Imagine stabbing someone with this knife.
It would instantly cauterize the would, so the person wouldn’t bleed, so it’s not very useful.
if you want information it is
and above, in order, we see a gryffindor, a ravenclaw, and a slytherin
why would you stab a PERSON when you can have TOAST?
There’s the hufflepuff
NOOOOO! ITS A LIGHT SABER!!!! PLEASE!!!! GIVE IT TO ME!!! Star wars.
30 Day Movie Challenge Day 7: Favorite Comedy
crowley-rex-inferni asked: First of all, this blog is treasure <3 And now with my problem, I want to write a story which takes place in America but I’m from Europe so I’m doing endless researches. But I have difficulties with american law, especially how criminals are sentenced, how their trial in court looks like. Do you know any websites that show the subject in easy form and normal language without legal terminology? My English isn’t that good :P Any answer will help me, thanks!
Wow, thank you! That is very sweet of you to say. :) <3
I couldn’t find any sites without at least some legal terminology, so I’ll give you a run down here and then I can define the terms for you. :) Quick FYI: the process can differ slightly from district to district, so this is a general overview. You may want to double-check the procedure in the specific state where your story takes place.
How Criminal Trials Work in the United States
Step One: The Arrest
- person is taken to jail and booked into custody, which includes having a mug shot and fingerprints taken, and being questioned about the incident.
- if charges are filed by the prosecutor, the person is held in custody until their arraignment hearing, which must occur within 48 hours of booking.
Step Two: The Arraignment
- the defendant is brought before the judge who will read the charges, read the defendant’s constitutional rights, and state that a lawyer will be appointed by the court, free of charge, if they don’t provide their own lawyer.
- the defendant answers the charges by entering a plea: guilty (admission of guilt), not guilty (denial of guilt), no contest (not an admission but not a denial.)
- if the plea is guilty or no contest, the defendant will be returned to custody pending a sentencing hearing.
- if the plea is not guilty, the case will go to trial at a later date. In the meantime, depending on the charges, the judge may release the defendant on their own “recognizance,” meaning that they promise to return to court when summoned. In some cases the judge may set bail, which is a large amount of money the defendant has to put up if they want to await their trial at home. It’s basically collateral (a promise) that they will return to court when summoned. If bail is set, the defendant is returned to their cell until they’re able to arrange for bail to be posted, at which time they will be released, promising to return for their trial. If they can’t post bail, they will remain in custody.
Step Three: Pre-Trial Stage
- the prosecution and defense will meet to discuss the case. Each side has to share information about evidence, witnesses, and any other important information. Some of this will not be shared with the defendant. Witness identities will be protected.
- if the defense feels there is enough evidence to convict their client, they may advise them to change their plea in hopes of obtaining a lighter sentence.
- if the defense feels there isn’t enough evidence to convict their client, they may file a motion with the judge to dismiss the case.
- motions can be filed by both the defense and the prosecution. They may ask for certain evidence to be admissible or thrown out, they may ask for an extension of planning time, or they might ask for a change of venue (trial location) in high profile cases.
- in misdemeanor (minor crime) cases, both sides may meet with a judge in order to discuss settling in order to avoid going to trial.
- if a felony (serious crime) case is not dismissed and does not settle, there will be a preliminary hearing at which point the judge will decide if there is enough evidence to proceed. If not, the case may be dismissed. If so, the defendant will be arraigned a second time based on the specific felony charges against them.
Step Four: The Trial
- the defendant and defense (and sometimes prosecution) have a say in whether or not the trial is decided by a jury or a judge.
- in a trial by judge, the evidence will be presented to a judge and the judge will decide the verdict and sentence.
- in a trial by jury, the evidence will be presented to a jury—pre-selected by both the prosecution and defense—who will decide the verdict.
- both sides will present an opening argument to introduce the jury to their side of the case.
- both sides will present evidence and witness testimony in an effort to sway the jury. It is up to the prosecution to convince the jury of the defendant’s guilt, beyond a shadow of a doubt. Both sides will have the opportunity to cross-examine witnesses and refute evidence presented by the other side.
- both sides will present a closing argument in an effort to seal the opinion of the jury. The jury will be dismissed to deliberate the verdict. This may take hours or even days.
- when the jury returns, they will read the verdict. If the defendant is found innocent, it means the jury was convinced (beyond a shadow of a doubt) that the defendant did not commit the crime. They will be released immediately and the arrest and charges will be dropped from their record. If the defendant is found not guilty, it means the jury was not fully convinced of their innocence, but were not convinced (beyond a shadow of a doubt) of their guilt. The defendant will be acquitted, meaning not guilty but not quite innocent, and they will be released, but the arrest and acquittal will remain on their record. If the defendant is found guilty, it means the jury was convinced (beyond a shadow of a doubt) that the defendant committed the crime.
- after a guilty verdict is read, the judge will decide on the sentence depending upon the seriousness of the crime, the evidence presented, and any other considerations. In the case of a minor crime, the criminal may be released on “time served,” meaning they fulfilled the sentence while in custody for the trial. They may also be required to pay fines, do community service, and attend a treatment program. For more serious crimes, they may have more jail time or may be sent to prison.
- the criminal and defense may choose to file an appeal, meaning that they dispute the verdict based on insufficient evidence or legal error. In this case, the facts of the case will be reviewed by an appellate court who will decide whether or not to reverse the decision.
Okay, I hope that was a fairly accurate rundown of the process. I’m not a legal person, though, so if you are and spot a mistake, let me know. :)
Here are a bunch of resources:
How Criminal Cases Work
What Happens When a Person is Charged with a Crime?
Adult Criminal Procedure Flowchart
Criminal Trial Procedure
Criminal Trial Overview
The Felony Case Process
What Happens After a Felony Conviction
Criminal Law Appeals - Basics
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Revamping My OC witch for an indie…