The Criminal Justice Process

Question 1

Investigation

Answer 1

Crime discovered, evidence gathered, follow-up investigations, start identifying suspects.

Question 2

Warrant

Answer 2

A judge issued arrest warrant that provides the legal basis for an apprehension of suspects by police.

Question 3

Arrest

Answer 3

Suspect is taken into custody. During arrest and before questioning, the defendant may or may not be advised of their Miranda rights.

Question 4

Booking

Answer 4

Administrative procedure where pictures, fingerprints, & personal information are obtained, a record is created and in some cases, DNA evidence is collected.

Question 5

First Appearance

Answer 5

Within hours of arrest, suspect must be brought before a judicial officer where the judge will tell them of the charges against them, advise them of their rights, and may provide the opportunity for bail.

Question 6

Preliminary Hearing

Answer 6

Establish whether sufficient evidence exists against a person in order to continue the justice process. The hearing judge will seek to determine whether there is probable cause & the strength of evidence is tested.

Question 7

Information/Indictment

Answer 7

In some states, the prosecutor may seek to continue the case by filing an “information” with the court. Other states require an indictment be returned by a grand jury who hears evidence & decides whether the case should go to trial.

Question 8

Indictment (Difference)

Answer 8

The grand jury’s declaration that probable cause exists to charge a defendant with a specific crime.

Question 9

Information (Difference)

Answer 9

In jurisdictions that do not use grand juries, the prosecution issues an information as the formal charge of a crime.

Question 10

Arraignment

Answer 10

The accused stands before a judge & hears the information/indictment. Defendants are notified of their rights again & asked to enter a plea (not guilty, guilty, & no contest).

Question 11

Bonus: No Contest

Answer 11

No contest may result in a conviction but cannot be used in trial as an admission of guilt.

Question 12

Adjudication

Answer 12

Criminal trial may be held or defendant may decide to enter a guilty plea. A jury hears the evidence & decides issues of guilt or innocence, while the judge ensures the fairness of proceedings.

Question 13

Sentencing

Answer 13

After the person has be convicted, it is up to the judge to determine the punishment. Sometimes a sentencing hearing is held in which attorneys for both sides can present info. to influence the judge’s decision.

Question 14

Corrections

Answer 14

This period begins following sentencing. Corrections involved a variety of sentences that can be imposed on a defendant.

Question 15

Reentry (define probation & parole)

Answer 15

Not everyone who has been convicted of a crime goes to prison. Probation imposes requirements & restrictions upon offenders. Parole imposes obligations & requirements of the offender after they have served a portion of their time & has been freed.

Question 16

Bonus: difference between Defendant & Offender

Answer 16

Defendant accused: individual who has been accused of a crime in a court proceeding.
Offender convicted: a defendant who has been convicted of a crime.