Writer: Ali Graupmann
Editer: Catherine Donohue
3/26/2023
The number of people who have little to no knowledge of the basic mechanics of the American criminal justice system is surprising. Even if the court does not summon you personally, there is a likelihood that prosecutors or defense attorneys will call a family member or a friend to the stand. For those who read this piece, it is likely because you choose to work in or around the justice system. Regardless of your reasoning for encountering the court system, a flash course is always a good idea. This quick read will walk you through the process, starting with law enforcement contact and ending with the appeal.
After receiving a citation or getting charged with a criminal act by your local law enforcement, they will likely hold you in a county jail. You will appear in court for your initial appearance within a few days. You can expect the judge to inform you of the alleged charges at the initial appearance. They are only ‘alleged charges’ at this point because they are legally only allegations until proven otherwise. Along with advising you of the charges, the court must notify you of the potential penalties associated with each charge. Lastly and arguably most importantly, the judge will determine the appropriate bail during the initial appearance. The purpose of bail is to ensure that the defendant will appear for all their court dates. Judges often call for cash bail or allow a signature bond. A cash bail is simply a sum of money that enables the jail to release the defendant from custody under the condition that they will return for their court dates. A signature bond works similarly, but it has no fee. The defendant and judge must sign a form indicating that the defendant will appear for their court dates.
Often felony charges will move on to the next phase in court. This phase is called the preliminary hearing and typically occurs 10-20 days after the initial appearance. This court date aims to determine whether the charge is worth prosecuting. The court is always backlogged, and this hearing determines whether it is worth the courts’ time and resources to prosecute. In this hearing, the prosecution will present its rationale for pursuing this case, and the defense can provide a sales pitch as to why the state should not prosecute.
Following the preliminary hearing, the next date the court will schedule is the arraignment. During the arraignment, the judge formally read the charges the defendant is facing. The defendant is also allowed to enter a plea of either ‘guilty’ or ‘not guilty.’ Most defendants enter a ‘guilty’ plea for the sole reason of negotiating a shorter sentence. In the rare case that a defendant pleads ‘not guilty,’ the court will arrange a trial. However, more often than not, cases will not even go to trial. A trial is the phase of the court that is often wildly publicized. When thinking of a court, you are thinking of a trial. If a case goes to trial, the prosecution and the defense will spend ample time compiling resources, witnesses, victims, and experts to support their arguments.
Judges will schedule a sentencing hearing regardless of whether the arraignment leads to a trial. At the sentencing hearing, both the prosecution and the defense can suggest a sentence. In the end, the decision comes down to the judge, who considers (a) the character of the offender, (b) the need for public protection, and (c) the severity of the offense. During this phase, it is also the time for the judge to consider aggravating and mitigating circumstances as they deem fit. If the judge gives a prison sentence to the defendant, they must provide both a period of confinement and extended supervision to compose the sentence.
Lastly, if a defendant does not believe they had a fair trial, they can take their case to an appellate court. Here, they will retry the case and either rule in favor of the circuit court or they will rule in favor of the defendant and pass the case up to a higher appellate court. A defendant may be encouraged to attend status and schedule conferences at any point. The judge dedicates these court dates to keeping everyone informed and ensuring the proceedings flow smoothly.
In a perfect world, no one would encounter the justice system. However, it is always better to be safe than sorry. By this, I suggest that it is better to have knowledge of the justice system and not put it to use than it is to be clueless about such a fundamental branch of the United States Government.
Reference
“Criminal Court Process.” Marathon County District Attorney. Accessed March 6, 2023.
https://www.co.marathon.wi.us/Departments/DistrictAttorney/CriminalProcess.aspx.
Hogan, Timothy. “What Happens during Sentencing Hearing.” Hogan Eickhoff, January 30,
2023. https://www.hoganeickhoff.com/blog/what-is-a-sentencing-hearing-and-what-happens-during-one/.
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