CRIMINAL PROCEDURE

p Criminal Procedure

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Exclusionary Rule : In criminal prosecution , exclusionary rule is a constitutional principle which holds that evidence obtained in violation of the constitution and the law shall be inadmissible in evidence , the purpose of which is for the preservation of judicial process and respect for the law

Arrests and Other Detentions : Arrest is the taking of a person into custody in that he may be held answerable for an offense . Under the law , no person shall be deprived of his liberty except on

valid grounds and in conformity with the procedures constituted by law

Search and Seizure : Search and seizure is a legal process where agents of the government conduct a search of a person 's property and seize evidences on suspicion that a crime has been committed . Search and seizure requires a valid search warrant , except when the right is waived or made incident to a valid arrest or under exceptional circumstances to preserve the evidence

Privilege against Self-Incrimination : The privilege against self-incrimination is a basic human right which ennobles a witness to insist not to respond to interrogatory questions or disclose information that could incriminate him in the commission of a crime . Any involuntary extraction from the witness is repugnant to the Constitution

Confessions : Confession refers to the formal acknowledgment of guilt brought forth by the defendant during custodial investigation Presumably , a signed confession is voluntary unless the accused show proof that it was extracted through intimidation or coercion

Preliminary Hearing : Preliminary hearing is a non-adversarial process conducted to determine probable cause . If the court determines there is probable cause , the prosecution may proceed , otherwise , the case will be dismissed

Bail : The bail is the security given for the temporary release of a person in custody of the law , furnished by him or a bondsman conditioned upon his appearance during trial . However , where the evidence of guilt is strong , the court may refuse to grant bail

Indictment : Indictment is one way of charging offenses in the United States . The other ways are by information or complaint . The grand jury affirms and hands the formal written accusation of a crime , the indictment , to the court for the trial of the accused . Indictment is issued by the grand jury to the accused for him to prepare for his defense

Speedy Trial : Speedy trial is one that is free from capricious and oppressive delays , the objective of which is to insure that an innocent person may be free from the anxiety and expense of court litigation or if otherwise , of having the guilt determined within the shortest possible time

Competency to Stand Trial : Competency to stand trial is part of a legal process which allows postponement of criminal proceedings on account of the defendant 's inability to take part in his defense due to mental or physical incapacity . Hearing resumes when the defendant is declared competent to stand trial

Government 's Obligation to Disclose Information : It is the duty of the government to disclose information favorable...