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What is the sequence of events in the criminal system?

Sentencing Entry into the system Prosecution and pretrial services and Refusal to indict Charge dismissed Acquitted Appeal Grand Habeas Pardon and Capital corpus clemency Revocation Arraignment Convicted Sentencing Felonies 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) Reported and Reduction observed Intermediate of charge Revocation 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 enforcement, , or

Waived to Probation or other 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 system. Procedures vary President's Commission on and Administration among . 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 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 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 response to serious criminal The court often bases its pre- mitment to stop criminal be- have joined with criminal jus- alsosequi drop charges after making 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. ). 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 court may decide to release the criminal justice process by re- the criminal justice system spond to most crime because or 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 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 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 , 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 hearing, the case may be ble for diversion from prosecu- cused may ask for a 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, some have determinate sen- of specific conditions such as jury, serves as the finder of often rely on presentence in- tencing that stipulate a A grand jury hears 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. may be available to and ceration usually serve time in a ment, a written statement of Adjudication include one or more of local jail or a State prison. Of- the essential facts of the of- After the trial a defendant may the following: fenders sentenced to less than fense charged against the Once an indictment or informa- request appellate review of the • the death penalty 1 year generally go to jail; accused. tion has been filed with the trial or sentence. In • incarceration in a prison, jail, those sentenced to more than court, the accused is sched- some cases, appeals of con- or other confinement facility 1 year go to prison. Persons Where the grand jury system is uled for arraignment. At the victions are a matter of right; • probation  allowing the admitted to the Federal system used, the grand jury may also arraignment, the accused is in- all States with the death pen- convicted person to remain at or a State prison system may investigate criminal activity formed of the charges, advised alty provide for automatic ap- liberty but subject to certain be held in with varying generally and issue indict- of the rights of criminal defen- peal of cases involving a death conditions and restrictions levels of custody or in a com- ments called grand jury origi- dants, and asked to enter a sentence. Appeals may be such as drug testing or drug munity correctional facility. nals that initiate criminal plea to the charges. Some- subject to the discretion of the treatment cases. These investigations appellate court and may be times, a plea of guilty is the re- • fines  primarily applied as A may become eligi- and indictments are often used sult of negotiations between grantedof certiorari only on acceptance of ble for parole after serving a penalties in minor offenses in drug and conspiracy cases the prosecutor and the a defendant's petition for a writ specific part of his or her sen- •  requiring the that involve complex organiza- defendant. . may tence. Parole is the conditional tions. After such an indict- also appeal their sentences offender to pay compensation release of a prisoner before the ment, law enforcement tries to If the accused pleads guilty or through civil rights petitions to the victim. prisoner's full sentence has apprehend and arrest the sus- pleads nolo contendere (ac- and writs of habeas corpus In some jurisdictions, offenders been served. The decision to pects named in the indictment. cepts penalty without admitting where they claim unlawful may be sentenced to alterna- grant parole is made by an guilt), the judge may accept or detention. tives to incarceration that are authority such as a parole Misdemeanor cases and some reject the plea. If the plea is considered more severe than board, which has power to felony cases proceed by the is- accepted, no trial is held and Sentencing and sanctions straight probation but less se- grant or revoke parole or to suance of an information, a the offender is sentenced at vere than a prison term. Ex- discharge a parolee altogether. formal, written accusation sub- this proceeding or at a later After a conviction, sentence is amples of such sanctions The way parole decisions are mitted to the court by a prose- date. The plea may be re- imposed. In most cases the include boot camps, intense made varies widely among cutor. In some jurisdictions, jected and proceed to trial if, judge decides on the sentence, supervision often with drug jurisdictions. indictments may be required in for example, the judge believes but in some jurisdictions the treatment and testing, house felony cases. However, the ac- that the accused may have sentence is decided by the jury, arrest and electronic monitor- Offenders may also be re- cused may choose to waive a been coerced. particularly for capital offenses. ing, denial of Federal benefits, quired to serve out their full grand jury indictment and, in- and . sentences prior to release (ex- stead, accept service of an in- If the accused pleads not guilty In arriving at an appropriate piration of term). Those sen- formation for the crime. or not guilty by reason of in- sentence, a sentencing hearing In many jurisdictions, the law tenced under determinate sanity, a date is set for the may be held at which evidence mandates that persons con- sentencing laws can be victed of certain types of released only after they have The juvenile justice system prosecuting attorney deter- If a petition for an adjudicatory Following release from an insti- served their full sentence Juvenile courts usually have mines whether sufficient hearing is accepted, the juve- tution, juveniles are often or- (mandatory release) less any jurisdiction over matters con- grounds exist to warrant filing a nile may be brought before a dered to a period of aftercare "goodtime" received while in cerning children, including de- petition that requests an adju- court quite unlike the court with which is similar to parole su- prison. Inmates get goodtime linquency, neglect, and dicatory hearing or a request to jurisdiction over adult offend- pervision for adult offenders. credits against their sentences adoption. They also handle transfer jurisdiction to criminal ers. Despite the considerable Juvenile offenders who violate automatically or by earning "status offenses" such as tru- court. At this point, many juve- discretion associated with juve- the conditions of aftercare may them through participation in ancy and running away, which niles are released or diverted to nile court proceedings, juve- have their aftercare revoked, programs. are not applicable to adults. alternative programs. niles are afforded many of the resulting in being recommitted State define which due-process safeguards asso- to a facility. Juveniles who are If released by a parole board persons are under the original All States allow juveniles to be ciated with adult criminal . classified as youthful offenders decision or by mandatory re- jurisdiction of the juvenile tried as adults in criminal court Several States permit the use and violate the conditions of af- lease, the releasee will be un- court. The upper age of juve- under certain circumstances. of juries in juvenile courts; tercare may be subject to adult der the supervision of a parole nile court jurisdiction in delin- In many States, the however, in light of the U.S. sanctions. officer in the community for the quency matters is 17 in most statutorily excludes certain Supreme Court holding that ju- balance of his or her unexpired States. (usually serious) offenses from ries are not essential to juve- The governmental response sentence. This supervision is the jurisdiction of the juvenile nile hearings, most States do to crime is founded in the in- governed by specific conditions The processing of juvenile of- court regardless of the age of not make provisions for juries tergovernmental structure of of release, and the releasee fenders is not entirely dissimi- the accused. In some States in juvenile courts. the may be returned to prison for lar to adult criminal processing, and at the Federal level under violations of such conditions. but there are crucial differ- certain circumstances, prose- In disposing of cases, juvenile Under our form of government, ences. Many juveniles are re- cutors have the discretion to courts usually have far more each State and the Federal ferred to juvenile courts by law either file criminal charges discretion than adult courts. In Government has its own crimi- enforcement officers, but many against juveniles directly in addition to such options as nal justice system. All systems Once the suspects, defen- others are referred by school criminal courts or proceed probation, commitment to a must respect the rights of indi- dants, or offenders are re- officials, social services agen- through the juvenile justice residential facility, restitution, viduals set forth in court inter- leased from the jurisdiction of a cies, neighbors, and even par- process. The 's or fines, State laws grant juve- pretation of the U.S. criminal justice agency, they ents, for behavior or conditions intake department or the nile courts the power to order and defined in may be processed through the that are determined to require prosecutor may petition the ju- removal of children from their . criminal justice system again intervention by the formal sys- venile court to waive jurisdic- homes to foster homes or for a new crime. Long term tem for . tion to criminal court. The treatment facilities. Juvenile State and laws studies show that many sus- juvenile court also may order courts also may order partici- define the criminal justice sys- pects who are arrested have At arrest, a decision is made referral to criminal court for pation in special programs tem within each State and prior criminal histories and either to send the matter fur- trial as adults. In some juris- aimed at shoplifting prevention, delegate the authority and re- those with a greater number of ther into the justice system or dictions, juveniles processed drug counseling, or driver sponsibility for criminal justice prior arrests were more likely to divert the case out of the as adults may upon conviction education. to various jurisdictions, offi- to be arrested again. As the system, often to alternative be sentenced to either an adult cials, and institutions. State courts take prior criminal his- programs. Examples of alter- or a juvenile facility. Once a juvenile is under juve- laws also define criminal be- tory into account at sentencing, native programs include drug nile court disposition, the court havior and groups of children most prison inmates have a treatment, individual or group In those cases where the juve- may retain jurisdiction until the or acts under jurisdiction of the prior criminal history and many counseling, or referral to edu- nile court retains jurisdiction, juvenile legally becomes an juvenile courts. have been incarcerated before. cational and recreational the case may be handled for- adult (at age 21in most Nationally, about half the in- programs. mally by filing a delinquency States). In some jurisdictions, Municipalities and counties fur- mates released from State petition or informally by divert- juvenile offenders may be clas- ther define their criminal justice prison will return to prison. When juveniles are referred to ing the juvenile to other agen- sified as youthful offenders systems through local ordi- the juvenile courts, the court's cies or programs in lieu of which can lead to extended nances that proscribe the local intake department or the further court processing. sentences. agencies responsible for criminal justice processing that Discretion is exercised Who exercises discretion? were not established by the throughout the criminal jus- These criminal justice officials . . . . . must often decide whether or not or how to  State. tice system

Congress has also established Discretion is "an authority con- Police Enforce specific laws a criminal justice system at the ferred by law to act in certain Investigate specific crimes Federal level to respond to conditions or situations in ac- Search people, vicinities, buildings Federal crimes such as bank cordance with an official's or Arrest or detain people robbery, kidnaping, and trans- an official agency's own con- File charges or petitions for adjudication porting stolen goods across sidered and Seek indictments State lines. 1 conscience." Discretion is ex- Drop cases ercised throughout the govern- Reduce charges The response to crime is ment. It is a part of mainly a State and local decisionmaking in all govern- Judges or Set bail or conditions for release function ment systems from mental Accept pleas health to education, as well as Determine delinquency Very few crimes are under ex- criminal justice. The limits of Dismiss charges clusive Federal jurisdiction. discretion vary from jurisdiction Impose sentence The responsibility to respond to to jurisdiction. Revoke probation most crime rests with State Correctional officials Assign to type of correctional facility and local governments. Police Concerning crime and justice, Award privileges protection is primarily a func- legislative bodies have recog- Punish for disciplinary infractions tion of cities and towns. Cor- nized that they cannot antici- Determine date and conditions of parole rections is primarily a function pate the range of circum- Paroling authorities Revoke parole of State governments. Most stances surrounding each justice personnel are employed crime, anticipate local mores, at the local level. and enact laws that clearly en- compass all conduct that is To ensure that discretion is ex- The limits of discretion vary Notes criminal and all that is not.2 ercised responsibly, govern- from State to State and locality Therefore, persons charged ment authority is often to locality. For example, some 1 Roscoe Pound, "Discretion, with the day-to-day response to delegated to professionals. State judges have wide discre- dispensation and mitigation: crime are expected to exercise Professionalism requires a tion in the type of sentence The problem of the individual their own judgment within lim- minimum level of training and they may impose. In recent special case," New York Uni- its set by law. Basically, they orientation, which guide offi- years other States have sought versity Law Review (1960) must decide  cials in making decisions. The to limit the judge's discretion in 35:925, 926. • whether to take action professionalism of policing is sentencing by passing manda- due largely to the desire to en- tory sentencing laws that re- 2 • where the situation fits in the Wayne R. LaFave, Arrest: sure the proper exercise of po- quire prison sentences for The decision to take a suspect scheme of law, rules, and lice discretion. certain offenses. into custody (Boston: Little, Brown & Co., 1964), p. 63-184. • which official response is 3 appropriate. 3 Memorandum of June 21, 1977, from Mark Moore to James Vorenberg, "Some ab- stract notes on the issue of discretion."