The Criminal Case Process

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1. In order for an act to become a part of the criminal justice system, someone must first notice the act.
2. Then the act has to be defined as breaking a law.
3. The act then has to be reported to law enforcement.
4. Law enforcement will review the situation and redefine what may have happened.
5. If law enforcement feels that a crime has occurred, the act will be recorded as a crime known to police and the case will then enter into the system.

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One of the first decisions to be made is whether the police will investigate the crime or not. Given the number of crimes committed, not all can be investigated. For example, the police are more likely to investigate a report of a murder than they are of a snatched purse. The police also have to later make decisions about whether to make an arrest or to drop the investigation. These decisions may be based on whether or not they have a cooperative witness to the crime who will testify or whether they think the situation should be handled in a way different than an arrest. Legal standards require probable cause for a person to be taken into custody. Click the button to learn more.

When should it be used?

What is the Miranda Warning?

PA Sentencing Guidelines

Sentencing

If a defendant pleads not guilty to the crime, the criminal case will move forward toward a court trial. The defendant has the option of a trial by jury or by judge. The two options have different advantages. A judge trial may be a better option if the case rests on the interpretation of complex legal rules while a jury trial may be preferred if the case rests on emotion. If a defendant has pled guilty or been found guilty during a trial, the criminal case moves on to the sentencing phase. In some cases, the judge has no choice in the sentence as it is mandated by law. Depending on the crime, the judge might impose a fine, probation, court costs, or a sentence in prison. In an attempt to avoid bias, policymakers and criminal justice professionals use sentencing guidelines, which are used by judges to determine the type of punishment and its length based on the crime and mitigating circumstances.

What Happens at a Preliminary Hearing in PA

Preliminary Hearing

The preliminary hearing comes next. It is a preview of the trial in front of a judge for the court case to follow. The prosecution must show enough evidence to the judge to convince them that the criminal case should go forward. In other words, the prosecution has to show that it is reasonable to believe that the person committed the crime. The defense does not have to present any evidence in this hearing, and they have the advantage of getting to hear what evidence of the prosecution. Often, the decision on what plea to make (guilty or not guilty), or to participate in plea bargain negotiations, is made after hearing the prosecution’s evidence.

• Preliminary hearing- a preview of trial in front of a judge
• Prosecution- must show enough evidence to convince the judge to move forward with a trial
• Defense attorney- gets to hear evidence against client

Pew Research

What percentage of crimes are reported to police, and what percentage are solved?

Most violent and property crimes in the U.S. are not reported to police, and most of the crimes that are reported are not solved. Fewer than half of crimes in the U.S. are reported, and fewer than half of reported crimes are solved In its annual survey, BJS asks crime victims whether they reported their crime to police or not. In 2019, only 40.9% of violent crimes and 32.5% of household property crimes were reported to authorities. BJS notes that there are a variety of reasons why crime might not be reported, including fear of reprisal or “getting the offender in trouble,” a feeling that police “would not or could not do anything to help,” or a belief that the crime is “a personal issue or too trivial to report.” Most of the crimes that are reported to police, meanwhile, are not solved, at least based on an FBI measure known as the clearance rate. That’s the share of cases each year that are closed, or “cleared,” through the arrest, charging and referral of a suspect for prosecution, or due to “exceptional” circumstances such as the death of a suspect or a victim’s refusal to cooperate with a prosecution. In 2019, police nationwide cleared 45.5% of violent crimes that were reported to them and 17.2% of the property crimes that came to their attention.

The US Constitution says that for a person to be taken into custody (or “seized”) probable cause must exist that the person committed a crime. Probable cause means that the person’s potential guilt of a crime is high enough to “seize” them. For example, if a person is seen driving a stolen car, the potential for their guilt would be great enough that the police could take the person into custody. During their investigation, the police also have to abide by rules about how evidence about the crime is gathered.

Miranda Rights/Warning

It is important to note that police are only required to Mirandize a suspect if they intend to interrogate that person under custody. Arrests can occur without the Miranda Warning being given. If the police later decide to interrogate the suspect, the warning must be given at that time. Their vigilance to this rule means less chance of a case being overturned in court due to poor procedure on their part.

After the preliminary hearing, the prosecutor has to decide whether to charge the individual with the crime and move forward. The prosecutor also decides whether to put the case before a grand jury and what evidence to present to the grand jury. A grand jury is a panel of citizens who hear the prosecution’s case in secret hearings and decide whether the individual should be formally charged. The grand jury can issue an indictment or an accusation of guilt against the defendant.