An Overview Of The Criminal Process

All Criminal Justice programs includes some type of foundational police-law procedural course that covers everything from the US Constitution to police procedures, to trial and conviction. This course is typically entitled "Criminal Procedure." One of the primary police-law procedures covered is entitled the "Criminal Process."

The Criminal Process is a chronological outline of the criminal justice system. The first element is detection and investigation. Police officers discover some crimes on their own; however, the majority of crimes come to light because private individuals report them to the police. Once the crime is deemed an official offense, an investigation ensues. Police officers must gather enough evidence to proceed with making an arrest and assigning the case to a special division for further investigation for possible prosecution.

If the prosecutor decides to try the case, the Criminal Process enters the stage called prosecution. The judicial part of the Criminal Process lies with the defense counsel, prosecutors, and judges. Prosecutors make the determination as to if they are going to charge the suspect. They weigh the evidence carefully before making the decision. Most prosecutors do not charge unless they are confident they can secure a conviction, which requires proof beyond a reasonable doubt.

If the chances are good for a conviction, the prosecutor will proceed to charge. The Criminal Process enters the stage that requires judicial and defense counsel participation. This is known as adjudication; it involves the all the steps of the court process, including first appearance plea, jury, verdict, and appeal.

After adjudication comes first appearance. This meeting before the judge literally takes only a few minutes for the judge to determine if the prosecutor has probable cause to detain the suspect in custody without warrants. First appearance also provides to the forum to read the charges against the defendant, appoint counsel, determination of preliminary hearing or grand jury review, and bail setting.

The trial is the highpoint of the Criminal Process. Most trials are brief, and can take any where from one to three days, including both misdemeanor and felony cases. (Complicated cases can last a few weeks or longer, but they are very rare.) Defendants have a right to a jury on all felony cases and also for misdemeanor cases that can lead to six months or more of jail time. Defendants have the choice to waive jury trail, but most do not.

Sentencing is the culmination of the Criminal Process. Following the guilty verdict or guilty plea, the judge enters a judgment of conviction, and then schedules a separate time for determining the actual prison time. Judges do have some discretion in sentences misdemeanor cases. They can choose among probation, suspended sentences, fines, and short jail time. On the other hand, felony cases offer little wiggle room for sentences, usually because of statutes that require mandatory sentences.

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