorney. The judge administers the proceedings and final judgment in the case, unless the case is decided by a jury.

Arguments in Criminal Courts

The system utilized in criminal courts to decide the guilt or innocence of a defendant is called the “adversarial system.” This means that the two sides will present evidence and their version of the events at hand. The side which offers the most convincing evidence and version is generally ruled in favor of. The prosecution is charged with the burden of proof, or proving beyond a reasonable doubt that the defendant is guilty.

Plea Bargains

Many criminal cases are never finished in court, as plea bargains allow the prosecution and defendant to agree to specific terms outside of court. This means that in exchange for a guilty plea, the prosecution will often offer a lesser sentence or charge that will remain on the defendant’s permanent record. The court must typically approve the plea bargain, which may be in the defendant’s best interest depending upon the evidence discovered by the prosecution.

Criminal Cases and Classification

Common types of criminal cases include assault, theft, rape and murder. Charges are brought against a defendant after an investigation is conducted by legal authorities and it is determined that the evidence points to him or her as the most likely offender. The most generalized distinction between charges brought in criminal courts is either a felony or misdemeanor. Some state systems also allow for even lesser, or petty, offenses—sometimes called “infarctions.”

When determining whether an offense is a felony or misdemeanor, several factors are accounted for. Some charges are automatically considered to be a felony, such as murder. The level of damage presented by the alleged action is considered when classifying the seriousness of the charge. When crimes against property are the subject, the level of damage caused to the property will be taken into consideration.

Other factors that determine whether charges brought forth will be considered a misdemeanor or felony include whether the defendant has a criminal past, and if so what types of offenses he or she has committed and with what type of intent. The fact of whether they belong to a protected class will also affect the level of crime they are charged with. These include handicapped parties, minorities, minors and seniors. The combination of these multiple factors may cause a more serious crime to be associated with a misdemeanor charge, or a lesser crime to be considered a felony.

Information on Specific Types of Criminal Court:

Juvenile Court