STANDARD ABOUT Confirmation of charges / preliminary hearing or grand jury Substantial grounds to believe the person in custody committed the crime The goal of this day (or days) in court is to ensure that innocent persons are not wrongly put on trial. Here the prosecutor summarizes the evidence he or she has against the suspect so the judge can determine whether there is enough evidence to charge the suspect with the crimes he or she is accused of. If there is enough evidence, an indictment is filed. An indictment is simply a list of the crimes the suspect is accused of committing. If there is not enough evidence, the suspect is released from custody. Trial Beyond a reasonable doubt Here the prosecution and the defense present evidence (witnesses, documents, videos, photos, expert reports, etc.) so that the judge or jury can make a decision about the guilt or innocence of the accused. Sentencing In proportion to the crime If an accused person is found guilty, then he or she appears at a sentencing hearing. The prosecutor often asks the judge to order the maximum sentence. The lawyer for the defendant typically asks for the minimum sentence. In proportion to the crime means that the penalty should reflect the crime. For example, a defendant should not get a life sentence for stealing one candy bar. When determining whether and how long to imprison someone, judges consider factors such as the seriousness and scale of the crime, the number of victims, the strength of the evidence presented in court, the circumstances of the person convicted, and the impact of the crime on the victims’ lives. Appeal Beyond a reasonable doubt If the defendant feels he or she was wrongly convicted because his or her rights were violated during the criminal justice process, evidence was wrongly considered, or other errors were made, he or she can ask a higher court to reconsider the lower court’s decision and set them free. Civil suits Varies depending on issue, but generally reasonable or substantial grounds to believe If a person is wrongly prosecuted, they can bring a case against the government that wrongly charged them and took them to trial, asking for monetary damages. WATCH THE JUSTICE PROCESS Though real courtroom work is not nearly as dramatic as we see on television, if you would like to see what happens inside a courtroom at the different stages of the process, the International Criminal Court records and uploads many of its hearings onto its YouTube Channel: www.youtube.com/user/IntlCriminalCourt 20 VIDEO AS EVIDENCE: STAGES & STANDARDS OF PROOF V 1.0 LAW STAGE