16: Criminal Justice Process

State Attorney

An attorney or staff of attorneys empowered to prosecute cases on behalf of a government and its people.

Public Defender / Defense Attorney

An attorney or a staff of attorneys, usually publicly appointed, having responsibility for the defense of those unable to afford or obtain legal assistance.

Subpoena

A writ used for summoning witnesses or requiring the submission of evidence before a court or deliberative body.

Criminal

A person who has committed a crime.

Civil

A set of rules that handles private disputes between people or organizations rather than crimes against the government.

Burden of proof

The duty of proving a disputed charge.

Defendant

An individual, company, or institution sued or accused in a court of law. 

Victim

A person who has been harmed or deprived of their property or belongings as a result of a crime, accident, or other event or action.

Beyond of a reasonable doubt

The highest legal standard of proof, requiring jurors to be 100% convinced of a defendant's guilt before convicting them.

A Crime is Commited

An arrest is made.

First Appearance Hearing

A court hearing held within 24 hours of an arrest where a judge hears facts and decides if a bond should be set for the defendant's release and if so, how much.

Filing Decision

The process where the State Attorney reviews the arrest paperwork and subpoenas victims or witnesses for testimony to determine if there is enough evidence to file formal charges.

Arraignment

A court appearance where the defendant is required to appear in Court to state whether he or she is guilty or not guilty.

Deposition

A pre-trial interview where the Defense attorney questions witnesses and involved parties under oath in front of an official court reporter.

Plea Negotiations

A pre-trial phase where the defendant can plead guilty or no contest to be sentenced or considered for a pretrial diversion program.

Trial

The fact proving phase of a case held to determine the guilt or innocence of the defendant.

Bench Trial

In this trial, the judge decides the issues of fact without a jury.

Jury Trial

In this trial, the jurors resolve disputed facts.

Sentencing

The phase executed by a judge where the penalty for a crime is decided. It can include fines, probation, incarceration, or a combination of both.

Appeals

A request filed by attorneys for an appellate court to review a case.

If an Appellate Court reverses a case

The case returns to trial court for retrial.