What to expect - criminal defendants and the justice process - King County, Washington (2024)

FAQs

What are 3 factors that determine how an offender goes through the criminal justice process? ›

The sentence an offender convicted of a felony receives depends on the current crime, the offender's criminal history, and the discretion of the court.

Steps in the Criminal Justice Process. What are the steps in the criminal justice process? The following subsections are the formal criminal justice process steps in more detail: Investigation and arrest, pretrial process, adjudication, sentencing, and corrections.

In a criminal case, the prosecution bears the burden of proving that the defendant is guilty beyond all reasonable doubt. This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial.

The arraignment is the first time the defendant appears in court. That if he or she does not have enough money to hire a lawyer, the court will appoint a lawyer free of charge. The defendant may then respond to the charges by entering a plea.

he sentencing guidelines take into account both the seriousness of the offense and the offender's criminal history. The sentencing guidelines provide 43 levels of offense seriousness — the more serious the crime, the higher the offense level.

They have what is called "prosecutorial discretion." Prosecutors can look at all the circ*mstances of a case and the suspect, plus other factors pertaining to justice and public safety. For instance, prosecutors may consider: the suspect's background and criminal past (if any) whether the offense resulted in harm.

(a) A prosecutor should seek or file criminal charges only if the prosecutor reasonably believes that the charges are supported by probable cause, that admissible evidence will be sufficient to support conviction beyond a reasonable doubt, and that the decision to charge is in the interests of justice.

Discretion comes into play whenever police make choices about whether to arrest, investigate, search, question, or use force. Similarly, prosecutors exercise individual judgment in deciding whether to charge a person with a crime and whether to plea‐bargain.

Burden of Proof

The standard of proof in a criminal trial gives the prosecutor a much greater burden than the plaintiff in a civil trial. The defendant must be found guilty “beyond a reasonable doubt,” which means the evidence must be so strong that there is no reasonable doubt that the defendant committed the crime.

Who bears the burden of proof in a criminal case? ›

THE PROSECUTION IN A CRIMINAL CASE BEARS THE BURDEN OF PROVING TO THE JURY BEYOND A REASONABLE DOUBT ALL OF THE ELEMENTS NECESSARY TO ESTABLISH THE GUILT OF THE DEFENDANT.

An arraignment is usually the first court date in a criminal case. At an arraignment, a defendant finds out what they're charged with and what rights they have. If they can't afford a lawyer, the judge can appoint one for them. The judge also sets the next court dates.

During trial, the prosecutor uses witnesses and evidence to prove to the jury (or judge in a bench trial) that the defendant committed the crime(s). The defendant, represented by an attorney, may also tell their side using witnesses and evidence. In a trial, the judge decides what evidence can be shown to the jury.

During arraignment, the judge reads the charges filed against the defendant in the complaint and the defendant chooses to plead "guilty," "not guilty" or "no contest" to those charges.

In the United States, law enforcement, the courts and corrections make up the 3 main components of the criminal justice system.

3. Pretrial activities. Period before a trial when the two sides share information (discovery), ask the judge to make a decision (file motions), and try to reach an agreement or plan for trial. In a felony case, there will be a preliminary hearing.

THE CRIMINAL JUSTICE SYSTEM CONSISTS OF THE POLICE, THE COURTS, AND CORRECTIONS. THE MAJOR TASKS OF THE POLICE INCLUDE SELECTIVELY ENFORCING THE LAW, POTECTING THE PUBLIC, AREESTING SUSPECTED LAW VIOLATORS, AND PREVENTING CRIME.