CJ - The Criminal Justice Process Lesson
The Criminal Justice Process Lesson
Trial Process
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Step 1
A grand jury is composed of sixteen to twenty-three citizens who come together and review evidence before determining if a person should be accused of the crimes they committed.
Step 2
A grand jury can use subpoenas, or court orders, and call witnesses to help produce evidence that can be used during a trial.
Step 3
Once a grand jury determines there is enough evidence for a trial, they issue an indictment, or formal complaint of wrong doing for criminal activity against an individual.
Step 4
The accused that is charged can wave their rights to be indicted by a grand jury. If this happens, the prosecutor can bring charges of the crimes the person has committed.
Step 5
The accused is then arrested and taken into custody. Depending on the crime committed, a person can either be arrested before or after an indictment.
Step 6
A hearing is a formal reading of charges against the accused. At the hearing, bail is generally set. Bail is a financial promise pledged by the accused to return to course for trial. Bail money is returned if the accused shows up for a trial. If the accused does not show up for trial, then the bail money is forfeited.
Step 7
The accused then enters a plea at the hearing - guilty or not guilty. The accused may plead guilty in hopes of getting a lesser charge through a plea bargain. A plea bargain is an agreement between the prosecutor and defendent whereby the defendant agrees to pleads guilty to a less serious charge, one of several charges, or in return for a dismissal of charges. Most criminal cases are settled through plea bargaining.
Step 8
If the accused pleads not guilty, or does not accept the plea bargain between the prosecutor and defendent, then a trial is set.
Step 9
If the accused is found guilty at the trial, a separate sentencing hearing takes place. A sentence depends on the crime and the severity of the crime. Sentences may include: probation, imprisonment, and capital punishment which is punishment by death.
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