Criminal Trial: Criminal Law Basics
In the criminal law of the US, trials proceed according to the common law system, inherited from the British, which is adversarial and accusatory in nature.3 min read
Criminal Trial
In the criminal law of the United States, trials proceed according to the common law system, inherited from the British, which is adversarial and accusatory in nature. An open contest is held between the prosecuting state and the defending individual to determine guilt or innocence according to the law of the land, with the judge acting a neutral arbitrator, sometimes with the help of a jury to determine the facts. This is in contrast to the inquisitorial civil law system, descended from ancient Roman Law, in which the judge takes an active roll in determining the evidence to support a case.
In the United States, the burden of proof is placed on the prosecution, and every defendant is entitled to the presumption of innocence.