Criminal charge in the context of "Arraignment"

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⭐ Core Definition: Criminal charge

A criminal charge is a formal accusation made by a governmental authority (usually a public prosecutor or the police) asserting that somebody has committed a crime. A charging document, which contains one or more criminal charges or counts, can take several forms, including:

The charging document is what generally starts a criminal case in court. But the procedure by which somebody is charged with a crime and what happens when somebody has been charged varies from country to country and even sometimes within a country.

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Criminal charge in the context of Arrest

An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questioned further or charged. An arrest is a procedure in a criminal justice system, sometimes it is also done after a court warrant for the arrest.

Police and various other officers have powers of arrest. In some places, a citizen's arrest is permitted; for example in England and Wales, any person can arrest "anyone whom he has reasonable grounds for suspecting to be committing, have committed or be guilty of committing an indictable offence", although certain conditions must be met before taking such action. Similar powers exist in France, Italy, Germany, Austria and Switzerland if a person is caught in an act of crime and not willing or able to produce valid ID.

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Criminal charge in the context of Criminal procedure

Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure.

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Criminal charge in the context of Unlawful killing

In English law, Irish law and Northern Irish law, unlawful killing is a verdict that can be returned by an inquest in England and Wales and Ireland when someone has been killed by one or more unknown persons. The verdict means that the killing was done without lawful excuse and in breach of criminal law. This includes murder, manslaughter, infanticide and causing death by dangerous driving. A verdict of unlawful killing generally leads to a police investigation, with the aim of gathering sufficient evidence to identify, charge and prosecute those responsible.

The inquest does not normally name any individual person as responsible. In R (on the application of Maughan) v Her Majesty's Senior Coroner for Oxfordshire the Supreme Court clarified that the standard of proof for suicide and unlawful killing in an inquest is the civil standard of the balance of probabilities and not the criminal standard of beyond reasonable doubt.

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Criminal charge in the context of Plea

In law, a plea is a defendant's response to a criminal charge. A defendant may plead guilty or not guilty. Depending on jurisdiction, additional pleas may be available, including nolo contendere (no contest), no case to answer (in the United Kingdom), or an Alford plea (in the United States).

Under common law systems, a defendant who pleads guilty will be convicted if the court accepts the plea. The court will then determine and impose a sentence. Plea bargaining involves discussions between the prosecutor and defendants to reach an agreement for a guilty plea in exchange for a more lenient punishment.

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Criminal charge in the context of Remand (detention)

Pre-trial detention, also known as jail, preventive detention, provisional detention, or remand, is the process of detaining a person until their trial after they have been arrested and charged with an offence. A person who is on remand is held in a jail, prison or detention centre or held under house arrest. Varying terminology is used, especially from country to country; the term "remand" is generally used in common law jurisdictions and "preventive detention" elsewhere. In the United States, "remand" is rare except in official documents, and "jail" is the most commonly used term. Detention before charge is commonly referred to as custody and continued detention after conviction is referred to as imprisonment.

Because imprisonment without trial is contrary to the presumption of innocence, pre-trial detention in liberal democracies is usually subject to safeguards and restrictions. Typically, a suspect will be remanded only if it is likely that they could commit a serious crime, interfere with the investigation, or fail to come to the trial. In the majority of court cases, the suspect will not be in detention while awaiting trial, often with restrictions such as bail.

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Criminal charge in the context of Internment camps

Internment is the imprisonment of people, commonly in large groups, without charges or intent to file charges. The term is especially used for the confinement "of enemy citizens in wartime or of terrorism suspects". Thus, while it can simply mean imprisonment, it tends to refer to preventive confinement rather than confinement after having been convicted of some crime. Use of these terms is subject to debate and political sensitivities. The word internment is also occasionally used to describe a neutral country's practice of detaining belligerent armed forces and equipment on its territory during times of war, under the Hague Convention of 1907.

Interned persons may be held in prisons or in facilities known as internment camps or concentration camps. The term concentration camp originates from the Spanish–Cuban Ten Years' War when Spanish forces detained Cuban civilians in camps in order to more easily combat guerrilla forces. Over the following decades the British during the Second Boer War and the Americans during the Philippine–American War also used concentration camps.

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Criminal charge in the context of Child abuse

Child abuse (also called child endangerment or child maltreatment) is physical, sexual, emotional and/or psychological maltreatment or neglect of a child, especially by a parent or a caregiver. Child abuse may include any act or failure to act by a parent or a caregiver that results in actual or potential wrongful harm to a child and can occur in a child's home, or in organizations, schools, or communities the child interacts with.

Different jurisdictions have different requirements for mandatory reporting and have developed different definitions of what constitutes child abuse, and therefore have different criteria to remove children from their families or to prosecute a criminal charge.

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