Criminal Proceedings

The adversarial system is generally adopted in common law countries. On the continent of Europe among some civil law systems (i.e. those deriving from Roman law or the Napoleonic Code) the inquisitorial system may be used for some types of cases.

The adversarial system is the two-sided structure under which criminal trial courts operate that opposes the prosecution against the defense. Justice is done when the most effective adversary is able to convince the judge or jury that his or her perspective on the case is the correct one.

Crime Reported (1)

In most common-law jurisdictions the criminal process normally includes a largely uniform set of procedures and begins when the police set out to investigate a crime either because they have received a report that a crime was committed.

Pre-Arrest Investigation (2)

Further investigation takes place. This often means the police stop and question the individuals whose actions seem suspicious and other people in the area, known as field investigation, and perform other operational-search actions.

Arrest (3)

Their next action is to determine who the violator was and apprehend the individual. When a police officer has obtained a valid warrant to arrest a person, the arrest is lawful. At all stages of the criminal process including arrest, police officers must protect citizens’ constitutional rights, such as the right to remain silent and the right to be free from unreasonable searches. A criminal suspect may question the lawfulness of an arrest when it is happening.

Booking (4)

Within a reasonable time after the arrest, the accused must be taken before a magistrate and informed of the charge. After arrest the individual is taken into custody and ‘ booked’, that is the defendant's name and other relevant information about the defendant is recorded (telephone number and address, etc.), the arrest is registered and the suspect fingerprinted and photographed.

Post-Arrest Investigation (5)

The next step is in-custody investigation which involves interrogation. After in-custody investigation, the suspect is taken to a court for what is called the ‘initial bail phase’. The judge can set a certain amount of bail or free the person on his word of honor to appear for later proceedings.

The Charging Decision (6) and Filing a Complaint (7)

While the suspect is free on bail or waiting in jail for the first appearance, the police prepare a complaint against the suspect. The complaint is a document that describes the crime. It is passed to the prosecutor for a decision on whether to charge the suspect with criminal activity, and then it is submitted to the court. The court reviews the complaint to determine if there is sufficient legal basis to hold the person in custody. The magistrate may otherwise dismiss the complaint and order to release the person from custody.

First Appearance (8)

The next step is ‘initial appearance before a judge’. In minor misdemeanour cases the initial appearance may be the only one, if the defendant pleads guilty. When the charge is more serious, the accused at the initial appearance may be informed of the charges, advised of the right to counsel and the right to remain silent, warned that any statement made may be used against the suspect in court, and advised of how to seek release on bail. In some jurisdictions, including the federal courts, a plea may be entered and bail may be set at this first appearance. If the plea is not guilty, a time is set for the trial and once again bail is reconsidered or the defendant is returned to jail to await trial. If the plea is guilty and the court accepts it, the defendant is usually sent to jail to await sentencing. Many criminal cases are resolved through a "plea bargain", usually well before trial. In a plea bargain, the defendant agrees to plead guilty to one or more charges in exchange for a lesser sentence. In other jurisdictions, the suspect will not be allowed to make a plea if the offense is a felony or gross misdemeanour, and a preliminary hearing will be promptly scheduled.

Preliminary Hearing (9)

Preliminary hearing only occurs in felony offenses. A preliminary hearing is best described as a "trial before the trial" at which the judge decides, not whether the defendant is "guilty" or "not guilty," but whether there is enough evidence to force the defendant to stand trial. In reaching this decision, the judge listens to arguments from the government (through a government attorney, or "prosecutor"), and from the defendant (usually through his or her attorney). The prosecutor may call witnesses to testify, and can introduce physical evidence in an effort to convince the judge that the case should go to trial. The defence usually cross-examines the government's witnesses and calls into question any other evidence presented against the defendant, seeking to convince the judge that the prosecutor's case is not strong enough, so that the case against the defendant must be dismissed before trial.

Grand Jury Decision (10) and Filing of the Information of Indictment (11)

In some states, review by a grand jury is also required before a felony prosecution may continue.Where the grand jury system is used, the prosecutor appears before a grand jury, presenting some of the evidence and asking the grand jury to issue an indictment (a formal charging document describing in legal language the crime of which the defendant is accused). As an alternative to grand jury indictment in those jurisdictions where the grand jury system is not used, the prosecutor can issue information, a document roughly equivalent to an indictment. If the judge has determined that there is probable cause to support charges, the prosecutor will file Information in the Superior Court.

Arraignment on the Indictment or Information (12)

During the arraignment, the defendant is taken before a Superior Court and informed of the charges. At that time, the defendant will answer to the charges by pleading not guilty, guilty or no contest. At the Superior Court Arraignment the amount of bail may be reviewed (increased or decreased).

Pre-Trial Conference (13)

At a pre-trial stage the parties exchange information about the evidence and arguments they will offer at trial, they also negotiate to obtain the best possible plea for the defendant.

Trial (14)

A trial determines the question of the defendant’s guilt. The verdict of the jury is either “guilty” or “not guilty” on each charge given to the jury for determination.

Sentencing (15)

If the defendant is acquitted at trial, he is freed. If convicted, by trial or plea, the defendant is returned to court for sentence. At sentencing the judge listens to whatever the offender of the offender’s counsel wishes to say, and ordinarily requests a sentence recommendation from the prosecutor. The judge then imposes sentence on the convicted person.

Appeal (16)

After conviction of a crime, the defendant has a right to appellate proceeding which may be available to determine whether all substantive and procedural law issues were properly conducted at the trial.

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