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What Is the Sequence of Events in the Criminal Justice System? Color Version What is the sequence of events in the criminal justice system? Sentencing Entry into the system Prosecution and pretrial services Adjudication and sanctions Corrections Refusal to indict Charge dismissed Acquitted Appeal Grand jury Probation Habeas Pardon and Capital corpus clemency punishment Revocation Arraignment Trial Convicted Sentencing Felonies Prison Unsolved Released Released Charges Charges Out of system or not without without dropped dropped Guilty plea (registration, arrested prosecution prosecution or dismissed or dismissed Information notification) Parole Reported and Reduction observed Intermediate of charge Revocation crime Investi- sanctions gation Charges Initial Bail or Out of system Arrest Preliminary filed appearance detention Charge hearing hearing dismissed Acquitted Jail Crime Arraignment Information Trial Convicted Sentencing Revocation Out of system Misdemeanors Guilty plea Prosecution as a Unsuccessful Probation juvenile diversion Out of system Diversion by law enforcement, prosecutor, or court Waived to Probation or other Police criminal nonresidential disposition juvenile Intake court Formal juvenile or youthful hearing offender court processing Adjudication Disposition Revocation Juvenile unit Residential offenders placement Out of system Informal processing Nonpolice referrals diversion Released or Released or Released Aftercare diverted diverted Source: Adapted from The challenge of crime in a free society. Note: This chart gives a simplified view of caseflow Revocation through the criminal justice system. Procedures vary President's Commission on Law Enforcement and Administration among jurisdictions. The weights of the lines are not of Justice, 1967. This revision, a result of the Symposium on intended to show actual size of caseloads. the 30th Anniversary of the President's Commission, was prepared by the Bureau of Justice Statistics in 1997. What is the sequence of events in the criminal justice system? The private sector initiates sector has a role to play. There is no single criminal jus- extensive investigation. Often, representation, the court will the response to crime Without such involvement, the tice system in this country. We no one is identified or appre- assign counsel at the public's criminal justice process cannot have many similar systems hended. In some instances, a expense. This first response may come serve the citizens it is intended that are individually unique. suspect is arrested and later from individuals, families, to protect. Criminal cases may be han- the police determine that no A pretrial-release decision may neighborhood associations, dled differently in different ju- crime was committed and the be made at the initial appear- business, industry, agriculture, The response to crime and risdictions, but court decisions suspect is released. ance, but may occur at other educational institutions, the public safety involves many based on the due process hearings or may be changed at news media, or any other pri- agencies and services guarantees of the U.S. Consti- Prosecution and pretrial another time during the proc- vate service to the public. tution require that specific services ess. Pretrial release and bail Many of the services needed to steps be taken in the admini- were traditionally intended to It involves crime prevention as prevent crime and make neigh- stration of criminal justice so After an arrest, law enforce- ensure appearance at trial. well as participation in the borhoods safe are supplied by that the individual will be pro- ment agencies present infor- However, many jurisdictions criminal justice process once a noncriminal justice agencies, tected from undue intervention mation about the case and permit pretrial detention of de- crime has been committed. including agencies with pri- from the State. about the accused to the fendants accused of serious of- Private crime prevention is mary concern for public health, prosecutor, who will decide if fenses and deemed to be more than providing private se- education, welfare, public The description of the criminal formal charges will be filed with dangerous to prevent them curity or burglar alarms or par- works, and housing. Individual and juvenile justice systems the court. If no charges are from committing crimes prior ticipating in neighborhood citizens as well as public and that follows portrays the most filed, the accused must be re- to trial. watch. It also includes a com- private sector organizations common sequence of events in leased. The prosecutor can mitment to stop criminal be- have joined with criminal jus- response to serious criminal also drop charges after making The court often bases its pre- havior by not engaging in it or tice agencies to prevent crime behavior. efforts to prosecute (nolle pro- trial decision on information condoning it when it is commit- and make neighborhoods safe. sequi). about the defendant's drug ted by others. Entry into the system use, as well as residence, em- Criminal cases are brought A suspect charged with a crime ployment, and family ties. The Citizens take part directly in the by the government through The justice system does not re- must be taken before a judge court may decide to release the criminal justice process by re- the criminal justice system spond to most crime because or magistrate without unneces- accused on his/her own recog- porting crime to the police, by so much crime is not discov- sary delay. At the initial ap- nizance or into the custody of a being a reliable participant (for We apprehend, try, and punish ered or reported to the police. pearance, the judge or third party after the posting of a example, a witness or a juror) offenders by means of a loose Law enforcement agencies magistrate informs the ac- financial bond or on the prom- in a criminal proceeding and by confederation of agencies at all learn about crime from the re- cused of the charges and de- ise of satisfying certain condi- accepting the disposition of the levels of government. Our ports of victims or other citi- cides whether there is probable tions such as taking periodic system as just or reasonable. American system of justice has zens, from discovery by a cause to detain the accused drug tests to ensure drug As voters and taxpayers, citi- evolved from the English com- police officer in the field, from person. If the offense is not abstinence. zens also participate in crimi- mon law into a complex series informants, or from investiga- very serious, the determination nal justice through the of procedures and decisions. tive and intelligence work. of guilt and assessment of a In many jurisdictions, the initial policymaking process that af- Founded on the concept that penalty may also occur at this appearance may be followed fects how the criminal justice crimes against an individual Once a law enforcement stage. by a preliminary hearing. The process operates, the re- are crimes against the State, agency has established that a main function of this hearing is sources available to it, and its our justice system prosecutes crime has been committed, a Often, the defense counsel is to discover if there is probable goals and objectives. At every individuals as though they vic- suspect must be identified and also assigned at the initial ap- cause to believe that the ac- stage of the process from the timized all of society. However, apprehended for the case to pearance. All suspects prose- cused committed a known original formulation of objec- crime victims are involved proceed through the system. cuted for serious crimes have a crime within the jurisdiction of tives to the decision about throughout the process and Sometimes, a suspect is ap- right to be represented by an the court. If the judge does not where to locate jails and pris- many justice agencies have prehended at the scene; how- attorney. If the court deter- find probable cause, the case ons to the reintegration of in- programs which focus on help- ever, identification of a suspect mines the suspect is indigent is dismissed; however, if the mates into society, the private ing victims. sometimes requires an and cannot afford such judge or magistrate finds probable cause for such a be- In some jurisdictions, defen- trial. A person accused of a of aggravating or mitigating cir- offenses serve a prison term. lief, or the accused waives his dants, often those without prior serious crime is guaranteed a cumstances is considered. In Most jurisdictions permit the or her right to a preliminary criminal records, may be eligi- trial by jury. However, the ac- assessing the circumstances judge to set the sentence hearing, the case may be ble for diversion from prosecu- cused may ask for a bench trial surrounding a convicted per- length within certain limits, but bound over to a grand jury. tion subject to the completion where the judge, rather than a son's criminal behavior, courts some have determinate sen- of specific conditions such as jury, serves as the finder of often rely on presentence in- tencing laws that stipulate a A grand jury hears evidence drug treatment. Successful fact. In both instances the vestigations by probation agen- specific sentence length that against the accused presented completion of the conditions prosecution and defense pre- cies or other designated must be served and cannot be by the prosecutor and decides may result in the dropping of sent evidence by questioning authorities. Courts may also altered by a parole board. if there is sufficient evidence to charges or the expunging of witnesses while the judge de- consider victim impact cause the accused to be the criminal record where the cides on issues of law. The statements. Corrections brought to trial. If the grand defendant is required to plead trial results in acquittal or con- jury finds sufficient evidence, it guilty prior to the diversion. viction on the original charges The sentencing choices that Offenders sentenced to incar- submits to the court an indict- or on lesser included offenses.
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