Ever wondered what happens when one is arrested? Having watched it unfold on television, having a relative in the system, or simply being interested in how the criminal justice system operates, learning the process behind arrests and sentencing is important knowledge for any citizen.
Criminal justice resembles a maze of rules, words, and statutory concepts that ordinary citizens encounter only in hyperbolic print. In this step-by-step, chronological guide, every step is explained, providing you with an in-depth understanding of how cases progress through the system.
The Arrest: Where It All Begins
What Constitutes a Legal Arrest?
An arrest is when a person is detained under the custody of the law and is denied liberty of movement to face an indictment for an alleged crime. To have a lawful arrest, one of the following is normally required:
- Warrant-based arrest: An arrest warrant has been issued by a judge after examining evidence
- Probable cause: The officer reasonably believes that this individual committed a crime
- Direct observation: The officer is a witness to the crime committed
What Happens Immediately After Arrest?
The suspect usually goes through:
1. Transport to police station: The trip between the place of arrest to the local precinct
2. Booking procedure: The Administrative process involves:
- Photograph and fingerprinting
- Personal property inventory
- Primary health screening
- Verify background and criminal registry
3. Temporary holding: Holding cell in the meantime until the next steps are taken.
The Charging Decision: Will the Case Proceed?
Not all the arrests translate to charges. Upon arrest, the police pass the case to a prosecutor who determines whether to press charges or not, based on:
- Evidence strength
- Case seriousness
- Prosecution resources
- Interests of the public
- The victim says (some of those cases)
Initial Court Appearances: The Early Procedural Stages
First Appearance
This first court date is normally conducted 24-72 hours after the arrest and consists of:
- Official charging notice
- Rights advisement
- Bail determination
- Plea entry (felony defendants normally do not enter final pleas here)
- If the defendant qualifies, a public defender appointment could take place.
The Bail Decision
The court decides whether the defendant would be:
- Personally released on recognizances (no bail requirements)
- Bonded (financial security to appear back)
- Put out on conditions (supervision, travel control, etc.)
- Held on no bail (on serious cases in which risk of flight or danger to the community)
The Discovery Phase: Information Exchange
Once the charges are filed, both parties will start exchanging and obtaining evidence, which is a procedure known as discovery. This includes:
Prosecution’s Disclosure Obligations
- Police reports
- Witness statements
- Physical evidence explains
- Laboratory reports
- Witness information
- Evidence that favors the defense (Exculpatory evidence)
Defense Investigation
- Separate witness interviews
- Evidence review
- Expert consultation
- Background research
Pretrial Motions
In discovery, lawyers can make requests to the court to order the:
- Subdue illegalized evidence
- Quash the legal sufficiency of charges
- Relocate in case there is no possibility of a fair trial in the area
- Appeal to the facts that the other side has available
- Restrict testimonies on some topics
Trial: When Cases Go the Distance
Trials are needed in the small percentage of cases that fail to get solved by either dismissal or plea.
Trial Preparation
Each party spends a lot of time preparing:
- Witness preparation
- Exhibit organization
- Drafting opening/closing statement
- Jury selection strategy
- Planning of evidence
The Trial Process
- Selection of Jury (voir dire)
- Opening statements
- Prosecution case-in-chief
- First-hand testimony
- Admission of evidence
- Cross-examination by the defense is allowed.
- Motion to direct a verdict (defense insufficient evidence given)
- Defense case (when motion is denied)
- Defense witnesses
- Probable defendant testimony (unnecessary)
- Prosecution to be cross-examined
- Rebuttal evidence (answer to the defense case)
- Closing arguments
- Jury instructions
- Deliberation
- Verdict
The burden of proof is beyond a reasonable doubt, the highest burden in the legal justice system.
Sentencing: Determining the Consequences
In the event of a guilty verdict (or a guilty plea), the case is sent to sentencing.
The Pre-Sentence Investigation
Most jurisdictions ‘ probation departments create reports that include:
- Defendant background
- Analysis of criminal history
- Victim impact statements
- Needs assessment of treatment
- Sentencing recommendations
Sentencing Guidelines
Sentencing guidelines in many jurisdictions give ranges as follows:
- The severity of offenses
- Criminal history score
- Specific-factor adjustment
Judges are allowed to not follow guidelines with enough reasons.
Post-Sentencing: The Process Continues
After the sentence, various courses may open:
Direct Appeals
The appeal by the defendants can be made based on:
- Trial errors of law
- Insufficient evidence for admission/exclusion
- Improper jury instruction
- Sentencing errors
Collateral Attacks
These include:
- Habeas corpus pleas
- IAC claims
- New evidence appeals
Bottom Line
The criminal justice procedure integrates lawfulness customs hundreds of years in the making with contemporary developments to enhance fairness, efficiency, and justice. Although the system is not flawless, the better one comprehends how it functions, the better one can behave in the system in case they need to and engage in an informed debate about how it can be bettered and changed.
Keep in mind that procedures are slightly different depending on the jurisdiction, and the general process as presented in this guide serves as an overview of how it works most commonly in the majority of American courts.
