How the Justice System Works

The justice system is not an easy thing to understand for many people. It can become even more complex when you are involved with the system, as a victim or a perpetrator and trying to figure out what happens next. It is definitely an overwhelming process that you should seek s skilled attorney to guide you through. The easiest way to think of the justice system is that of an assembly line. The analogy I think works best is how one piece fits into the next until you have a complete cycle or product of justice.

The assembly line of justice

Have you ever been curious as to how the justice process actually works? Here is a simple breakdown for easy reference:

1) A crime is committed. On the average there are approximately 14 million crimes reported a year. This doesn’t’t count the crimes which are not reported.

2) An Arrest is made; the suspect is taken into custody.

3) The Initial court appearance. The accused will be read the charges; bail may or may not be set depending on the charges. The preliminary hearing is then scheduled.

4) Bail may be given depending on the circumstances and is a guarantee that the released defendant will return to court. In some cases PR bonds are given, which is a personal recognizance bond which is an honor bond of sorts.

5) The Preliminary hearing is held to determine if there is probable cause to hold the defendant.

6) Formal charges are filed against the defendant.

7) The grand jury reviews the charges against the defendant. A Grand Jury consists of citizens who decide if there is enough evidence to charge the defendant.

8) The Arraignment is where the defendant is informed of the pending charges against them. It is at this time that the defendant will be asked to enter their plea of guilty, not guilty or no contest.

9) Evidence is exchanged with all of the members of the case. The prosecutor must turn over anything they plan to use during the case/trial to the defense attorney and others involved.

10) The Plea negotiations may or may not take place. Again it really depends on the case. The defendant may receive a better deal in the end by pleading guilty to a lesser charge. It is a fact that almost 95% of felony defendants admit their guilt and opt to take a plea agreement over the trial process.

11) The trial takes place if the defendant has not taken a plea agreement. The trial is held either before a jury of twelve peers, or a single judge. This is a process which looks at the facts and the laws that may have been broken. The burden of proof is on the prosecution.

12) Sentencing takes place either after the trial or it may be set for a future date. This is when a sentence is imposed on the defendant who has been convicted/found guilty of a crime. It is estimated that there are approximately 6.3 million people in prison, on parole or probation.

13) The Appeals process is when the defendant does not agree with the conviction and appeals their case to a higher court. It is estimated that only 6% of convicted defendants win their appeals case.