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在美国目前还没有单一的一套普遍适用的刑事司法程序。事实上,诉讼程序的适用在各州的差异更大,原因在于各州所确定的程序本身就不同,甚至在同一个州,根据被控罪行的轻重也有所不同。基于这种情况,本文集中介绍多数州普遍适用的诉讼程序。犯罪的实施许多犯罪行为警方从来就没有得到报案,因而受到调查的犯罪只是少数。警方通常得知发生犯罪是在犯罪行为发生之后。只有在极少情况下,警方才有可能在犯罪行为还没有完成之前就开始侦查。捕前侦查一旦接到有关涉嫌犯罪的信息,警方就必须确定:1.犯罪行为是否确实已经发生;2.如果已经发生,是否有充分的证据
There is currently no single set of universal criminal justice procedures in the United States. In fact, the application of the proceedings varies more across states because the procedures established by the states are themselves different, even in the same state, depending on the gravity of the charges charged. Based on this situation, this article focuses on generally applicable proceedings in most states. Enforcement of crimes Many criminal acts The police have never been reported, and the crimes investigated are only a minority. Police often know that committing an offense is after the crime has taken place. Only in rare circumstances does it make it possible for the police to start investigating before the crime is completed. Pre-capture investigation Once the information on the alleged crime is received, the police must determine: 1. Has the criminal act actually taken place; 2. If so, is there sufficient evidence