Most people are familiar with all, or at least some, of the stages of criminal justice. Maybe they work in the system, maybe they or a family member have had to go through it or maybe it’s simply consuming the legal television dramas. Here is a broad overview of the entire process, from the arrest to the final verdict and beyond.
The stages of criminal justice can be most easily grasped by breaking them into 13 different components within 5 overarching categories.
- Arrest
- Bail
- Arraignment
- Grand Jury Hearing
These initial 4 steps set the stage. In arresting a suspect, the authorities either witnessed them committing the crime or have probable cause to believe who the guilty party is. Probable cause is a subjective judgment call that will be frequently tested throughout the process, so police officers have reason to proceed with prudence.
A court hearing in front of a judge is where bail and arraignment take place. In setting a dollar amount of bail, the judge must consider the gravity of the offense, the potential threat to the community and the reliability of the defendant to stay put and appear for their court appearance.
At this same time, the arraignment takes place, where the list of charges filed against the defendant is formally read to the court and the defendant announces their plea of “guilty” or “not guilty.”
We’re still not ready to go to trial. A grand jury will determine if probable cause truly does exist. Both sides present their evidence, but it must be noted that the prosecution has a low bar to reach at this stage. They don’t need to prove guilt, only that there is enough evidence on their side to justify a trial.
It is in these early stages that the majority of criminal cases end with a plea bargain, where the accused will plead guilty to a lesser charge.
- Jury Selection
- Motions
If the case clears the first 4 hurdles, it’s time to take the next 2 steps, which prepare for the trial. Both the prosecution and the defense collaborate in the selection of the jury. Prospective jurors are summoned. Each side can then start eliminating prospects. Anything that suggests a bias towards either side is a reason for a potential juror to be dismissed. Each side also gets a limited number of peremptory challenges, which can be used for virtually any reason, save bias on race, ethnicity or gender.
The motions are a crucial part of the legal gamesmanship between the attorneys, with each side seeking to control what evidence the jury will be allowed to see. If police illegally obtained evidence—by conducting a search without a warrant for example—this is the part of the process where that evidence can be eliminated.
- Opening Statement
- Prosecution’s Case
- Defendant’s Case
These 3 parts are the core of the trial itself. Each side is able to present its witnesses and evidence. Probable cause can continue to be tested. After the prosecution’s case, the defense can make an appeal for a directed verdict—which is essentially the judge throwing the case out for lack of probable cause.
- Closing Arguments
- Jury Verdict
It’s all on the line here. Our court system is geared to protect the defendants, so the defense lawyer is able to get the last word. And the jury must conclude that the prosecution proved its case beyond a reasonable doubt if they are to convict.
- Motions
- Appeal
After the verdict, motions can be filed. A common example would be a convicted defendant filing a motion for a new trial. If that fails, the next step is to appeal, which sends the case to an appellate court. It’s important to note that the appellate court cannot start an entirely new trial. The judge may only determine if the law was correctly applied in the first trial.