TILE LAW OF CRIMINAL. PROCEDURE. The first step toward placing one charged with crime upon trial is necessarily his arrest. (See ARREST.) After the arrest. the prisoner must be brought for examination before the magistrate, who may hold him for the action of the grand jury. or. if an indictment has already been found, nay hold him for trial before a petit jury. Pending trial the prisoner is committed to jail, unless admitted to hail. See BAIL.
The method of finally accusing one with the commission of a crime is by indictment by the grand jury, which may either precede or follow the arrest. (See “RAND :Trim) The in dictment is flue final pleading corresponding to the declaration or complaint in a civil action, \Odell sets nut all of the essential elements of the erime and all facts necessary to give the court jurisdietion to try the prisoner for the offense charged. (See INDICTMENT.) Upon the trial the indictment must he read to the accused, and hue is then given opportunity to plead to it. The pris over may demur to the indictment on the ground that it is in law insufficient in force or substance. (See DEMURRER.) He may plead in abatement, setting up any showing want of jurisdiction in the court or other reason why he should not he placed upon his trial; he may also plead a former conviction or acquittal.
If the prisoner is unsuccessful upon his de murrer or the pleas already referred to, he • must plead to the merits by a plea of either guilty or not guilty. A plea of guilty in effect admits the charge and is equivalent to a con viction after trial. A plea of not guilty puts in issue the indictment and places the prisoner upon his trial before a jury. (See JURY; PLEAD ING: TRIAL.) Upon verdict of the jury of not guilty the prisoner must be discharged. If the jury fail, to agree upon a verdict the prisoner may again be placed upon trial before a new jury, or if the verdict be guilty he must be sen tenced' to undergo whatever penalty the law pro vides for the crime. (See PUNISHMENT.) Before sentence the prisoner or his counsel may move to arrest the judgment because of some material error in the proceedings appearing on the record. or lie may move to set aside the verdict because not supported by the evidence, or because of newly discovered evidence. Upon denial of this
motion the prisoner may be sentenced. the sen tence being the judgment of the court fixing and directing the punishment of the prisoner accord ing to law.
The English common law of crime has been adopted in most of the States of the United States, with some statutory modification and ad dition. In a few States the criminal law has been codified, and it is thus in these jurisdic tions entirely statutory. The law of procedure, while substantially changed by statute in all of the States in matter of form, varies in no im portant particular from the substance of the procedure at common law which has here been outlined.
As the several States upon the formation of the Federal Union retained their jurisdiction over crime, the Federal Government has no common law jurisdiction over crime, nor can it have any statutory jurisdiction over crime except over such crimes as in some way interfere with the power delegated to it in the Constitution by the several States, including such as arise in territory sub ject to its exclusive jurisdiction. For a discus sion of the elements of a crime, of the place where a crime is punishable. and other matters affecting the liability, trial, defense, and punish ment of crime. see such topics as ATTEMPT: JEOPARDY; JUSTIFICATION; JURISDICTION; JUDG MENT; PRINCIPAL, etc.
For a discussion of particular offenses against a government, see TREASON: BRIBERY: EXTOR TION; CHAMPERTY: MAINTENANCE: BARRATRY: EMBRACERS; CONTEMPT; PERJURY: RESCUE: PRISON BREACH; AFFRAY.
For offenses against public peace and health, see AFFRAY; RIOT; FORCIBLE ENTRY; LIBEL; SLANDER; ENGROSSING; FORESTALLING.
For crimes against religion and morality, see BLASPHEMY; ADULTERY: BIGAMY; SEDUCTION; -ABDUCTION; ABORTION: FORNICATION.
For offenses against the person. see ASSAULT; BATTERY; MAYHEM; HOMICIDE; MANSLAUGHTER; MURDER; FALSE IMPRISONMENT; RAPE; ROBBERY.
For offenses against the dwelling-house, see ARSON; BURGLARS.
For offemes against property, see LARCENY; EMBEZZLEMENT: FALSE PRETENsEs; MALICIOUS MISCHIEF; RECEIVING STOLEN GOODS; FORGERY; COUNTERFEITING.
For maritime offenses, see PIRACY; BARRATRY.
Consult the authorities referred to under CRIMINAL LAW; JURISPRUDENCE; CONSTITUTIoN AL LAW; and many of the titles above referred to.