Criminal Justice Process

Types of Crime A. Most crimes committed in the United States break state laws; each state has its own penal code, or written laws that spell out crimes and punishments. B. Crimes may be petty offenses, minor, like illegal parking (ticket or citation) misdemeanors, more serious crimes like vandalism (fine or jail sentence less than 1 yr.) Felonies, serious criminal acts like murder, robbery, or kidnapping. (jail for a year or more, death penalty, loss of civil rights, loss of employment opportunities)

Types of Crime

Steps in Criminal Cases A. The prosecutor, or government lawyer responsible for bringing a criminal charge, must prove beyond a reasonable doubt to a judge or jury that the defendant violated the law. B. Criminal cases begin when police gather enough evidence to convince a judge to issue an arrest warrant. C. The arrested person is taken to a police station, the charges are recorded, and the suspect may be fingerprinted and photographed.

Steps in Criminal Cases D. The arrested person is brought before a judge as quickly as possible to be formally charged with a crime; if the case is a misdemeanor, the person may plead guilty or not guilty. E. Cases may then go to a grand jury, which determines whether there is enough evidence to put the accused person on trial, or to a preliminary hearing before a judge for the same purpose.

Steps in Criminal Cases F. At this point, about 90 percent of criminal cases end in a guilty plea in which the accused pleads guilty to a lesser crime in return for the government’s not prosecuting the more serious original crime (plea bargaining). G. After a grand jury indictment or a preliminary hearing, a judge reads the formal charge at an arraignment held in an open courtroom; the defendant may plead not guilty, not guilty by reason of insanity, guilty, or no contest.

Steps in Criminal Cases H. In felony cases, the defendant may choose between a jury trial and a bench trial heard by a judge. I. Jurors listen as witnesses are called and the evidence is presented. J. In jury trials, the presiding judge instructs the jury on proper legal procedures and explains the law. The jury goes to a jury room to review the evidence and reach a decision. To reach a guilty verdict, the jury must find the evidence convincing beyond a reasonable doubt.

Steps in Criminal Cases K. If the jury’s verdict is “not guilty,” the defendant is released immediately. If the jury’s verdict is “guilty,” the judge usually determines the sentence.

Checking for Understanding 3. Identify Sixth Amendment, Fifth Amendment. The Sixth Amendment guarantees that defendants should not have to wait a long time before their trial starts. The Fifth Amendment guarantees that defendants do not have to testify, and refusal to testify cannot be taken as an admission of guilt.