I described the process earlier by which a criminal prosecution commences. Often people say to me oh i admitted it in the police station so i have to plead guilty. Its like they think that the court and the police station are somehow connected and that the police station is part of the court process. It is important to realize that the police are part of the executive branch of government and the courts are part of the judicial branch of government. The police investigate alleged crimes they do not decide whether a crime is or has been committed that is the function of the courts. When you go to court the fact that you may have confessed to the police is evidence put to the court by the police but it does not determine the matter. It is the judge who makes the decision on whether a crime ahs been committed. For instance someone may have made a false confession and a judge may not believe the confession the police have no power to make decisions regarding guilt or innocence in court. That is done by a judge or a jury.
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