NCJ Number
188467
Date Published
2002
Length
8 pages
Annotation
This chapter explains every step of the criminal justice process in America, from the time a crime is committed to the final disposition of the case.
Abstract
The private sector initiates the response to crime by mounting crime prevention measures and reporting crimes that occur. Many of the services required to prevent crime and make neighborhoods safe are provided by noncriminal justice agencies, including agencies with primary concern for public health, education, welfare, public works, and housing. Criminal cases, however, are brought by the government through the criminal justice system. Once a law enforcement agency has established that a crime has been committed, a suspect must be identified and apprehended for the case to proceed through the system. After an arrest, law enforcement agencies present information about the case and about the accused to the prosecutor, who decides whether formal charges will be filed with the court. If no charges are filed, the accused must be released. The prosecutor can also drop charges after making efforts to prosecute. A suspect charged with a crime must be taken before a judge or magistrate without unnecessary delay. At the initial appearance, the judge or magistrate informs the accused of the charges and decides whether there is probable cause to detain the accused person. If the offense is not very serious, the determination of guilt and assessment of a penalty may also occur at this stage. Other pretrial procedures can include a grand jury hearing and a bail hearing. Once an indictment or information has been filed with the trial court, the accused is scheduled for arraignment, when the accused is informed of the charges, advised of the rights of criminal defendants, and asked to enter a plea to the charges. After a conviction, the sentence is imposed. Sentence options can include one or more of the following: restitution, fines, probation, incarceration, and the death penalty. The concluding section of the chapter focuses on corrections and includes discussions of recidivism and the juvenile justice system. The chapter advises that the governmental response to crime is founded in the intergovernmental structure of the United States, and the response to crime is primarily a State and local function, with few crimes being under exclusive Federal jurisdiction.