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Briefing for Processing of a Criminal Case Through The Federal Justice System
The process begins with an investigation of all involved. Evidence will be gathered at the scene, if possible, and if there is probable cause that a crime has been committed. A follow up investigation will be to reconstruct the sequence of activities.
After it has been determined by an extensive investigation, an arrest warrant will be issued by the magistrate providing legal basis for apprehension or arrest. During arrest and prior to questioning you are to advise them of their “Miranda Rights” (Criminal Justice p. 19)
At this time the Booking of the suspect is made, thus take pictures, fingerprints are made and personal information should be gathered. Record details of the charges and create an administrative record of the arrest. You will also read them their “Miranda Rights” again and ask them to sign a written form containing a statement acknowledgement that the suspect understands their rights. (Criminal Justice p. 20)
Next will be pretrial and/or first appearance, which your suspect must be brought before a magistrate for initial appearance. The judge will advise them of their rights again, tell them of the charges against them and provide the opportunity for bail, depending on the seriousness of the crime. If the suspect doesn’t have a lawyer, or can’t afford one, one will be appointed to him/her at the first appearance.
A preliminary hearing will be held next to establish whether sufficient evidence exists against the suspect to continue the justice process. At this point a judge will determine whether there is probable cause that a crime has been committed.
To continue the case against a defendant, depending on state requirements, a prosecutor will file a formal written accusation on the basis of the preliminary hearing, which is called an information or, an indictment can be returned by a grand jury before prosecution can proceed. The grand jury hears evidence from the prosecutor and will make the decision whether a case should go to trial. The grand jury can also determine whether probable cause exists to charge a defendant formally with a crime. (Criminal Justice p. 20)
The arraignment will be next and is a hearing before the court, in which the identity of the defendant is established. The defendant will be informed of the charge or charges, and his/her rights. At this time the defendant will be required to enter a plea which generally consists of; not guilty, guilty, and no contest. The defendant will be given a copy of his indictment or information before he is called upon to plead. (Criminal Justice p. 21)
For the most part, many criminal cases never go to trial due to guilty pleas. The majority are pleaded out or dismissed for a variety of reasons. The procedures governing the submission of evidence are tightly controlled by procedural law and precedence if cases do go to trial. Specifying the type of evidence that may be submitted, what a jury is allowed to hear, and the credentials of those allowed representing the state or the defendant is referred to as procedural law. Understandings built up through common usage and to decisions rendered by courts in previous cases are referred to as precedent. (Criminal Justice p. 21)
Whether a defendant pleas out or goes to trial and has been convicted of a crime, it becomes the responsibility of the judge to impose punishment. A sentencing hearing prior to sentencing which lawyers from both sides present information concerning the defendant. This information will be used to assist in making an appropriate sentencing decision by the judge. (Criminal Justice p.22)
The corrections state begins once the defendant has been sentenced. They will be classified according to local procedures and will be assigned to confinement and/or treatment facilities once in the correctional facilities. (Criminal Justice p.22)
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This intel was contributed by D. STEVENS
D. STEVENS
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May, 2012
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