Sticking to criminal cases and having no knowledge of the system make it difficult to devise a strategy. Looking for your rights requires you to know about the structure of the criminal justice system. Indeed, the CJS is confusing and complex; therefore, people looking for a consultation with expert legal attorneys to understand the case and its levels.
Criminal Justice is a system that involves multiple phases that initiate from the investigation and end with compensation or punishment. The phases can also include the arresting and the trials. This way, understanding the Criminal Justice Process helps you assess all the case proceedings’ levels. Assessing all phases also clarifies the strategy you and your attorney will use to be successful in the future.
Let’s dive down to each step in the Criminal Justice System that will help you make well-informed decisions. You can also consult with the Criminal Lawyer in Ottawa.
The Major Steps of Criminal Case Processing
Investigation
Every criminal case starts with an investigation. In this case, the police play a crucial role in assessing the clues, collecting the evidence, and nominating the people involved in the crime. Once the police get the evidence, it helps them locate the person or place where the crime was committed.
Arrest
After collecting the evidence, police will arrest the suspects to proceed with the case. The arresting phase helps the police to talk with the suspects and clarify all the gaps. Police can also include an investigation agency to locate criminals, and they can arrest suspects for solid reasons. Otherwise, the law does not permit anyone to capture one without any reason.
Prosecution
The prosecution involves the district attorney who represents the government. The DA decides whether the charges will be charged or not. This way, the legal entities will look for specific laws and decide. DA also checks the evidence against the people or persons accused of a crime. Moreover, there should be enough reasons to charge the money as a penalty from the suspects.
Indictment
Indictment is the most important step of the Criminal Justice System. In this phase, the jury spends time understanding the evidence the prosecutor provides. Based on the evidence, the jury will decide whether or not the court will charge the charges. The proceeding in which the jury is involved remains in the secret. Only the prosecutor faces the jury, not the attorney.
Arraignment
Arraignment is another important step where the defendant appears in court for the first time. In this phase, the jury will also tell the defendant about the charges. In response to these charges, the defendant can submit a response to show whether he/she is guilty or not.
If the defendant is guilty, it means he/she has accepted the charges. The second case comes when the defendant is not guilty means he/she denies the charges.
Pretrial Detention
Pretrial detention is the period in which a person remains in the custody of police before starting the actual trial. If there is a risk to the public from the defendant, the court states that the defendant will be in custody. Otherwise, the defendant will be released on bail.
Trial
Trial is the legal procedure through which the accused is found either ‘guilty’ or ‘not guilty’ of the alleged crime. The trial can be conducted either before a judge alone or before a judge and the jury. When a criminal case is tried by a judge and not a jury, the judge also decides if the defendant is guilty or not. In a jury trial, a dozen ‘common’ individuals gathered in the jury weigh the evidence offered before the trial court and render the verdict.
Punishment
After assessing all the witnesses and evidence, the punishment will be decided if the court, judge, or jury concludes that the defendant is guilty. The sentence can be a fine or a prison, according to the nature of the crime.
Final Verdict
Entering the realm of the criminal justice system is not easy however, knowing the process is helpful. This process starts with many cases; only strong cases are retained as events progress. This is because as the level of expected competency increases, so must the level of scrutiny required by the system. Hence, a routine random encounter on the street calls for even less evidence than an arrest, and the arrest requires less than a conviction.
Insight as to how the criminal justice process works is always a plus. It gives you a real idea of why such claims are important and why having good evidence and adequate legal assistance is vital. This means whether you are at the beginning of the process or are well into it, knowing each level prepares you for what comes next and being able to assert your rights to the optimum.