Criminal Justice Process

The Criminal Justice Process

The Criminal Justice Process

• This is purely educational.

• Please do not take this as specific legal advice. Your teacher is NOT a lawyer and does not have a law degree!

Step #1: Arrest

• An arrest is when police take a suspect into custody until he or she can be brought before the court. There must be probable cause for a suspect to be arrested. 

• If you are arrested, remember your rights! (Think Miranda!)

Step #1: Arres

Step #2: Investigation

• Police investigate a crime to gather evidence to identify a suspect and support an arrest.

Step 3: Charges

• An indictment is a formal charge brought by a grand jury or filed by a prosecutor. An indictment is required for capital offenses.

• The grand jury only hears evidence presented by the prosecutor.

• The grand jury determines whether there is sufficient evidence to formally charge the defendant.

Multiple Select

What are your Miranda Rights? (Check all that apply)

• Right to choose arresting officer

• Right to remain silent

• Right to a lawyer

• Right to remove one piece of evidence

Step #4: Preliminary Hearing

• The accused and their defense counsel will make a brief appearance before a judge where a determination will be made as to whether or not the case should move forward to a trial.

Step 5: Indictment/Plea Bargains

• An indictment, formal charges are brought against a defendant.

• Plea bargains usually involve the defendant pleading guilty to a lesser charge, fewer charges than originally charged with in an indictment, or a reduced statement.

• Plea bargaining helps both the prosecution and defense avoid a potentially long, expensive trial. 

Step 6: Arraignment

• A judge conducts arraignments; this occurs before trial.

• The defendant makes his or her plea. The most common pleas are guilty or not guilty.

Multiple Choice

The purpose of arraignment is to?

• Enter a plea

• Argue with the prosecution

• Hold a trial

• Do the hokey pokey

Step 7: Trial

• A trial is held before a judge or a jury. The defendant has the choice whether he or she wants a trial by a jury of peers or before a judge alone, called a bench trial.

• Evidence is presented by both the prosecution and the defense

Step 8: Jury Deliberates/Verdict

• The verdict is a decision of guilt or innocence. 

• If a defendant is found guilty, it must be ‘beyond a reasonable doubt’, meaning that the judge or jury is 100% certain that the evidence supports a verdict of guilty.

Multiple Choice

If you are convicted of a crime and you keep appealing, which court is your last chance?

• US Court of Appeals

• US District Court

• US Supreme Court

• Municipal Court