Each state has its criminal justice system made up of legislative bodies that enact criminal laws and the policing agencies that enforce them.
The same is true for the federal criminal justice system.
Federal Department of Justice
The Department of Justice leads the federal justice system. The federal justice system has jurisdiction over crimes involving federal statutes and crimes committed across state lines.
Federal Crimes
Examples of federal crime include crimes involving federal tax fraud, kidnapping, and drug trafficking across state lines. While federal laws cast a wide net, very few crimes fall within the exclusive domain of federal jurisdiction.
State And Local Crimes
Most crime enforcement rests with state and local governments. State municipalities and counties mainly perform local and countywide police protection.
Jails and prisons are primarily a function of state governments. In most cases, local crimes are managed by the states, counties, and local municipalities.
Crimes that have a national impact are enforced and tried at the federal level.
Six Major Crime Categories
Most crimes, whether misdemeanor or felony, fall into one of six criminal categories. The categories are:
- Crimes against persons and property
- Theft and fraud crimes
- Sex crimes
- Juvenile crimes
- Drug crimes
- Impaired driving crimes
After the arrest of a suspect, law enforcement presents its findings to the prosecutor. The prosecutor determines if criminal charges should be filed and the specific charges.
Initial Court Appearance
Arraignment
The arrested person must be taken before a judge without unnecessary delay. At the initial appearance, called an arraignment, the judge informs the accused of the charges and determines if sufficient cause exists to hold the accused.
Right To Counsel
All defendants facing crimes for which imprisonment is possible have the right to be represented by a criminal defense attorney. If the court determines the suspect cannot afford an attorney, the state will assign one to the defendant at no charge. These lawyers are called public defenders.
Pretrial Detention And Release
The court often bases its pretrial detention decision on information about the defendant’s criminal and personal history, drug use, residence, employment, and family-community ties. The court may release the accused on their own recognizance (OR) without the need to post bail.
Posting Bail
In serious cases, usually felonies, a pretrial release is generally conditioned on the accused posting bail. Bail is intended to ensure the accused will appear for all further court proceedings as required by the court.
However, many jurisdictions can deny bail and impose pretrial detention of the accused in severe offenses where the accused is deemed dangerous to the community and poses a flight risk.
Failure To Appear
If the accused fails to appear in court or skips bail, the court will issue an arrest warrant, and the bail agent may retain the services of a licensed bounty hunter to locate and recapture the accused.
Preliminary Hearing
Probable cause hearing
In many state jurisdictions, when the crime is charged as a felony, the initial appearance may be followed by a preliminary hearing. In some states and in federal court, this decision is made by a grand jury.
The chief purpose of the preliminary hearing is to judicially determine whether there is sufficient evidence of probable cause to believe the accused committed the crime.
Should the judge not find probable cause, the case must be dismissed, which is an extremely infrequent occurrence. In most cases, the judge finds probable cause, and the case will be bound over for a felony trial.
Diversion
Suspended sentence
In some states, defendants without a prior criminal record may be eligible for a diversion program that allows the accused to avoid prosecution so long as they complete specific conditions such as drug treatment or attend anger management classes.
Successful completion of diversion usually results in the dropping of charges or the expungement of the criminal record if the defendant was first required to plead guilty before receiving diversion.
Choice of The Accused
Trial by jury or judge
Under the U.S. Constitution, a person accused of a crime is guaranteed a public trial by jury. Sometimes the accused may ask for a court trial, also known as a bench trial.
A bench trial means the judge renders the verdict rather than a jury. A court trial requires the judge to be the sole trier of facts as well as the law.
The Criminal Trial
The court determines whether evidence is admitted
At a criminal trial, the prosecution and defense counsel present their evidence through lay and expert witness testimony, documents, and other forms of physical evidence.
The judge’s role is to rule on all contested issues of law, including whether certain forms of evidence will be admitted into evidence.
The court’s rulings must follow the formal rules of evidence and supporting case law. Examples of evidentiary rules include:
- Rules prohibiting hearsay unless it falls within an established exception
- Rules governing relevancy
- Rules governing admission of evidence
- Rules governing authenticity and trustworthiness of evidence
- Rules governing expert witness testimony
Exclusion of Evidence on Constitutional Grounds
Exclusionary rules
In criminal trials, the evidence must be excluded if it is determined to be obtained in violation of the defendant’s constitutional rights—specifically, evidence obtained from unlawful police searches and seizures, interrogations, and arrests. Miranda violations are among the most common Fifth Amendment violations.
The exclusionary rule is based on our Fourth and Fifth Amendment rights against illegally obtained evidence and the fruits derived from such evidence – also known as the fruit of the poisonous tree doctrine.
Possible Verdicts
The trial will either result in acquittal or conviction on the charges, or it could end in a mistrial if the jury cannot reach a verdict and is deadlocked.
Post-Conviction Sentencing
After a conviction sentence is imposed, under federal law, guidelines are provided to the district trial court. In most cases, the court decides on the sentence, but in some states, the jury is given that power, particularly in capital offense cases where the death penalty can be imposed.
Aggravating and Mitigating Circumstances Considered
Upon arrival at an appropriate sentence, a sentencing hearing may be held at which evidence of aggravating or mitigating circumstances is considered. For example, was there evidence that the offense was committed in the heat of passion, or was it carefully planned and premeditated, demonstrating a level of malice? What is the offender’s criminal history, work history, and family relationships?
Probation Department Report
In making such a determination, the courts often rely on pre-sentence investigations by the probation agency and will consider their recommendations in the sentencing process. Courts may also consider victim impact statements.
Other forms of sentencing include incarceration in a prison, jail, or other detainment facilities. Probation allows a convicted person to be released but is subject to certain conditions such as mandatory drug testing, drug treatment, fines, and payment of victim restitution.
Post-Conviction Appeal
After the trial, a defendant may request an appellate review of the conviction or sentence based on an error of law at the trial court level. In death penalty cases, appeals are automatic.
Appeals may be subject to the appellate court’s discretion and may only be granted upon acceptance of a defendant’s petition for review,
Alternatives To Incarceration
Some offenders may qualify for alternatives to incarceration, such as community service, regular drug treatment sessions, unannounced testing, house arrest, and ankle bracelet electronic monitoring.
Sometimes the law mandates that persons convicted of certain offenses serve a term of mandatory incarceration. Most states permit the court to set the sentence length within certain limits, but some state sentencing laws mandate a fixed prison term to be served, which a parole board cannot alter.
An Executive Pardon can terminate imprisonment by either the Governor at the state level or the President at the federal level. Pardons are rarely granted.
Correctional Facilities – State and Federal Prisons
The term “Correctional Facilities” refers to the government and private supervision and management of persons arrested, convicted, and sentenced for criminal offenses. There is a state prison system and a federal prison system.
United States – World Leader In Incarcerations
The United States incarcerates over 25% of the world’s total prison population. The United States incarcerates more people than any other nation. In 2020 the U.S. prison population totaled 2.1 million people.
Individual, Family And Social Impact of Prison
When most people think of prison, they picture horrible people dressed in orange clothes locked behind steel bars. We don’t always think beyond this image, such as the others who have also been impacted – especially the victims of the crime and their families.
There are also other victims, like the family left behind for every prisoner behind bars – the prisoner’s parents, spouse, and children. Sometimes an entire family is left to cope with unpaid bills and the emotional turmoil, such as anxiety, severe depression, and hopelessness that will undoubtedly follow.
For More Information, Contact An Online Criminal Defense Attorney
Reference: The Justice System | Bureau of Justice Statistics.
