The Criminal

Justice Process
Investigation

u An officer may observe a speeder on the highway or an erratic

driver who may be intoxicated and pull them over.

u A “911” call of shots fired in a neighborhood may cause police to

be dispatched to determine the cause.

u A person who has been defrauded by a con artist may call law
enforcement officers to report the crime and an investigation is
launched based on the victim’s complaint.
Search Warrant

u If investigating officers believe there’s evidence of a crime at a

particular location, they may try to get a search warrant allowing
them to search the premises. A judge reviews the
information submitted by the police and decides whether there is
“probable cause” to support it.
Interrogation

u Law enforcement officers can interrogate witnesses, and even

question potential suspects, as long as their constitutional rights are
protected
Arrest

u If law enforcement officers have probable cause to believe that a

crime has been committed and that a specific person has
committed the crime, they may arrest the person under suspicion,
taking them into custody. Officers may need to obtain a warrant
before taking a suspect into custody.

u If a person commits a felony or misdemeanor crime in the presence

of a law enforcement officer, the officer may arrest the person
without a warrant.
u An arrest may be made in a public place, with or without a warrant.
But if a law enforcement officers wish to arrest a person in a private
place, they must first obtain an arrest warrant, unless there are
“exigent circumstances,” such as the possibility that the suspect will
flee.

u Law enforcement officials have a relatively short period of time

following an arrest (24 or 48 hours, depending on the state) during
which they must either charge the person with a crime or release
them.
Complaint, Information or
Indictment
u Filing written charges, or a “complaint”, starts the criminal justice
process in motion.

u A prosecutor may also put the criminal justice process in motion by

filing written charges call an “information.”

u In the case of a complaint or information, filing charges allows law

enforcement officers to keep the accused person in custody
pending additional proceedings, such as arraignment and the
setting of bail.
u In the federal criminal justice system and in about half of the states,
defendants have the right to indictment by a grand jury.

u Other states use a procedure called a “preliminary hearing,” where

a judge considers evidence the prosecutor presents to decide
whether there is a probable cause to support the charges against
the accused person.

u In all of these cases – complaint, information or indictment – the

resulting document is merely an accusation against a person. It is
not a proof that the person committed the crime or crimes
charged.
Arraignment

u An arraignment is the formal presentation of charges in open court.

This proceeding may be called a preliminary hearing or something
else depending on the state.

u The defendant’s lawyer may be present, or an attorney appointed

by the court may represent the defendant.
Bail

u Bail is money or property that an accused person puts forth

as securtity, to make sure they’ll show up for further criminal
proceedings, including the trial and sentencing.
u cash
u bail bond

u There is no guaranteed right to a release on bail. If a judge believes

that a defendant may flee from the court’s jurisdiction or otherwise
fail to appear, or if the crime charged is extremely serious, then bail
may be denied or set at such a high figure that a defendant may
not realistically be able to post bail.
u In much less serious offenses, an individual who is well established in
the community with a job, a home, and family to support may be
released in relatively low bail. Or, a defendant may be released
without bail.
Plea Negotiations

u At any time after charges have been filed, the defendant’s lawyer
can begin negotiations with prosecutors to determine whether a
plea bargain may be possible.

u A plea bargain usually involves the defendant pleading guilty to

lesser charges than those in the complaint, indictment or
information, or a guilty plea to only one of numerous charges.

u The plea bargain may also include the prosecutor’s agreement to

recommend a particular sentence for the charges to which the
defendant agrees to plead guilty.
u Factors to consider:
u The strength of the evidence the prosecutor may present at trial.
u The potential penalties that the defendant could be subjected to if the
case went to trial and the lost.

u The information that must be revealed and the timeframe in which

the information must be provided varies from court to court.
u Information that must always be revealed is called “exculpatory
information” - information that tends to show that the defendant
isn’t guilty of the crime charged.

u If the defendant decides to plead guilty. The pleas will be taken in

open court, by a judge who advises the defendant of the rights that
are being given up by pleading guilty.

u A court may also require the defendant to recite a “factual basis for
the plea.”
Trial

u A trial must be held in a relatively speedy fashion, unless the

defendant waives the “speedy trial right” by asking for additional
time for the preparation of a defense.

u A defendant may choose a “bench trial”, a proceeding in which

the judge performs the fact-finding function of the jury.
u Factors considered when challenging potential jurors include:
u Preexisting knowledge about the case;
u Whether they have any relationship with the prosecutor or the
defendant;
u Whether they are capable of hearing and understanding the
testimony.

u At the trial, the prosecutor presents evidence in the form of witness

testimony, documentary evidence and “demonstrative evidence.”
The Verdict/Decision/Promulgation

u The judgment is promulgated by reading the judgment or sentence

in the presence of the defendant and the judge of the court who
has rendered it.

u The jurors in a criminal case retire to deliberate in secrecy, for a

minute, an hour, days, or weeks. When the jury reaches the verdict,
their finding is read to the defendant in open court.
Appeal
u Most states have a multi-level appellate system, with a middle level
appeals court hearing appeals directly from the trial courts.

u The highest level appellate courts (often, but not always, called the
“Supreme Court”) hears appeals from the middle level appeals
court.

u Often appeals from the middle level appeals courts to the highest
level court are optional, and the defendant is required to petition
for the right to appeal.

u A verdict may also be appealed due to misconduct on behalf of

the jurors. These, all must be systematic for ready utilization of all
concerned in the global community.