Criminal procedure

Criminal procedure is the body of rules governing how authorities investigate, prosecute, adjudicate, and punish alleged crimes. It regulates state power while protecting the rights of accused people.

Search and seizure: Search and seizure law governs when authorities may inspect people or property and take evidence. It sets limits on how investigators gather physical and digital evidence.
Presumption of innocence: The presumption of innocence requires that an accused person be treated as not guilty unless guilt is lawfully established. It shapes how burdens of proof and pretrial treatment are allocated.
Adversarial system: An adversarial system assigns opposing parties to present evidence and arguments before a neutral decision-maker. It contrasts with systems where judges take a more active role in investigating cases.
Exclusionary rule: The exclusionary rule bars certain unlawfully obtained evidence from use in criminal proceedings. It can prevent investigative misconduct from strengthening the prosecution’s case.
Arrest: An arrest is the legal seizure of a person suspected of an offense, restricting their freedom of movement. It marks a major transition from investigation to formal state control of a suspect.
Burden of proof: The burden of proof is the obligation to establish a claim or allegation to a required level of certainty. Criminal procedure assigns the prosecution the task of proving guilt.
Inquisitorial system: An inquisitorial system gives judicial authorities an active role in investigating facts and developing a criminal case. It offers a contrasting model for organizing investigation and adjudication.
Wrongful conviction: A wrongful conviction is a criminal judgment that mistakenly finds an innocent person guilty. Procedural safeguards aim to reduce errors that produce unjust convictions.
Bail: Bail is the conditional release of an accused person while a criminal case is pending. It determines whether accused people remain detained before adjudication.
Beyond a reasonable doubt: Beyond a reasonable doubt is the high standard of proof required for criminal conviction in many legal systems. It defines the level of certainty required before a criminal judgment of guilt.

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