The Judicial Process, From Arrest to Sentencing

America has fostered a court system that serves integrity and justice, with the civil rights of both the accused and the accuser preserved. Courtroom procedures are complex, but the intricate measures ensure a prudent system that transcends the judicial systems of most, if not all, other countries.

The judicial system encompasses itself in matters of the law from the moment a person is accused of violating the liberties of society, others, or himself. Law dictates that probable cause is required for arresting or taking someone into custody; probable cause must be articulated to substantiate an arrest, and can not be justified on the basis of "a hunch." Probable cause may simply be seeing someone break a law, or it may entail more investigation and can be warranted if evidence is gathered against a person. When someone is arrested on the basis of probable cause, he must be read his Miranda Rights to guarantee that his rights are known to him.

The accused is brought before a judge within forty-eight hours of his arrest; this is known as an arraignment. The accused is informed of the allegations against him, and is given an opportunity to plead guilty, not guilty, or no contest. The accused has the right to have his lawyer present to deliberate and decide an answer. With an admission of guilt, there is no trial, and the court imposes a sentence that is normally less harsh than one if found guilty by a jury. A plea of nolo contendere, or "no contest," is similar to a guilty plea. The defendant is neither pleading guilty nor not guilty, but accepts the judge’s sentence as if he were guilty. Pleading "no contest" provides a safety measure, so that the plea can not be used as evidence against him if charges were to be brought about in a civil trial. Pleading either "guilty" or "no contest" means that the case ends there. The third option, pleading "not guilty," invokes the trial process.

In a criminal case, the charges are said to be against society in general; they are not against a specific person or group. (Disputes between two people are dealt with in a civil matter.) Society is represented by a district attorney, which prosecutes the case. The defendant is entitled to counsel, as reiterated by the Miranda Rights he was read earlier. If the defendant can not afford an attorney, one is appointed by the state.

Bail is usually set for the defendant so he may be released from custody. Bail is something of value, usually money, put up to secure the appearance of the defendant at future court dates. The bail is returned if the defendant appears at the trial; if not, the bail is forfeited. The judge may deny bail if the crime is very severe (such as first degree intentional homicide, which is the most serious offense in American law) or if the defendant appears to be unreliable.

In a criminal case, the preliminary hearing often follows within ten days of the arraignment. This is the first appearance that the defendant’s attorney may refute the prosecution’s evidence. At this point, the judge determines whether there is enough evidence or probable cause to prove a crime was committed, and whether the defendant was the one who probably committed the crime. If the judge deems these accusations are probably true, a pretrial conference is held.

Pretrial hearings are held days or weeks before the actual trial. Usually, the prosecution and defense teams exchange witness and evidence lists. Sometimes important motions are filed: a Motion to Suppress, a Motion to Dismiss, a Motion to Sever, and a Motion to Release Information being notable. A Motion to Suppress is filed when the defense attorney claims evidence was obtained illegally (such as a coerced confession, or evidence found without probable cause), and should be excluded in accordance with the exclusionary rule. A Motion to Dismiss is filed when the defense feels the prosecution failed to reach their burden of proof; this motion is rarely granted. A Motion to Sever is made when the defense attorney wishes to have their client’s case tried separately from a co-defendant. A Motion to Release Information is requested to disclose psychological or medical records, which are not normally released. Plea bargaining may also be done at a pretrial conference. The prosecution may offer the defendant to plead guilty to a less serious charge, which saves the court both time and money. If the defense rejects the plea bargaining, a trial ensues.

During the pretrial process, a procedure called "discovery" takes place. If the prosecution gains information, the defense may demand to see it, and vice versa.

Sometimes there is no pretrial hearing after an arraignment; a grand jury may decide to indict the defendant. The defense attorney presents a prima facie case to the grand jury, and they decide whether there is enough evidence to bring the defendant to a superior court for trial. There is no need to go through a preliminary hearing through the lower courts if this is done.

A list of potential jurors is selected, usually from the Department of Transportation list. Jurors must be at least eighteen years old, able to speak and read English, mentally sound, and have no felony convictions. The potential jurors are called a "venire." The judge talks with the venire a little concerning the trial and their duties. He asks if anyone can not serve or if they would be biased. After the venire is likely narrowed down a bit, the prosecution and defense lawyers may individually question specific potential jurors during the voir dire process to ascertain a fair and unbiased jury. If there are still an abundance of jurors, the lawyers are given a certain number of peremptory challenges, in which they may dismiss any of the jurors for any reason other than gender or ethnicity. The venire is then narrowed down to twelve jurors and a few alternates, usually two.

A trial follows after a jury is selected. Sometimes the attorneys may argue motions to certify a fair trial after the jury is seated. The judge asks both sides to present an opening argument. In a criminal case, the prosecution presents their opening argument first, in which they outline what and how they intend to prove the defendant’s guilt. The defense may present their opening statement then, or wait until the prosecution’s argument is over. The prosecution has the opportunity to present their case first, because the burden of proof is on the prosecution. The prosecution presents their evidence, which may be in the form of physical or scientific evidence or by lay or expert witness testimony. Lay witnesses testify their personal knowledge of the case, and expert witnesses must prove their legitimacy to the judge and are used to prove facts, such as what type of gun a bullet from a crime scene was shot from. The opposing attorney has an opportunity for cross-examination, in which they ask questions of the same witness. When the prosecution has finished presenting their case, the attorney says, "the prosecution rests." The defense does not have to present any case, since the burden of proof is on the prosecution, but the defense will usually opt to cast some doubt on the prosecution’s allegations. The defense establishes their evidence and witnesses, and the prosecution is allowed to offer rebuttal evidence or testimony, which is limited to that only in direct opposition to the defense’s arguments. For example, if the defense asks a witness about his home life, the prosecution may question the witness about felony convictions, or anything else unrelated to the witness’s home life. After their case is finished, the defense says, "the defense rests." The judge then prompts the attorneys to give their closing statements, starting with the prosecution in a criminal case, then with the defense, then with the prosecution again, since the prosecution has the burden of proof. The closing statements usually recap the evidence and points acknowledged in the trial. This whole process could take days, months, or even years, depending on the complexity and seriousness of the case.

The judge instructs the jury on how to apply the law as it applies to the trial, how to be unbiased in making their decision, and reminds them that if they find the defendant guilty, it must be beyond a reasonable doubt. The jury then retires to deliberate. If it is expected to take a long time to reach a verdict, the jury may be sequestered. They may ask for parts of the trial to be reread by the court reporter, or to consult with the judge on legal issues. After reaching (or sometimes not reaching) a decision, the foreperson tells the bailiff that the jury has reached a verdict, and the bailiff delivers the message to the courtroom. The jury returns to the court, and the clerk of courts or the jury foreperson reads the verdict. The judge asks the jury if they all agree to the verdict, and if so, the court is dismissed. If a unanimous decision was not reached by all twelve members of the jury (commonly known as a "hung jury"), the judge may send them back into the deliberation room to try again, or the judge may declare a mistrial.

If the defendant is found guilty, the judge usually imposes a sentence in accordance with the law. The sentencing is affected by the degree of the offense, the defendant’s criminal history, whether the defendant concealed his identity during commission of the crime, whether the defendant was brandishing a weapon during commission of the crime, and other factors. Sometimes the jury may be asked to decide a sentence. In capital cases, a second trial may be held to decide whether to recommend capital punishment.

The process does not always end after a "guilty" verdict. A case may be appealed if the defendant is found guilty and the defense feels they were not given a fair trial, or if the law was not interpreted properly. However, appeals may only be made on matters of law. The appellate court reviews the case from the lower court, but does not retry the case; no witnesses are heard, no new evidence is presented, and there is no jury. The appellate court may uphold or affirm the lower court’s decision; it may reverse or overturn the decision; it may remand it and order the lower court to retry the case, sometimes with evidence excluded or with a change of venue; or it may amend or change the sentence imposed by the lower court.

The trial process is quite involved, but it is just and fair. Carefully thought out stages of the process assure careful protection of civil liberties, allowing our adversarial court system to present and determine the facts without infringing on anyone’s rights.

Works Cited

Carrel, Annette. It’s the Law!, A Young Person’s Guide to Our Legal System. Volcano: Volcano Press, 1994.

Courtroom Procedures. Guy E. Burnette, Jr. 12 May 2001. <http://www.interfire.org/res_file/courtprc.htm>

Criminal Process, The. 4 July 2000. Got Trouble. 12 May 2001. <http://www.gottrouble.com/legal/criminal
/criminal_law/criminalcourt.html>