Criminal Justice - The Criminal Justice System | Criminal Justice

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Study GuideCriminal JusƟce–The Criminal JusƟce System1. The Process of Criminal JusƟce1.1 Rules in Criminal JusƟceThe criminal justice system followsrulesthat come from many sources:•TheU.S. Constitutionand theBill of Rights•State constitutions•Federal and statelaws (codes)•Court decisions•Federal and staterules of criminal procedure•Rules fromgovernment agencies and departmentsFor example, theFederal Rules of Criminal Proceduretell courts across the U.S. how criminalcases should be handled.1.2 DiscreƟon: Decisions Beyond the RulesWhile rules are important,criminal justice also involves discretion. Discretion means making adecision based onpersonal judgment, not just following rules.Discretion happens all the time in criminal justice:•Policedecide whether to investigate, search, arrest, or use force.•Prosecutorsdecide whether to file charges or offer plea deals.•Judgesset bail, accept or reject plea bargains, and decide sentences.

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Study Guide•Parole boardsdecide when inmates can be released.Basically, discretion lets criminal justice professionals weigh options and make the best choice ineach situation.1.3 Steps in the Criminal JusƟce ProcessThe criminal justice process has many steps. Here’s a clear guide:1. InvesƟgaƟonPolice investigate crimes tocollect evidence, identify suspects, and prepare for arrests.Investigations can includesearches, which requireprobable cause—facts that show evidence of acrime is likely in a specific place.2. ArrestAn arrest happens when the policetake someone into custody. Like searches, arrests also requireprobable cause—a reasonable link between a person and a crime.3.ProsecuƟonThedistrict attorney (DA)decides whether tocharge a suspect with a crime. They consider theseriousness of the offense and the strength of the evidence.4. Charging: Indictment or InformaƟon•For serious crimes, agrand jurymay issue anindictment, deciding in a closed hearingwhether charges should move forward.•In other cases, prosecutors can file aninformation, followed by apreliminary hearingtosee if there’s enough evidence for trial.•Probable cause is the standard here, too.5. Arraignment

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Study GuideThe defendant goes to court toenter a plea—usually “guilty” or “not guilty.”6. Pretrial DetenƟon or Bail•Detentionis temporary custody before trial.•Bailis money paid to ensure the defendant will return for trial.7. Plea BargainingSometimes, thedefense and prosecutor negotiatea deal. The defendant mayplead guiltyinexchange for areduced charge or lighter sentence.8. TrialIf the case goes to trial, ajudge or jurydecides guilt.•The standard isbeyond a reasonable doubt—not 100% certain, but high enough thatthere’s no reasonable question.9. SentencingIf found guilty, the judge decides thepunishment, which can include:•Fines•Probation•Jail or prison time•A combination of supervision and incarceration10. AppealsThe defendant can challenge a conviction inappellate court.•If the appellate courtreversesthe case, it may go back to trial.•The prosecutor may refile or drop charges, but the case can still be prosecuted later if thestatute of limitationshasn’t expired.

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Study Guide11. Punishment and RehabilitaƟonMost inmates don’t serve their full sentence. They may be released early through:•Parole•Pardon•Or by serving the full sentence1.4 The “Funnel” of Criminal JusƟceThink of the criminal justice process like afunnel:•Wide at the top:Many cases start with investigations and arrests.•Narrow at the bottom:Fewer cases reach trial and incarceration.Some cases aredismissedor sent fortreatment or counselinginstead of going further.The law requires that the governmentprove its case with factswhenever it takes away someone’srights or freedom. Themore serious the action, themore evidence is needed:•A street stop requires fewer facts than an arrest.•An arrest requires fewer facts than an indictment.•An indictmentrequires fewer facts than a conviction.2. The PoliƟcs of Criminal JusƟcePolitics plays a big role in criminal justice. At its core,politics is about deciding who gets what,when, and how. This process affects how laws are made, how decisions are enforced, and howresources are distributed. While politics is necessary, it can sometimes create challenges for thejustice system. Let’s explore how.

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