Criminal litigation is a trial brought by the state against an individual, distinct from civil litigation. Due process guarantees a fair trial with a jury of peers. Only a prosecutor can initiate a criminal trial after demonstrating probable cause and obtaining an indictment. The prosecutor must prove all elements of the crime beyond a reasonable doubt, while the defendant has potential defenses available.
Criminal litigation refers to a trial in criminal court. Criminal litigation is distinct from civil litigation in most countries. Civil litigation is a private lawsuit between two parties, while criminal litigation is a lawsuit brought by the state against an individual.
Under the Due Process Clause of the United States Constitution, individuals cannot be deprived of life, liberty, or the pursuit of happiness without due process provided by law. A fair and just trial with a jury of peers is part of due process and is also guaranteed by the Sixth Amendment. According to these rules, a person cannot be subjected to punishment without first initiating a criminal case.
Only an authorized government official, a prosecutor, can initiate a criminal trial. This distinguishes a criminal trial from a civil suit, where one party may sue another party for breach of a legal duty. While some actions and behaviors can give rise to both criminal and civil litigation, the criminal trial must always be kept separate from the civil trial.
A prosecutor can only bring criminal charges after going through the proper legal channels to ensure that the charges are appropriate. The process varies by jurisdiction. In the United States, a prosecutor must demonstrate probable cause to bring a criminal charge against an individual and then must obtain an indictment, proving he has sufficient evidence that the defendant has breached a legal obligation, to bring the person in judgment.
After an indictment and an arrest, a criminal trial normally takes place. During the trial, the prosecutor has the burden of proving that the defendant has broken a law. Criminal trials require the highest standard of proof, meaning that the prosecutor must prove all elements of the crime beyond a reasonable doubt.
The defendant has a number of potential defenses available to him in a criminal trial. He may attempt to introduce a reasonable doubt about one or more elements of the offence, for example by demonstrating that he did not have the required intent or that he did not commit the unlawful acts. He can also introduce affirmative defenses, such as self-defense.
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