Understanding The Judicial Process

In the U.S., incarceration extends beyond prisons and local jails to include other systems of confinement. The U.S. and state incarceration rates in this graph include people held by these other parts of the justice system, so they may be slightly higher than the commonly reported incarceration rates that only include prisons and jails. Details on the data are available in States of Incarceration: The Global Context. We also have a version of this graph focusing on the incarceration of women.

WHAT HAPPENS WHEN YOU ARE CHARGED WITH A CRIME

STEP 1: ARREST

An arrest is the initial stage in the criminal process in which an individual accused of a crime is taken into custody. If the police officer has actually witnessed the crime or if he or she has been called to the scene and determines that probable cause exists to make an arrest, the officer may take the individual into custody. In most other cases, the officer makes the arrest pursuant to an arrest warrant issued by an appropriate party, such as a judge or a grand jury.

STEP 2: CHARGES

Following the arrest, the individual accused of the crime is held and, if not already completed, law enforcement officials compile a written report detailing the alleged offense. The report generally contains:

• General information about the circumstances that led to the alleged crime,

• Detailed information about the crime itself, and

• Statements provided by any corroborating witnesses

With this report and information in hand, the prosecution makes a determination as to whether an actual crime has been committed and whether there is probable cause to believe the person in custody is guilty of the offense. It is at this stage that the prosecution also determines the type and severity of the charges to be filed against the individual.

STEP 3: ARRAIGNMENT

As soon as possible after the arrest and determination of charges, the person accused of the crime must be brought before some court or judicial officer. Generally referred to as the arraignment, this is the defendant's first court appearance. 

During the arraignment, the charges against the defendant are read to the defendant. The court advises the defendant of his or her right to counsel and the right to remain silent during the process. The defendant is asked to enter a plea of guilty, not guilty or no contest. During the arraignment process, the court also determines the conditions of the defendant's release. In some cases, particularly when the alleged criminal activity is minor, the defendant may be released on his or her own recognizance. With more serious crimes, the court sets the amount of bail required to release the defendant.

STEP 4: PRETRIAL PROCEEDINGS

Before any actual criminal trial, the criminal process provides for a period of time during which the prosecutor and defendant - through the defendant's attorney—exchange information about the charges and alleged facts of the case. A defendant is generally entitled to know what evidence the prosecution has prior to the actual trial. While surprise witnesses and newly discovered evidence was the mainstay of Perry Mason shows, the criminal prosecution system requires an open process.
 
During this pretrial proceedings phase, the prosecution and the defendant, through counsel, file various motions, discovery requests and witness summonses. It should be remembered that many cases never actually go to a formal trial since during the pretrial proceedings phase or step, the defense and prosecution may enter into a plea agreement. If such a plea agreement is not reached, however, the court will set a trial date.

STEP 5: TRIAL

The criminal trial is the stage at which actual criminal guilt is determined. If the defendant has requested a jury trial, prospective jurors are questioned to determine if they can reach a fair and impartial verdict. After the jury is selected, each side offers an opening statement. Generally the prosecution goes first. The prosecutor gives a relatively brief overview of the crime – a general view of the evidence that should convince the jury that the defendant is guilty. The defense then offers its opposing view of the case.
 
The prosecution presents the state's case against the defendant, offering evidence in the form of witness testimony and, in some instances, actual physical evidence itself. At the close of the prosecution's evidence, the defendant offers evidence of innocence or other information that might cast doubt on guilt.
 
The court then generally instructs the jury as to the law and provides it with questions to be answered as to the guilt of the defendant. The jury retires for deliberation.

STEP 6: VERDICT

In a criminal trial, the jury must deliberate and reach a unanimous verdict. It must determine whether the defendant is guilty or not guilty. If there are multiple charges, it must render a verdict on each charge.

STEP 7: SENTENCING

If the jury finds the defendant guilty, the judge must impose some sort of appropriate punishment. While it varies from jurisdiction to jurisdiction, the judge is typically given guidelines to follow in assessing how long a sentence of imprisonment should be and what additional conditions should be placed on that sentence. Depending upon the severity of the crime, the judge may impose jail or prison time, fines, court-ordered counseling or rehabilitation, community service, restitution and probation.

STEP 8: APPEAL

A convicted defendant has a constitutional right to an appeal. That is to say the defendant has the right to have a higher court review the criminal process of the case (Steps 1 through 7) and make a determination as to whether there were legal errors of violations of rights that inappropriately affected the outcome of the case. In some cases, the appellate court can order a new trial or release the defendant altogether.