Many people do not know or understand how the criminal justice system works until they or someone they know become involved in it. Most of this misunderstanding or ignorance about the criminal justice system is based on media portrayal, but one should know and understand how the criminal justice system works. Criminal process is different from the civil process. The criminal justice system is a screening process in which each stage involves a series of routine operations whose success is based on how quickly, although not necessarily how efficient, each case passes through the stages to a conclusion. The criminal justice system is often backlogged. Some will say due to the tough on crime laws and attitudes, the criminal justice system is overwhelmed with cases, which contributes to the backlog and the inefficiency of the criminal justice system. Although each jurisdiction in each county of each state is somewhat ran differently, the overall process is similar.
Here is a look into how the criminal justice system really works.
Initial contact – This takes place when a police officer observes a criminal act by patrolling the streets or being notified by citizens or victims. Investigation – Just because the police notice or are aware that a crime has been committed they still have to investigate the crime to get accurate and relevant facts or evidence in order to identify the correct offender or suspect. Some people think the police are not doing their jobs because they don’t make an immediate arrest. However, there are proper steps to take to ensure the police have the right person and that a crime was actually committed. Poor investigative work leads to cases being dropped, the wrong person arrested, a case not pursued by the prosecutor or a conviction of an innocent person or release of a guilty person. Arrest – After a thorough investigation an arrest occurs, which is the first part of custody. The police officer takes the suspect into custody depriving them of their freedom. An arrest is legal when the officer believes there is sufficient evidence (probable cause), and the officer believes a crime has been committed by the suspect. The Miranda rights are given to the suspect during arrest. Custody – After arrest the suspect is taken down to the police station to be fingerprinted, photographed, booked (personal information taken and filed), and interrogated. The suspect has the right to have an attorney during interrogation and before saying anything to the police. Indictments/Complaint/Charging – After police turn the evidence in a case over to the prosecutor, the decision to file a complaint or an indictment to prosecute for a case to be tried against the suspect is made by the prosecutor.
Preliminary hearing/Grand Jury – Before an actual trial in a criminal case, the state or prosecutor tries to prove that his/her case has enough probable and sufficient evidence that accused committed the crime. The grand jury conducts a preliminary hearing to determine the final decision to bring a suspect to trial. The grand jury is an impartial hearing board made up of a group of citizens. In some states, the prosecutor gives the information about a case to a judge, who then makes a decision on whether or not to bring a suspect to trial. If the case is accepted as factual and sufficient information the suspect is called to stand trial for the crime. Bail or Detention – Depending on the severity of the crime, the potential or likelihood that the suspect is a flight risk or dangerous, the judge sets a bond for the suspect to pay, if they can. If they cannot pay or if the judge deems the suspect dangerous, a flight risk, or based on facts of the crime, the suspect will remain in jail. Plea-bargaining – It is a common practice for the prosecutor to make a plea bargain with the suspect based on a number of reasons. If a bargain is made there will be no trial and the suspect will likely serve less time for the crime due to a reduction in charges or a lighter sentence no matter what the crime is. Plea-bargaining is not done in all cases. Adjudication – If a plea bargain is not made or reached, a trial date is set. During this time, if not granted or bail not made, the suspect remains in jail until the trial date. There are two types of trials, one by a jury the other by a judge. It often takes longer for jury trials because there is a weeding out process by each side, defense and prosecutor (state) to find the best possible people to represent both sides. During the trial both sides produce evidence to the jury or judge hearing the case. After the trial is over, there are three outcomes that can happen: the defendant can be found not guilty, guilty, or there will be a hung jury, which happens when the jury fails to reach a decision or agree on a verdict. If there is a hung jury, the defendant can be tried again. However, if found not guilty on the specific charges brought to trial, the defendant can not be retried again due to the double jeopardy law. Disposition – After the trial, a defendant found guilty is sentenced. The sentence can be jail time, probation, community service, or a combination of all three. Post conviction remedies – After a conviction, the defendant has the right to appeal the decision if he feels he was not fairly treated by the system for a number of reasons. Most death penalty sentences are appealed and appeals against the death penalty can last up to 30 years. The defendant is not killed right away or even anytime soon while sitting on death row. Appeals can result in the defendant being released from prison. Also appeals can be overturned by higher courts, resulting in original sentences being enforced.
