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So, in Tom Sawyer Detective, Tom participates in the criminal justice system of his time to help prove his Uncle Silas’ innocence-- though, since this story is set nearly two hundred years ago, the criminal justice process depicted is a bit different from what we have today. How does the modern criminal justice system work? Below is a breakdown of the broad strokes process.
Arrest: The first step. A person can be arrested if an officer sees them commit an offense, if an officer has probable cause of an offense, or if there is a warrant issued out for the person by a judge. Miranda rights are usually read by the arresting officers, which tell the arrested person what their rights are while under arrest. Bail: Once arrested, the defendant, or accused person, may or may not be granted bail, which is money paid to temporarily release someone who has been arrested, depending on the seriousness of the charge and the reputation of the person arrested (ie prior criminal history). Bond may be set by a judge at any value, and if the charge is not serious the bond may be very small. Some defendants are even released on their own recognizance. Regardless, the suspect has to agree in writing to show up for future court hearings to obtain bail or to be released without bail, as though they don’t have to stay in prison until their trial in these circumstances, they still must stand trial for the crime they are accused of. Arraignment: The name of the suspect’s first court date, the arraignment is held in front of a judge to determine if the suspect wishes to plead guilty, not guilty, or no contest to the charges filed. Once the suspect has pleaded, the judge reviews the bail, if applicable, and sets future court dates. Grand Jury or Preliminary Hearing: Some states use the former method, while others use the latter-- both are similar. At this stage, evidence is presented either to a judge or to a grand jury, to determine if there is sufficient evidence to proceed to trial. A preliminary hearing is adversarial, which means the defense, or the lawyer for the defendant, can present a case as well as the prosecution, which is the lawyer that is pursuing charges against the defendant; in a grand jury, however, only the prosecution presents the case. If sufficient evidence is presented then the judge or the grand jury will indict the defendant, or require the suspect to go to trial. Discovery: While not a separate step, this process is extremely important to the criminal and civil legal process. Both the defense lawyer and the prosecution are required to provide all important information they have to the other side before use in court. This is meant to provide fairness to both sides and to ensure that each side has an opportunity to accept or refute the evidence that the other side will be presenting. Pre-Trial: Prior to the trial there may be motions by both sides to ensure each understands what evidence is allowable and what testimony will be admissible. This step is critical to each side in preparing their cases. Trial: Dependent on the circumstances, the trial may be in front of a judge only, or in front of a judge and jury. The trial will determine guilt or innocence of the defendant. Sometimes there is a hung jury (meaning the jury can’t decide on a majority decision on the defendant’s guilt or innocence), which requires a new trial. Sometimes there is a mistrial because of something improper that has occurred during the trial period. Typically, though, the judge or jury will make a decision about the guilt or innocence of the defendant after hearing the evidence, and after listening to the witnesses and observing cross examination of both the evidence and the witnesses. Sentencing: If found guilty, the defendant is now considered a criminal and will be sentenced in some form by the court (it isn’t always left entirely up to the judge; the jury may have a say in the sentencing as well). The court takes into account all the factors of the trial, including the nature and severity of the crime, the defendant’s history, and any other circumstances that may apply to determine the sentence. Appeal: An individual convicted of a crime has the right to appeal to a higher court to try and overturn their conviction. Sometimes the appeal can go to the highest court in the state or the highest court in the nation, the Supreme Court. The higher court may overturn the conviction and require a new trial, overturn the conviction without requiring a new trial, setting the defendant free, or uphold (agree with the previous decision) the conviction. The defendant does have to begin his or her prison sentence while going through the appeal process-- if and until a conviction is overturned, the original conviction and sentence stands and must be carried out. These are the common steps in the modern American criminal justice system, from arrest to conviction or finding of innocence. The state where you live may vary somewhat from these procedures, but the jist in all states is the same. Don’t worry-- one of these days you’ll probably get selected for jury duty, and you’ll get your fill of this process then! Just be glad then, though, that you’re in the jury and not like Uncle Silas-- the one on trial! |
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GLOSSARY
Admissible acceptable or valid, especially evidence in a court of law.
Adversarial a type of legal hearing where both the prosecution and defense can present evidence.
Bail the temporary release of an accused person awaiting trial, sometimes with a condition that a sum of money be paid to guarantee their appearance in court.
Bond an agreement with legal force.
Defendant an individual, company, or institution sued or accused in a court of law.
Hung Jury a jury that cannot agree on a verdict after extended deliberation.
Indict formally accuse of or charge with a serious crime.
Jury Duty requirement of a citizen to serve on a jury.
Miranda Rights a type of notification customarily given by police to criminal suspects in police custody advising them of their right to silence.
Mistrial a trial made invalid by an error in its proceedings.
Overturn action of a higher court to disagree with a decision made earlier by a lower court and reversing or altering its judgment and sentencing.
Recognizance a bond taken by a defendant before a court, such as his or her release without having to pay bail while still having an obligation to return for a future court appearance.
Uphold action of a higher court to agree with a decision made earlier by a lower court and agreeing with its judgment and sentencing.
Warrant official legal document, granted by a judge, authorizing police to make an arrest.
Adversarial a type of legal hearing where both the prosecution and defense can present evidence.
Bail the temporary release of an accused person awaiting trial, sometimes with a condition that a sum of money be paid to guarantee their appearance in court.
Bond an agreement with legal force.
Defendant an individual, company, or institution sued or accused in a court of law.
Hung Jury a jury that cannot agree on a verdict after extended deliberation.
Indict formally accuse of or charge with a serious crime.
Jury Duty requirement of a citizen to serve on a jury.
Miranda Rights a type of notification customarily given by police to criminal suspects in police custody advising them of their right to silence.
Mistrial a trial made invalid by an error in its proceedings.
Overturn action of a higher court to disagree with a decision made earlier by a lower court and reversing or altering its judgment and sentencing.
Recognizance a bond taken by a defendant before a court, such as his or her release without having to pay bail while still having an obligation to return for a future court appearance.
Uphold action of a higher court to agree with a decision made earlier by a lower court and agreeing with its judgment and sentencing.
Warrant official legal document, granted by a judge, authorizing police to make an arrest.
