When you are in the criminal justice system or you are writing about the criminal justice system, it is helpful to know what stage of the process you are in. Different things happen at different stages, and you should know where you are at any given time.
I have broken down the criminal justice system into 6 basic stages. I will give a brief synopsis of each stage here. I will go into each stage in greater detail in future posts.
1. Crime Stage - This is where the crime occurs. Crimes may be instantaneous, like a shooting, or may be ongoing, like a sophisticated ponzi scheme.
2. Investigation Stage - This can occur simultaneously with an ongoing crime. In most cases, the investigation phase happens after the crime has been committed. An arrest usually happens during either the investigation phase or charging stage.
3. Charging Stage - After an investigation is complete, a prosecutor must decide whether to bring charges, who to charge, and what crimes to charge. This is an important step because it turns a suspect into a formally charged defendant and triggers certain constitutional rights.
4. Pre-Trial Stage - Once a defendant is charged, the pre-trial stage begins. The defense attorney will review the prosecution's evidence and may bring motions, such as a motion to dismiss or a motion to suppress evidence. Witnesses are interviewed and prepared for trial.
5. Trial Stage - This is where the fun happens. Most trials are in front of juries, although a judge can hear trials too. It's up to the defendant. The prosecution has the burden of proof and will try to introduce evidence to prove the defendant guilty. The defense need not introduce any evidence.
6. Post-Trial Stage - After a defendant has been convicted at trial, there are a slew of things that can happen. Sentencing happens in every case. The defendant may also bring a new trial motion. The defendant can appeal, file a petition for a writ of habeas corpus, or petition for clemency or a pardon.
Each of these phases has its own unique challenges, goals, rules, and rights. I will develop each in more detail in future posts.
A fictional crime story may take place in one, some, or all of these stages. Whichever stages your story takes place in, it's critical to understand the rules and purposes of those stages. I hope you will find this to be a helpful guide on your journey.
In the meantime, make sure to sign up for the FREE eBook revealing the Top 7 Mistakes Made by Writers of Crime, Mystery and Legal Drama.
I have broken down the criminal justice system into 6 basic stages. I will give a brief synopsis of each stage here. I will go into each stage in greater detail in future posts.
1. Crime Stage - This is where the crime occurs. Crimes may be instantaneous, like a shooting, or may be ongoing, like a sophisticated ponzi scheme.
2. Investigation Stage - This can occur simultaneously with an ongoing crime. In most cases, the investigation phase happens after the crime has been committed. An arrest usually happens during either the investigation phase or charging stage.
3. Charging Stage - After an investigation is complete, a prosecutor must decide whether to bring charges, who to charge, and what crimes to charge. This is an important step because it turns a suspect into a formally charged defendant and triggers certain constitutional rights.
4. Pre-Trial Stage - Once a defendant is charged, the pre-trial stage begins. The defense attorney will review the prosecution's evidence and may bring motions, such as a motion to dismiss or a motion to suppress evidence. Witnesses are interviewed and prepared for trial.
5. Trial Stage - This is where the fun happens. Most trials are in front of juries, although a judge can hear trials too. It's up to the defendant. The prosecution has the burden of proof and will try to introduce evidence to prove the defendant guilty. The defense need not introduce any evidence.
6. Post-Trial Stage - After a defendant has been convicted at trial, there are a slew of things that can happen. Sentencing happens in every case. The defendant may also bring a new trial motion. The defendant can appeal, file a petition for a writ of habeas corpus, or petition for clemency or a pardon.
Each of these phases has its own unique challenges, goals, rules, and rights. I will develop each in more detail in future posts.
A fictional crime story may take place in one, some, or all of these stages. Whichever stages your story takes place in, it's critical to understand the rules and purposes of those stages. I hope you will find this to be a helpful guide on your journey.
In the meantime, make sure to sign up for the FREE eBook revealing the Top 7 Mistakes Made by Writers of Crime, Mystery and Legal Drama.
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