The Working Parts Of The Criminal Justice System

Inside a courtroom

From Investigation to Verdict

Before a discussion of the problems of our criminal justice system can occur it is important to have an understanding of how it works. Any discussion on this topic is further complicated by the fact that we don’t have a uniform criminal justice system. Instead we have systems for each state as well as one for the federal government. What follows is a generic outline, but there can be variations depending on where the crime was committed. This may all seem dry and boring … that is unless it is you or a loved one involved.

Once a crime is reported, typically the police will do an investigation and gather evidence. This might involve finding and interviewing witnesses and suspects, viewing footage from surveillance cameras, gathering physical evidence, forensic analysis, examining phone records, following up on tips, sometimes relying on simple hunches and more. All these findings will be turned over to a prosecutor who brings the case to trial.

When the investigation points to a likely suspect an arrest can be made and the suspect can be held for 24 to 48 hours. If no charges are made within that time period, the suspect must be released. Upon arrest a suspect can request representation by an attorney. If the suspect can’t afford an attorney they have the right to have one appointed for them.

In about half the jurisdictions a Grand Jury (5 to 23 citizens) must determine if there is probable cause that a serious crime has been committed before indictments (charges) can be handed down. Grand Juries do not rule on guilt or innocence. They only look at evidence presented by the prosecutor to determine if the case should go forward (called probable cause). In other jurisdictions a preliminary hearing is held wherein a judge will determine probable cause. Grand Juries are unique to the US and only one other country in the world.

Once formal charges are made, a court hearing is held called an arraignment. Charges are read and the defendant (suspect) enters a plea. At this time bail can be set. This is essentially a cash deposit allowing the suspect to be released from jail. If the suspect fails to appear before the judge when scheduled, the court keeps the deposit. The defendant may face contempt charges as well. Arraignments are often handled by judicial assistants called magistrates.

The next step in the process could be grouped into pre-trial deliberations. Both the prosecution and the defense will continue investigations called “discovery”. They are required to share their findings with each other. Jury selection will occur as well as pre-trial motions, and negotiations for plea bargains. Plea bargains can happen at any time before a verdict is read.

Anyone who has read or watched a legal thriller knows what a trial is. The judge serves as a sort of referee as the prosecution and defense present their cases to the jury. Witnesses and experts testify. Once the arguments are concluded the jury will examine the evidence presented and vote for either acquittal or guilt on any and all charges. The decision must be unanimous or it is considered a “hung jury” and the case is retried. If the jury can’t reach agreement in a second trial it is considered a mistrial. The defendant is not guilty but neither are they acquitted. The prosecution may decide to retry the case yet again.

If a suspect is found guilty there is often a sentencing hearing. The defense will argue for leniency by referencing the character of the convicted person. Friends, family, psychologists and other experts may testify on behalf of the convict. The prosecution will typically advocate for a harsh sentence and, just like the defense, they will bolster their reasoning with testimony from victims and their friends and family as well as experts.

Once sentenced, a person will have an opportunity for appeals which can result in new trials. In some cases new evidence may result in outright exoneration, meaning the verdict is reversed and the person is freed.

Often, the last ditch appeal is what is known as a habeas corpus petition which occurs at the federal level. It is an examination of whether the defendant’s civil rights have been violated.

At first glance our criminal justice system appears to be fair and thorough. But at almost every step of the way it can and does go wrong. In future posts I will be exploring the many ways this can happen.