Section 1.5: The Criminal Justice Process (Continued)

In this Section, we will continue where we left off in the last one.  We will begin by examining what happens after arrest and pretrial detention, and a judge must make bail decisions.

Pretrial Detention or Bail

Pretrial detention refers to the practice of keeping a person who has been arrested and charged with a crime in jail until their trial. This means that the person remains in custody rather than being released back into the community while they await their day in court.

In most cases, criminal suspects are released on bail before their trial. Bail is a sum the defendant or their family or friends must pay the court to guarantee that the defendant will show up for their court date. If the defendant fails to show up, they forfeit the bail money, and a bench warrant is issued for their arrest.

It is important to note that while many people believe that the right to bail is a constitutional guarantee, the actual constitutional rule is that excessive bail may not be required. This means that the amount of bail requested by the court must be reasonable, given the severity of the crime and the defendant’s ability to pay.

However, in some cases, the judge may deny bail and order the defendant to remain in jail until their trial. This is typically done if the judge believes that the defendant is a flight risk, meaning they are likely to flee the jurisdiction and not show up for their court date.

Pretrial detention is a period of incarceration before trial. This means that the defendant is held in jail while they wait for their case to be heard in court. It is important to note that pretrial detention can have severe consequences for the defendant, resulting in the loss of their job, housing, and other vital aspects of their life. Additionally, research has shown that pretrial detention can lead to longer sentences and an increased likelihood of conviction (Morton & Farrell, 2018).

Plea Bargaining

Plea bargaining is a common practice in the criminal justice system. It is a process where the prosecution and the defense negotiate a mutually acceptable outcome to a criminal case before it goes to trial. In most cases, the defendant agrees to plead guilty to a lesser charge or to accept a lighter sentence than what could be expected if they went to trial.

The plea bargaining process is controversial because it can result in defendants pleading guilty to a crime they did not commit. This can happen when a defendant agrees to a plea bargain for fear of receiving a more severe punishment if they go to trial. Additionally, critics argue that plea bargaining favors prosecutors with more resources and bargaining power than defendants.

Despite these criticisms, plea bargaining is widely used in the criminal justice system because it can help to reduce the backlog of court cases and expedite the resolution of cases. Furthermore, plea bargaining can ensure that the guilty are punished while sparing the innocent from the risks and uncertainties of a trial.

It is important to note that plea bargaining is not always available to defendants. In some cases, the prosecutor may be unwilling to offer a plea bargain, or the judge may refuse to accept the plea bargain. Additionally, plea bargaining is not a constitutional right but a privilege granted at the discretion of the prosecutor and the judge.

Trial

The purpose of a trial is to determine whether the defendant is guilty of the crime they have been accused of. To find someone guilty, the decision-makers, who are called “finders of fact” in legal terminology, must base their verdict on the evidence presented during the trial. This group can consist of a jury, who are regular citizens, or a judge who acts alone, known as a bench trial. It’s important to remember that the American legal system is adversarial, meaning both sides must present their cases in court. 

The prosecution, representing the state, will try to prove that the defendant is guilty, while the defense will try to prove that the defendant is innocent. Technically, the burden of proof lies with the prosecution, which means that the defendant does not have to prove their innocence. However, in practice, the defense will also present evidence to refute the prosecution’s case.

In a criminal trial, the prosecution must prove the defendant’s guilt beyond a reasonable doubt, which is a very high standard of evidence, the highest in our legal system. This means the prosecution must prove that the defendant committed the crime beyond reasonable doubt or uncertainty. The burden of proof is on the prosecution because of the presumption of innocence, which means that the defendant is innocent until proven guilty.

Sentencing

When a defendant is found guilty or pleads guilty, a judge (or jury in some cases) will determine their punishment, which is known as a sentence. A sentence can include various penalties, such as monetary fines, probation (a period of supervision in the community), or periods of incarceration in a jail or prison.

At the federal level, the judge will use specific sentencing guidelines issued by the United States Sentencing Commission to determine the defendant’s sentence. These guidelines take into account the crime’s severity and any relevant factors related to the defendant, such as their prior criminal record or their level of cooperation with authorities. The probation office prepares a report that applies the guidelines to the individual defendant and the crimes they have been found guilty of.

During the sentencing process, the court may consider a variety of factors, including the evidence presented at trial and any relevant information provided by the pretrial services officer, the U.S. attorney, and the defense attorney. Sometimes, the court may depart from the recommended sentence if some unusual circumstances or factors warrant a different punishment.

A sentence handed down by a federal court may include time in prison, fines, and restitution to crime victims. Probation officers are responsible for helping the court enforce any conditions imposed as part of a criminal sentence, which may include substance abuse testing, job counseling, or alternative detention options.

Appeal

Trial courts may make mistakes, and if a legal rule is broken, a convict has the right to appeal to a higher court to correct the error. If the appeal is successful, the trial court is ordered to rehear the case while fixing the appeals court’s problem with the first trial. However, the prosecutor can decide not to hold a rehearing of the case if they believe that the state cannot prove guilt beyond a reasonable doubt given the appellate court’s directions.

In the federal system, the losing party in a decision by a trial court is typically entitled to appeal the decision to a federal court of appeals. In criminal cases, the defendant may appeal a guilty verdict, but the government may not appeal if a defendant is found not guilty. Either side in a criminal case may appeal the sentence imposed after a guilty verdict.

The party to a case who files an appeal is called an appellant. The appellant must demonstrate that the trial court, or sometimes an administrative agency, made a legal error that affected the decision in the case. The court of appeals makes its decision based on the case record established by the trial court. It does not receive additional evidence or hear witnesses. The court of appeals may also review the factual findings of the trial court or agency. Still, it typically may only overturn a decision on factual grounds if the conclusions were “clearly erroneous.”

In appeals heard by the United States Circuit Courts, the panels of three judges working together decide cases. The appellant presents legal arguments to the panel in writing in a document called a brief. In the brief, the appellant tries to persuade the judges that the trial court made an error and that its decision should be reversed. On the other hand, the party defending against the appeal, known as the appellee, tries in its brief to show why the trial court decision was correct or why any error made by the trial court was not significant enough to affect the outcome of the case.

Although some cases are decided on written briefs alone, many are selected for oral arguments before the court. An oral argument in the court of appeals is a structured discussion between the appellate lawyers and the panel of judges focusing on the legal principles in dispute. Each side is given a short time, usually about 15 minutes, to present arguments to the court. The court of appeals decision usually will be the final word in the case unless it sends the case back to the trial court for additional proceedings or the parties ask the U.S. Supreme Court to review it. In some cases, the decision may be reviewed en banc, that is, by a larger group of judges, usually all of the court of appeals for the circuit.

If a litigant loses in a federal court of appeals or in the highest court of a state, they may file a petition for a writ of certiorari. This document asks the Supreme Court to review the case. However, the Supreme Court is not required to grant review. It typically agrees to hear a case only when it involves a fundamental legal principle or when two or more federal appellate courts have interpreted a law differently. There are also a small number of exceptional circumstances in which the Supreme Court is required by law to hear an appeal. When the Supreme Court hears a case, the parties must file written briefs, and the Court may hear oral arguments.

Corrections

The corrections system is an essential part of criminal justice that aims to protect the public by punishing or rehabilitating criminal offenders, depending on the underlying philosophy. The goal of corrections extends beyond just prisons and jails, where offenders serve their entire sentences. It also includes early release mechanisms like probation and parole.

The corrections system is vast in the United States, and approximately 6.5 million Americans are under some form of correctional supervision on any given day. Although only about one-third of convicted offenders are incarcerated, the number of convicts in the country’s prisons remains substantial. As a result, the government spends a lot of money on corrections, making it a subject of significant political debate due to its high cost.

It is essential to note that “corrections” refer to the methods used to address the behavior of individuals who have broken the law. Rehabilitation is a primary goal of corrections, where offenders receive counseling, education, and job training to help them become productive members of society. Additionally, the punishment aspect of corrections aims to deter future criminal behavior and hold individuals accountable for their actions. The corrections system is critical in balancing rehabilitation with punishment to ensure public safety while allowing offenders to rebuild their lives.

Release from the System

The last stage of the criminal justice process is when an offender is released from the system. If an offender is released from confinement on parole, then the offender must follow specific rules and conditions, known as parole conditions. Parole conditions are designed to help offenders transition back into society while reducing the risk of reoffending. These conditions may include drug testing, regular check-ins with a parole officer, and employment requirements. Offenders who violate these conditions may be sent back to prison.

Once an offender has completed their entire prison sentence without early release, they are considered to have “flat timed.” At this point, the offender is free from parole conditions and can return to their life before entering the criminal justice system. However, it’s essential to note that incarceration’s effects may still linger, and it may be challenging to readjust to life outside of prison. Additionally, offenders who have been convicted of certain crimes, such as sex offenses or violent crimes, may be subject to additional restrictions, even after completing their sentence.

The Criminal Justice Funnel

The criminal justice system is often compared to a funnel. (Donald Cressey, a criminologist, first proposed the concept in the 1950s). Like a funnel, the criminal justice system starts wide at the top and narrows down as we move forward. This means that as we progress through the criminal justice process, we see fewer and fewer cases. At every stage, some people drop out of the system.

Not all crimes reported to the police lead to convictions and prison sentences. Sometimes, the police may handle a case informally without involving the criminal justice system. For example, they may mediate a dispute between two parties or issue a warning to a first-time offender. Similarly, prosecutors may decide not to pursue charges against a suspect if they feel there is insufficient evidence to secure a conviction or believe that another course of action would be more appropriate. Judges may also choose to offer treatment programs or other alternatives to incarceration if they feel that it would be more effective than imprisonment.

These are just a few examples of how people may leave the criminal justice system before being incarcerated. It’s important to note that the criminal justice system is not always the best solution for every case. Alternative conflict resolution methods or addressing issues may be more effective in some situations.

Summary

The criminal justice system is a process that involves various stages. At the outset, a person arrested and charged with a crime is held in jail pending trial. This is known as pretrial detention. In most cases, however, criminal suspects are released on bail before trial. Bail is a sum of money the defendant or their family or friends must pay the court to guarantee that the defendant will show up for their court date. If the defendant fails to show up, they forfeit the bail money, and a bench warrant is issued for their arrest.

It is important to note that while many people believe that the right to bail is a constitutional guarantee, the actual constitutional rule is that excessive bail may not be required. This means that the amount of bail requested by the court must be reasonable, given the severity of the crime and the defendant’s ability to pay.

However, in some cases, the judge may deny bail and order the defendant to remain in jail until their trial. This is typically done if the judge believes the defendant is a flight risk, meaning they will likely flee the jurisdiction and not show up for their court date.

Plea bargaining is a common practice in the criminal justice system, where the prosecution and the defense negotiate a mutually acceptable outcome to a criminal case before it goes to trial. In most cases, the defendant agrees to plead guilty to a lesser charge or to accept a lighter sentence than what could be expected if they went to trial.

The purpose of a trial is to determine whether the defendant is guilty of the crime they have been accused of. To find someone guilty, the decision-makers, who are called “finders of fact” in legal terminology, must base their verdict on the evidence presented during the trial. This group can consist of a jury, who are regular citizens, or a judge who acts alone, known as a bench trial.

When a defendant is found guilty or pleads guilty, a judge (or jury in some cases) will determine their punishment, which is known as a sentence. A sentence can include various penalties, such as monetary fines, probation (a period of supervision in the community), or periods of incarceration in a jail or prison.

A convict can appeal to a higher court to correct the error if a legal rule is broken. The appeals court might overturn a decision on factual grounds if the conclusions were “clearly erroneous.” The appeals court may also review the factual findings of the trial court or agency, and the court of appeals decision usually will be the final word in the case unless it sends the case back to the trial court for additional proceedings or the parties ask the U.S. Supreme Court to review it.

The corrections system is an essential part of criminal justice that aims to protect the public by punishing or rehabilitating criminal offenders, depending on the underlying philosophy. It also includes early release mechanisms like probation and parole. When an offender is released from confinement on parole, then the offender must follow specific rules and conditions, known as parole conditions. Parole conditions are designed to help offenders transition back into society while reducing the risk of reoffending. Offenders who violate these conditions may be sent back to prison. Offenders who have been convicted of certain crimes, such as sex offenses or violent crimes, may be subject to additional restrictions, even after completing their sentence.

References

• Bureau of Justice Statistics. (2021). Correctional populations in the United States, 2020. U.S. Department of Justice. 
• Cressey, D. R. (1951). The criminal violation of financial trust. American Sociological Review, 16(6), 738-743.
• Morton, B., & Farrell, A. (2018). Money, pretrial detention, and criminal conviction: An empirical study of the role of poverty in perpetuating the cycle of criminal justice involvement. Journal of Criminal Law and Criminology, 108(4), 765-804.

Key Terms

Last Modified:  06/05/2023