What happens when the defendant pleads not guilty?

What happens when the defendant pleads not guilty?

When you plead not guilty, the magistrate will give you a hearing date. At the hearing, the prosecutor will present evidence to try and show the court that you are guilty. You can also present evidence that shows you are not guilty or that you have a defence. The magistrate will then make a decision.

Who decides if a defendant is guilty or innocent?

The jury
The jury decides whether a defendant is “guilty” or “not guilty” in criminal cases, and “liable” or “not liable” in civil cases. When cases are tried before a jury, the judge still has a major role in determining which evidence may be considered by the jury.

Who determines the guilt of a defendant?

The trial is a structured process where the facts of a case are presented to a jury, and they decide if the defendant is guilty or not guilty of the charge offered. During trial, the prosecutor uses witnesses and evidence to prove to the jury that the defendant committed the crime(s).

What happens if the accused pleads guilty?

The burden to prove the guilt of the accused falls on the prosecution even when an accused pleads guilty to a capital offense. Again, the rules require the prosecution to present evidence to prove the guilt of the accused despite a guilty plea.

What does it mean to plead not guilty?

When you plead not guilty in a case, the prosecutor must prove beyond a reasonable doubt that you are, in fact, guilty. Unless they can do that, you would be acquitted of the charges. Pleading not guilty means that there must be a trial as a prerequisite to any conviction.

Who decides the verdict in a criminal trial?

the jury
In criminal cases the jury decides “guilty” or “not guilty” on the charge or charges against the defendant. In cases involving a major crime the verdict must be unanimous. In minor criminal cases, however, some states allow either a majority vote or a vote of 10 to 2.

How do you prove someone is not guilty?

Witness testimony can be used to prove innocence in two ways. First, if someone else committed the crime of which you are accused, a witness may be able to testify to seeing a person fitting a different description at the scene. Second, witness testimony can be used to establish an alibi.

Who determines the guilt in a criminal trial What about the sentence?

During a criminal trial when both sides—the defense and the State—have presented their evidence and rested their cases then it’s the jury’s job to make a determination of the defendant’s guilt or innocence based upon the evidence presented.

What is the difference between guilty not guilty and no contest?

Pleading guilty means the defendant admits that he or she committed the crime, whereas pleading no contest means that an accused accepts the conviction but avoids a factual admission of guilt.

What is a not guilty verdict called?

acquittal
A verdict of not guilty constitutes an acquittal. In other words, to find a defendant not guilty is to acquit. At trial, an acquittal occurs when the jury (or the judge if it’s a judge trial) determines that the prosecution hasn’t proved the defendant guilty beyond a reasonable doubt.