Let’s understand procedural law, the set of rules governing the methods employed to investigate and prosecute individuals accused of criminal offenses. Equally important, procedural law outlines the avenues through which someone convicted of a crime can contest their convictions. While the majority of laws specifying criminal acts are now codified in statutes, it’s essential to recognize that procedural law primarily resides within the decisions of judges who interpret U.S. and state laws. In simpler terms, federal and state constitutions establish broad guarantees, such as the right to a speedy trial. Subsequently, specific laws, like the Federal Speedy Trial Act, are enacted to provide detailed guidelines, and judges further elaborate on the implications of these guarantees and statutes in their court opinions.

Phases of the Criminal Justice Process

The processing of a case through the criminal justice system can be broken down into five phases as seen in figure 4.3. They include:

• investigative phase,
• the pre-trial phase,
• the trial phase,
• the sentencing phase, and
• the appellate or post-conviction phase.

Overview of the criminal process (graph)

Enter Into the System: Investigative Phase

In the initial stages of the criminal justice system, the process begins with an investigation by law enforcement. Investigators collect evidence, interview witnesses, and assess the circumstances surrounding a potential crime. To formalize an arrest, the police often obtain an arrest warrant from a judge, demonstrating to the court that there is probable cause to believe a person has committed a crime. Probable cause is the level of reasonable belief or evidence that a law enforcement officer must have before they can take certain actions, like making an arrest or obtaining a search warrant. It’s not absolute proof, but enough information to make it more likely than not that a crime has occurred or that evidence of a crime can be found in a particular place.

However, in some instances, immediate arrests occur at the scene without a warrant. An arrest involves the legal deprivation of an individual’s freedom, signifying that they are now in custody and not free to leave. Once a suspect is under arrest and no longer free to leave, the landmark case Miranda v. Arizona requires law enforcement to inform individuals of their rights, including the right to remain silent and the right to an attorney during the court process. After an arrest, the next step is the booking process at the jail, where the arrested person’s information is recorded, fingerprints are taken, and a photograph is captured. This step helps create an official record of the arrest and establishes a baseline for the individual’s entry into the criminal justice system.

Pretrial Phase

In the pretrial phase of the criminal justice process, the journey begins with the defendant’s first appearance, typically occurring within 24 to 48 hours after arrest. During this crucial initial meeting with a judge, the individual is informed of the charges against them, their Miranda rights are read, and the opportunity for bail is considered. The subsequent steps in this phase vary across states; however, in some jurisdictions like Oregon, the grand jury system is employed.

A grand jury is a group of citizens convened to determine whether there is enough evidence (probable cause) to formally charge the individual with a crime. If the grand jury confirms the need for charges, they issue an indictment, which is a formal written accusation, asserting that there is sufficient evidence to charge an individual with a crime and proceed to trial. In contrast, other states utilize a preliminary hearing, where a judge assesses the evidence and decides if there is sufficient probable cause to proceed. If the case advances, the defendant moves to arraignment, a formal court proceeding where charges are officially presented, and the accused must enter a plea—options include guilty, not guilty, or no contest. It’s important to note that the judge may reject any plea made under duress, and if the accused remains silent, a plea of not guilty is entered, upholding the presumption of innocence. This phase establishes the foundation for the legal proceedings that will follow.

Adjudication or Trial Phase

In the trial or adjudication phase of the criminal justice process, the Sixth Amendment guarantees individuals the right to a jury trial; however, this right can be waived in favor of a bench trial, where a judge decides the case. A bench trial involves the judge serving as both the fact-finder and the legal decision-maker. While the right to a trial is fundamental, most cases never reach this stage due to the considerable expenses and time associated with trials. Throughout the trial, the defendant is provided with legal counsel, ensuring a fair and speedy public proceeding. The defense can cross-examine witnesses presented by the prosecution, and ultimately, the case is decided. In the event of a deadlocked jury, unable to reach a unanimous decision, a mistrial may be declared, leading to a potential retrial. Faced with the uncertainties of trial outcomes, individuals might opt to take a plea deal, resolving the case through negotiation with the prosecution, often offering reduced charges or sentences in exchange for a guilty plea.

Sentencing and Sanctions Phase

In the sentencing phase the judge decides the punishment and there are rules and laws about how criminals are punished, when they’ll be sentenced, and what rights they have during this process. The defendant can speak in court during their sentencing, and victims can also share their thoughts. Evidence to lessen the severity of the punishment can be presented, and the defendant still has the right to a lawyer. In cases where the death penalty is a possibility, the trial is split into two parts – one to decide if the person is guilty or innocent, and another to determine the punishment, almost like a smaller trial within the main one.

When it comes to the actual punishment, there are two types of sentences. A concurrent sentence means they serve multiple sentences at the same time. For example, if someone is given five years for one crime and three years for another, and the sentences are concurrent, they’d serve a total of five years. On the other hand, consecutive sentences mean one after the other. So, if the same person gets five years for one crime and three years for another, but the sentences are consecutive, they would serve a total of eight years, because the second sentence begins once the first one ends.

Post-Conviction Phase (Appeals Phase)

In the post-conviction phase, individuals convicted of a crime may find themselves either in jail or prison. Prisons are reserved for longer sentences, typically exceeding a year, and serve as facilities where individuals reside after being convicted and sentenced. Jails accommodate shorter sentences or act as temporary holding facilities before trial. During this phase, there are specific rules dictating the timing for filing direct appeals, which involve seeking a higher court’s review for possible errors. It is important to note that appeals are only for error corrections and not a retrial of the case. The right to appeal is fundamental, encompassing both a mandatory avenue and a discretionary one. Throughout the appeals process, legal representation remains a crucial right for those navigating the complexities of challenging their convictions.

Licenses and Attributions for Procedural Law

Open Content, Original

“Procedural Law” by Roxie Supplee is licensed under CC BY 4.0.

Figure 4.3. “Overview of the Criminal Process” by Trudi Radtke is in the Public Domain.