How does it go about? is there a jury? Does the prosevutor take the stand for a minor, or do the parents need to hire an attorney? What kind of questions are asked?
2006-06-19 18:31:29 · 2 answers · asked by niyawolf 2 in Politics & Government ➔ Law & Ethics
If a minor reports statutory rape to the police, do they automatically arrest the suspect? And do they press charges ? Or do the minor's relatives need to do that? If so, so they need to hire a lawyer? Or is this a case of "the state of CA against the suspect"?
2006-06-19 18:53:28 · update #1
Every case is unique, but the general procedures are like any criminal trial. The case is called, the charges are read and the defendant enters a plea. A jury is empaneled unless the defendant waived the right to a jury trial. Both sides present their opening statements. The prosecution presents its case along with any witnesses. The defense cross-examines the witnesses. The defense presents its defense. The prosecution crosses the defense witnesses. Motions are dealt with as the matters arise. Both sides present their closing arguments and it goes to the jury. The jury deliberates and renders it's verdict. The verdict is read and the defendant is either scheculed for sentencing if found guilty or released if found not guilty.
A guardian ad-litem may be appointed by the court to protect the rights and interests of the minor.
Attorneys involved in a case rarely take the stand, they're there to try the case or represent the defendant. They're not witnesses.
The specific questions asked by either side depend upon the facts and circumstances. Again, every case is unique. The minor (victim) may or may not need to take the stand.
2006-06-19 18:45:02 · answer #1 · answered by Bostonian In MO 7 · 3⤊ 0⤋
These are all questions you can take to the district attorney. They would be happy to answer your questions. Unless, of course, you're the defendant; then you should talk to your lawyer.
2006-06-20 01:37:33 · answer #2 · answered by Anonymous · 0⤊ 0⤋