Judicial Branch Notes SSCG14c

Describe the steps in the criminal justice process.

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SSCG14(c)

c. Analyze the procedures in the criminal
justice process.

STEPS IN THE CRIMINAL JUSTICE PROCESS

1. Investigation –

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

2. Arrest –

when police take a suspect into custody until he can be brought before the court. There must have probable cause for a suspect to be arrested.

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3. Indictment –

a formal charge brought by a grand jury or filed by a prosecutor.
Required for capital offenses.
Grand jury only hears evidence presented by the prosecutor to
determine whether there is sufficient evidence to charge the
defendant.

4. Arraignment –

A judge conducts arraignments before trial.
Defendant makes his or her plea.
The most common pleas are guilty or not guilty.

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5. Bail –

Depending on the crime, a judge can grant bail.
Bail is money or property that a defendant puts forth as security to make sure they will show up for further criminal proceedings such as trial and sentencing.
If the crime is serious or if the judge believes the defendant may flee out of court’s jurisdiction, bail may be denied or set so high to make it impossible to post bail.

6. Plea bargain –

defendant pleading guilty to a lesser charge, fewer charges than originally charged with, or a reduced sentence.
It helps both the prosecution and defense avoid a potentially long, expensive trial.

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7. Trial –

Held before a judge or a jury.
Defendant has choice: trial by a jury of peers or before a judge alone (bench trial).
Evidence is presented by both the prosecution and the defense.

8. Verdict –

decision of guilt or not guilty.
If a defendant is found guilty, it must be ‘beyond a reasonable doubt (100% certain).
If there are multiple charges, the judge or jury may find the defendant guilty on all or some of the charges or may find the defendant guilty of a lesser charge.

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9. Sentencing

Punishment if found guilty and determined by the judge.
Examples:

a fine
community service
probation
period of incarceration in jail or prison
or combination of all

10. Appeal –

A request to have another court review the actions of a lower court. A defendant found guilty of charges has the right to appeal the verdict to an
appellate court.

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SSCG14(c)