In the United States, there are two types of laws that are meant to punish wrongdoing or compensate victims of bad acts. The two types of laws are civil law and criminal law. Civil law addresses behaviors, actions, or inactions of individuals that cause some sort of injury to another individual. Penalties for any parties found liable for these acts are generally monetary in nature, but can also include court-ordered remedies such as injunctions or restraining orders.
Criminal law addresses behaviors that are considered to be an offense against society, the state, or public. Criminal penalties generally include criminal fines, imprisonment, or a combination of both. Importantly, an accused person has the right to a trial, as well as certain other legal protections, regardless of whether they are being charged with a serious crime or a minor crime.
What Is Criminal Procedure?
Criminal procedure refers to the overall legal process of adjudicating criminal claims for individuals that are accused of violating criminal laws. The overall idea behind all criminal procedures is based on the “presumption of innocence.” Presumption of innocence means that a suspect is innocent until proven guilty.
Because of an individual’s presumption of innocence, the burden of proof is on the state prosecution to prove beyond a reasonable doubt that the defendant actually committed the crime for which they are being accused of committing. Although criminal procedures vary from state to state, at the federal level, criminal procedures include a variety of Constitutional protections for defendants which are intended to prevent abuses of the justice system.
Examples of Constitutional protections for individuals accused of a crime include, but are not limited to:
- Fourth Amendment Rights: Fourth Amendment rights include the right for individuals to be free from illegal search and seizure. It also includes provisions involving the execution of search warrants;
- Fifth Amendment Rights: Fifth amendment rights include due process rights, the right to remain silent, Miranda rights, and the right against double jeopardy;
- Sixth Amendment Rights: Sixth amendment rights include the right to a speedy trial, the right to an impartial jury, the right to assistance of counsel, the right to confront witnesses, the right to be informed of the charges being brought against you, including the punishments, and the right to compel witnesses to appear in criminal court;
- Eighth Amendment Rights: Eighth amendment rights include rights involving setting bail and limitations on sentencing, especially prohibitions on cruel and unusual punishments; and
- Fourteenth Amendment Rights: Fourteenth amendment rights include several additional rights concerning due process rights.
The entirety of criminal procedure may be better understood as a timeline, which begins with the accusation and apprehension of an individual suspected of a crime and ends with a final verdict, appeal, or dismissal of criminal charges. Additionally, criminal procedural guidelines will also govern other after trial matters, such as probation or parole. All of the stages in the criminal process may be categorized under three broad categories: pre-trial, trial, and post-trial.
What Are the Pre Trial Stages of a Criminal Case?
Once again, most criminal cases consist of a number of different criminal procedure phases, from the initial arrest to sentencing and possible appeal. The following is a general overview of the pre-trial phase of a criminal case:
- Arrest: An arrest occurs when a person is taken into police custody, and is no longer free to leave or move about as they wish. Importantly, physical restraint such as handcuffs is not necessary to constitute an arrest. The only action that is required to constitute an arrest is the exercise of police authority over a person. There are two instances in which an arrest can typically occur:
- When a police officer has seen the person commit a crime; or
- When a police officer has probable cause to believe that a person has already committed or is going to commit a crime;
- Booking: After an individual is arrested, they will then typically be brought to the police station and “booked.” The booking process includes gathering personal information from the suspect, such as taking their fingerprints and confiscating any personal property that the suspect may have on them. After an individual is booked, the suspect is then placed into a holding cell or released;
- Bail: Bail is the legal term that is used to describe money that is paid by an arrested individual in exchange for their release from police custody. If the suspect is allowed to post bail and successfully does so, the suspect will agree to appear in court for all scheduled proceedings as a condition of this release;
- Arraignment: The arraignment is the first actual court proceeding in a criminal case. At an arraignment, the judge reads the criminal charges against the person, and asks them if they have an attorney. The judge will also ask the accused to enter their plea. Pleas are typically guilty, not guilty, or no contest. Future proceedings may also be scheduled during the arraignment;
- Plea Bargain: The next stage in the criminal process is the plea bargain. A considerable number of criminal cases typically end at this stage, as the defendant may agree to plead guilty. Alternatively, the defendant may plead guilty in exchange for a lesser punishment than they would receive if they were found guilty in a trial. If a defendant is charged with multiple offenses, they can also sometimes plead guilty to only one of the offenses, in exchange for the prosecution agreeing to drop the other charges in response; and
- Preliminary Hearing: After the arraignment, if no plea bargain is entered, a preliminary hearing will be held. At this point in the criminal procedure, the judge will consider the prosecution’s evidence and determine whether or not there is sufficient evidence to charge the defendant with the crime they are accused of.
What Is the Trial Stage of a Criminal Case?
In the criminal trial stage of a criminal case, the trier of fact will determine whether the defendant has committed the crime. Once again, the standard that is used in criminal cases is “beyond a reasonable doubt.” This means that there can be no reasonable doubt in the judge or jurors’ minds that the defendant committed the crime.
The trial stage of a criminal case can be broken down into the following phases:
- Jury Selection: First, a pool of potential jurors will be gathered and asked a number of questions. The prosecution and defense will then each choose to exclude a certain number of people from the jury, and select the appropriate number of jurors to preside over the case;
- Opening Statements: Once the trial begins, each side will present an overview of the case from their perspective. The prosecution will typically go first, followed by the defense;
- Witness Testimony: After opening statements, each side will then call its witnesses and ask them questions about the case and/or the defendant. The prosecution will first call their witnesses, who can then be cross examined by the defense. Next, the defense will then call their witnesses, who can then be cross examined by the prosecution;
- Closing Arguments: After all of the witness testimony, the prosecution, and then the defense, will each make a brief statement which summarizes their side of the case;
- Jury Instruction: After closing statements, the judge will explain to the jurors the elements of the crime that the defendant was charged with, as well as the legal standard that the jurors must apply when determining whether the defendant is guilty or not guilty of committing that crime; and
- Verdict: Finally, the jury will consider the evidence that was presented, apply the proper legal standard and decide whether the defendant is guilty or not guilty. In most states, criminal verdicts must be made by a unanimous jury.
What Is the Post Trial Stage of the Criminal Process?
After the trial or plea bargain stage of the criminal process, the sentencing phase will occur. For some crimes, sentencing is explicitly stated by the law, and the judge has limited discretion. However, for other crimes, the judge has considerable discretion in determining the proper punishment(s) for the defendant.
The most common examples of punishments include:
- Fines;
- Probation;
- Jail time;
- Community service; and
- Restitution, i.e. paying back any money that was stolen or compensating the victim for property that was damaged or destroyed.
If someone is convicted and they feel that the conviction was unfair or unlawful, they can ask a higher court to review their conviction. This is known as an appeal. Importantly, an appeal can only be based on a legal error. This means that an error of law must have occurred at some point in the criminal process in order for an appeal to be successful. Examples of common errors of law include:
- A motion that was either improperly granted or denied;
- Evidence that was either improperly admitted or excluded; and/or
- Jury instructions that were improper.
Appeals can be granted whole, in part, or completely denied. If an appeal is granted, the appellate court may either completely dismiss the charges or order an entirely new trial. If the appellate court completely denies the appeal, the defendant may then appeal the case to the state’s highest court.
However, the state’s highest court does not have to review the appeal. This means that they can choose the cases in which they review. It is important to note that if an individual has been convicted and sentenced for a crime as a result of their own guilty plea, their right to appeal is very limited.
Is the Criminal Process the Same in Every State?
In short, no. Once again, each state or jurisdiction may have a different criminal process which they follow. However, each state will generally follow the above process to some degree. Further, some cases will not necessarily involve every stage.
For example, the vast majority of criminal cases often resolve prior to the trial. Additionally, most criminal trials do not involve an appeal or a retrial process.
Do I Need An Attorney to Help with the Criminal Process?
If you have been accused of a crime, you should immediately consult with an experienced criminal defense attorney.
An experienced and local lawyer will be able to represent you throughout the entirety of the criminal process. Additionally, an attorney will be able to raise any applicable legal defenses, as well as represent you at any necessary court hearings.
