Thursday, 5 June 2014

Overview of the Federal Rules of Evidence and Criminal Procedure

Rules and laws have been made to strengthen the legal system so that common people receives the most accurate judgment when situation comes. Legal steps are adopted by a common civilian as the final means of receiving justice but, it’s unfortunate that people are harassed by many ways by the savior of laws itself,

I mean the Attorneys. The worse scenario is when a law abiding citizen is accused of a criminal activity and is harassed accordingly before even the accusation is proved in the Court of Law. To eliminate such calamities from the legal system Federal Rules of Evidence came into action in the year 1975.

What is the prime purpose of this FRE? Simply put, this rule was brought into action to look into the evidences so that an accurate verdict can be made by the jury members. This unique action must be acquired in all the countries where rules and laws are still in work because a judgment passed without justifying the evidences is merely a farce more so, an innocent’s life may be under stake. As the initial presentation of evidence is governed in a trial, the rules principally serve to govern federal trial courts instead of appellate courts just because of the latter’s function and scope address only few questions that touch the facts of a case. However, the appellate courts monitor the appropriate application of the rules in order to make consistent application and rational development of the Federal Rules of Evidence.

Another rule is utilized in United States to ensure the criminals are identified precisely and the prosecutions are conducted in the exact manner. Actually, so many things and factors come under this rule and the criminal procedure governs all of them. There is a phase before a case when the “rule of discovery” is applied for sake of 2 or more parties that are involved in the law of civil process to use evidences that have more to do with the situation.

Primly there are three courtroom trials where rules of criminal procedure are made use of. The first one is the magistrate courtroom where the case is heard by a district judge (in few cases) or by three magistrates. Criminal activities associated with motoring offences, drunk and disorderly offences and minimal damages as well. The Magistrate is allowed to handle some other offences as well that are not as serious to be given to the crown courtroom. Cases such as rape or murder should immediately be transferred to the crown courtroom as the magistrate courtroom doesn’t have the power that is needed to implement tough sentences to the criminals.

The Crown courtroom has for you at the second position. This deals with the serious and indictable offences such as murder. The principle difference between a Magistrate courtroom and Crown courtroom is the former features a jury who deals with much more serious issues. The rules of crown court allow appropriate amount of power to impose exact criminal sentence to the accused person.

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Enni Bay is a Professional Writer for law and Legal.
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Enni Bay
 Enni Bay
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