The Criminal Justice Process
Edith Lewis
Criminal Law & Procedure (BLJ1442A)
Agustin Pena
November 15, 2014

The Criminal Justice Process
Even though the defendant can be found guilty at his trial he, has the right to to file an appeal to see if legal errors occurred which could possibly affect the outcome of the verdict or the trial. The first step in the criminal justice process is the investigation and plea negotiations begin after the defendant is charged and a trial is set when the plea negotiations fail. The defendant has an arraignment hearing where he is allowed to enter a plea of guilty, not guilty, or no contest. In this step probable cause is established with the evidence that is gathered so that an arrest can be made.
Each state has their own way of processing felony criminal charges in a state court. They have their own procedures and rules that describe the criminal justice process for their states. The first step in the criminal justice process is the investigation. Before an arrest can be made in a crime, a crime must be committed and reported so that an investigation can be initiated.
The Criminal Justice Process, 2014 noted that, “During the investigation the investigating officer seeks to obtain a search warrant if there is enough evidence in a particular location” (The Criminal Justice Process, 2014). When the investigators submit the information to the judge, the judge decides if there is “probable cause” to issue a search warrant for that particular location. If the judge feels that there is no “probable cause” no search warrant will be issued. If there is “exigent circumstances” which is emergency conditions, no search warrant is needed. Criminal Justice Process, 2014 noted that, “Law enforcement can ask questions of the witnesses and potential suspects during the investigation as long as their constitutional rights are protected” (The Criminal Justice Process, 2014).
After all the evidence is gathered and law enforcement feels that they have enough evidence an arrest of the suspect can be made. In order for this to happen they must have probable cause. Law enforcement must believe that a crime has been committed and that the suspect that they are about to arrest has committed the crime. Before arresting the suspect they must have an arrest warrant to make the arrest. Criminal Justice Process, 2014 noted that, “Some instances when an arrest warrant is not needed is when a person commits the crime in the presence of a law enforcement officer or if the officer has probable cause that the person has committed the crime” (The Criminal Justice Process, 2014).
Criminal Justice Process, 2014 noted that, “Law enforcement can arrest a person in a public place with or without an arrest warrant” (The Criminal Justice Process, 2014). Once the suspect is arrested law enforcement has 24 to 48 hours to charge the suspect with the crime. If the person is not charged with that 24 to 48 hour time frame they can be released, depending on the state in which the suspect resides.
The criminal justice process begins when the information or the complaint is filed. Criminal Justice Process, 2014 noted that, “When charges are filed the accused can be held pending an arraignment hearing and the setting of bail” (The Criminal Justice Process, 2014). In some states a grand jury indictment is used to decide if there is probable cause. In some states the judge decides if there is probable cause to support the charges at the preliminary hearing. The complaint, information, or indictment is not proof that the accused committed the crime. It shows if there is enough evidence to prove probable cause to go to trial.
At the arraignment hearing the accused is made aware of the criminal charges that are being brought against them. The judge reads the formal charges against the accused and the accused is allowed to plead guilty, not guilty or no contest ("nolo contendere") to the charges. What happens at a felony arraignment hearing? N.D. noted that, “At the arraignment hearing the defendant is usually given a copy of the indictment against him, and is asked how he would like to plead. If the defendant has not had the chance to consult with his attorney he is encouraged not to plead guilty” (What happens at a felony arraignment hearing? N.D.).
The accused may be represented by his attorney or a court appointed attorney, per the 6th Amendment. If the defendant cannot afford to retain his own lawyer he may request a court appointed attorney at his arraignment hearing. The defendant must be present at the arraignment hearing. Bail is usually set for the accused at his first court appearance after the arrest, which is the arraignment hearing. Criminal Justice Process, 2014 noted that, “The accused is not guaranteed bail because if the judge feels that the defendant is a flight risk, or if the crime is extremely serious bail can be denied or set extremely high” (The Criminal Justice Process, 2014).
Plea negotiations begin soon after the charges have been filed between the defense attorney and the prosecutor. Criminal Justice Process, 2014 noted that, “A plea bargain is when the defendant pleads guilty to a lesser charge or to one or more of the numerous charges” (The Criminal Justice Process, 2014). The prosecutor must agree to the plea bargain agreement that the defendant agrees to plead guilty to. When the defendant agrees to the plead guilty to the agreed upon plea bargain it goes before the judge where the defendant is advised of his rights that he is giving up because of of his pleading guilty. Criminal Justice Process, 2014 noted that, “The court may also require that the defendant testify to certain facts of the crime, this is called “factual basis for the plea” (The Criminal Justice Process, 2014).
If no plea bargain is reached the criminal case goes to trial. Rights to Speedy Trial, 2014 noted that, “The 6th Amendment of the United States Constitution guarantees the criminal right to a speedy trial by an impartial jury” (Rights to Speedy Trial, 2014). The defendant can waive his right to a speedy trial in order to prepare for his defense. The defendant has the right to a The Criminal Justice Process 2014 noted that, “He can also waive the right to a trial by jury if he pleads guilty or wants a trial by a judge or bench trial” (The Criminal Justice Process).
Jurors are selected in a jury trial and the defense attorney and the prosecutor can challenge them “for cause”. This selection shows if the potential jurors can be objective when hearing the case and if they are able to decide a case. At the trial the defendant has the right to call witness and present evidence in his defense. They also have the right to cross-examine and confront the witnesses. Once the prosecution finishes presenting his evidence, closing arguments are made from both sides. The judge charges the jury and deliberations begin.
The jurors begin deliberations in secrecy. The Criminal Justice Process 2014 noted that, “Deliberations can be as long as from one minute, one hour, days, or even weeks” (The Criminal Justice Process, 2014). Once a verdict is decided upon, the jury returns to the courtroom to read the verdict to the defendant. Jurors can find a defendant guilty of all of the charges or not guilty. They can even convict him of a lesser charge than they was originally indicted on. The Criminal Justice Process 2014 noted that, “If the defendant is found not guilty the verdict cannot be overturned by a judge or prosecutor” (The Criminal Justice Process, 2014). If the defendant is found guilty he can file an appeal if he believes that an error occurred during trial or the way the conviction was obtained.
Montaldo, C. 2014 noted that, “When the defendant is convicted of a crime by the jury the defendant has the right to appeal the conviction if he believes that a legal error has occurred” (Montaldo, C. 2014). When the defendant files an appeal he becomes an appellant. If the appellant files an appeal, the appeal asks a higher court to review the records and trial proceedings to see if any legal errors occurred. If any legal errors occurred during the trial it could affect the outcome of the trial and the sentencing. An appeal mostly challenges the legal errors, if any and not the decision made by the jury.
Any rulings made at the preliminary hearing and pre-trial motions can be appealed. Some states only give the defense lawyer ten days to decide if an appeal needs to be filed. If the defense lawyer waits too long before they file an appeal, the higher courts can reject it. Both defense lawyer and the prosecution can file a written brief. In the written brief the defense outlines why why they believe the conviction contained legal errors and the prosecution outlines why he thinks the ruling was legal and appropriate.
Montaldo, C. 2014 noted that, “Appeals are filed in state or federal courts in the state that that the trial was held in” (Montaldo, C. 2014). If the appellant lose the appeal he can apply to the next highest court, which is the State Supreme Court. Montaldo, C. 2014 noted that, “If constitutional rights are involved it can be appealed to the Federal District Appeals Court and eventually on to the United States Supreme Court” (Montaldo, C. 2014). There is rarely a successful appeal. Montaldo, C. 2014 noted that, “When a criminal conviction or sentence is overturned the legal errors has to be serious enough to affect the outcome of the trial” (Montaldo, C. 2014). The first ten Amendments of the United States Constitution also known as The Bills of Rights outline the fundamental rights of individuals. It also contains the constitutional protection of criminals in the criminal justice system. The constitutional rights that are guaranteed to the criminal are covered in the 4th, 5th, 6th, and 8th Amendments of the United States Constitution. When the defendant is on trial for a crime they have the right to remain silent so as not to self-incriminate themselves according to their 5th Amendment Right. The defendant cannot be forced to speak. If he chose to remain silent the prosecutor cannot all him as a witness and the judge cannot force him to testify.
The 6th Amendment provides for the defendant to cross-examine the witnesses, this is also known as the “confrontation clause”. It also protects the defendant from hearsay statements and non-testifying witnesses. Criminal Defendant Rights 2014 noted that, “The 6th Amendment also provides for a public trial in a criminal case” (Criminal Defendant Rights, 2014). This right ensures that the trial will be conducted properly. In cases where children are involved the courtroom is closed to the public.
Criminal Defendant Rights 2014 noted that, “The 5th Amendment gives the defendant the right not to be placed in double jeopardy” (Criminal Defendant Rights, 2014). Wise Geek, 2014 noted that, “The 5th Amendment of the United States Constitution which is a part of the Bill of Rights prohibits the trying of a defendant twice for the same offense” (Wise Geek, 2014). A defendant cannot be put on trial or convicted of an alleged crime. FindLaw, 2014 noted that, “The main purpose of the double jeopardy clause is to protect the defendant from multiple trials (FindLaw, 2014). Double Jeopardy 2014 noted that, “There are exceptions to the double jeopardy clause which includes that a defendant can be tried for the same crime twice only if the elements of the crime are different” (Double Jeopardy, 2014). Another exception to this clause is that the defendant can also be tried in civil court if he caused harm to someone during the commission of the crime. If the crime occurred in a different jurisdiction, based on the same facts, and have violated both state and federal laws, the defendant can be charged twice with the same crime.
The criminal justice system is somewhat unbalanced when it comes to the incarceration and punishment of offenders. American Bar Association, 2008 noted that, “The prison system is overcrowded with offenders who have committed non-violent crimes” (American Bar Association, 2008). American Bar Association 2008 noted that, “The sentences that are given to non-violent drug offenders that are excessive” (American Bar Association, 2008). The long lengthy sentences given to these non-violent offenders should be reduced and it should be made mandatory that they attend drug and alcohol programs which could be most beneficial to them.
American Bar Association 2008 noted that, “The money that is used to house these non-violent offenders could be used to fund programs for proactive and preventive strategies, gang and drug related offenses, and alternatives to incarceration” (American Bar Association, 2008). Increased funding should be put towards the juvenile justice system and rehabilitation. Community-based programs should be effective if the prospect for some of the offender ends up with having no record once discharged. Community-based programs should be used for non-violent offenders only which could possibly reduce the recidivism rates of offenders and the number of people who are being incarcerated.
Mandatory sentencing is used as a deterrent but it is not really working. More and more offenders are committing more crimes every day. Sentencing disparities should be eliminated and sentencing should be fair. African Americans receive more time for selling crack cocaine than Caucasians. In 2007 approximately 82 percent of African Americans were sentenced under the Federal Crack Cocaine Law whereas 66 percent of Caucasians used crack cocaine.
The 8th Amendment of the United States Constitution protects against the way that a defendant is sentenced. When the defendant is sentenced the punishment must fit the crime. For example if the defendant is charged with burglary it would be considered cruel and unusual punishment if the judge sentences him to death. The crime does not justify being put to death. The 8th Amendment also prohibits excessive fines. Legal Match 2014 noted that, “If the defendant is excessively fined he must prove that the fine was imposed arbitrarily, capriciously, and grossly excessive that it was in violation of due process” (Legal Match, 2014).
Indeed while the defendant can be found guilty at his trial he, has the right to to file an appeal to see if legal errors occurred which could possibly affect the outcome of the verdict or the trial. The first step in the criminal justice process is the investigation and plea negotiations begin after the defendant is charged and a trial is set when the plea negotiations fail. The defendant has an arraignment hearing where he is allowed to enter a plea of guilty, not guilty, or no contest. In this step probable cause is established with the evidence that is gathered so that an arrest can be made.

References
Criminal Defendants' Rights: Nolo.com (2014). Retrieved November 12, 2014, from www.nolo.com/ Criminal Trials
Criminal Justice System Improvements: American Bar (2008). Retrieved November 15, 2014, from www.americanbar.org/.../2008dec_crimjustice.pdf
Double Jeopardy Lawyers: LegalMatch Law Library (2014). Retrieved November 15, 2014, from www.legalmatch.com/General Criminal Law/Criminal Sentencing
Fifth Amendment: U.S. Constitution/FindLaw (2014). Retrieved November 13, 2014, from constitution.findlaw.com/U.S. Constitution
The Appeals Process Stage of a Criminal Case (2014). Retrieved November 15, 2014, from crime.about.com/Crime/Crime and Punishment 101
The Criminal Justice Process: Lawyers.com (2014). Retrieved November 12, 2014, from criminal.lawyers.com/Criminal Law /Criminal Law Process
Right to a Speedy Jury Trial: FindLaw (2014). Retrieved November 15, 2014, from criminal.findlaw.com/Criminal Law/Criminal Rights
What happens at a felony arraignment hearing? (N.D.). Retrieved November 15, 2014, from crime-punishment.yoexpert.com/Enforcing the Law
8th Amendment Limitations on Sentencing | LegalMatch (2014). Retrieved November 15, 2014, from www.legalmatch.com/General Criminal Law/Criminal Sentencing