Criminal Law Consulting
​For Writers & Filmmakers
  • Home
  • About
  • Services
  • Resources
  • Blog
  • Contact
  • Free eBook

Understanding the Criminal Justice System: 6 Stages to Guide You

3/14/2012

9 Comments

 
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.
9 Comments
private investigators link
10/21/2013 07:12:55 pm

A good private investigator can help in the investigation

Reply
tammy
11/18/2014 07:48:16 pm

this was not good

Reply
Stressed Student
2/9/2015 12:50:38 pm

Stages of the Criminal Justice System
1. Evidence gathered-"Unreasonable search & seizure" forbidden(4th amendment)
2. Suspicion cast-Guarantee that "writ of habeas corpus" will not be suspended, forbidding improsonment w/o evidence(article 1, section 9)
3. Arrest made-Right to have the "assistance of counsel"(6th amend.)
4. Interrogation held-Forced self-incrimination forbidden(5th amend.); "Excessive bail" forbidden(8th amend.)
5. Trial held-"Speedy & public trial" by an impartial jury required(6th amend.); "Double jeopardy" forbidden(5th amend.)
6. Punishment imposed-"Cruel & unusual punishment" forbidden (8th amend.)

Reply
Dennis Waterman
1/2/2018 10:10:50 am

"Stressed Out" doesn't begin to cover it! Not when ir's real! Not when it's concerning you son! Not when you are up against an extreamly corrupt S.B.C. Sheriff Department, an equally corrupt S.B.C. Superior Court & District Attorneys Office. Trust me when I say "If you call it out! I can give instances of where & how the did it! And I am speaking about real issues about real people! If I wasn't living it, I wouldn't f*****g believe it either. The Yucaipa Sheriff's make up the entire story line, assign roles to previously arrested persons seeking to make a deal concerning their own case, the DDA goes along with it adding his two cents, the judge assigns the case to a private conflict panel attorney that he knows will lay down at trial (doing absolutely nothing to represent and protect his sacraficial client. The Judge is complicit with insuring everything goes as previously planned. They deny constitutional rights, break other rights and rules, disregard any and every safeguard we have in our bill of rights and constitutionally guaranteed protections against exactly what we have here in Yucaipa California, You have the right to shut up and take it! That is all! Sign me just another victim of the gang in blue.

Reply
Jeff Carbine link
4/7/2022 04:46:57 am

I like how you mentioned that the investigating phase usually occurs after the offense has been committed. Typically, an arrest occurs during the investigative or charging stages. My father has been charged with a crime. To defend our company's reputation, we need an excellent criminal defense counsel.

Reply
Mia Evans link
11/18/2022 10:22:53 pm

Thanks for pointing out that the investigation process is done after the crime has been done. I wonder if private investigator services can help prove the incident and who did it to make the arrest faster. If so, I will suggest this to my neighbor to find the person who vandalized their property earlier today.

Reply
See best source for HCG drops link
6/7/2023 05:11:18 am

<a href="https://www.guideonproduct.com">guideonproduct</a> [URL=https://www.guideonproduct.com/]See best source for HCG drops[/URL]

Reply
Victoria Addington link
9/25/2023 03:12:23 am

It got me when you discussed that the charging stage can turn a suspect into a formally charged defendant. My friend is facing a criminal case. I should advise him to turn to a criminal law firm with a high success rate.

Reply
Fishers Spanking link
5/21/2024 02:32:40 am

Thoughtful blog you have here.

Reply



Leave a Reply.

    Get your FREE E-Book revealing The Top 7 Mistakes Made by Writers of Crime, Mystery and Legal Drama:
    Send My Free E-Book!

    Author

    Blythe Leszkay is a successful and experienced criminal attorney, criminal law professor, and consultant to writers and filmmakers.  See About Me.  This blog is intended to answer common criminal law questions, dispel misconceptions, and explain misunderstood criminal law concepts.  It is also a place to discuss any crime or law related topics of interest.  Contact me for a free initial consultation on your film or writing project.

    Categories

    All
    Appeals
    Burden Of Proof
    Celebrity Crime
    Common Questions
    Constitution
    Consulting Services
    Courtroom
    Crime In The News
    Crime Novels
    Crime Tv
    Death Penalty
    Defenses
    Evidence
    Extortion
    Hate Crimes
    International Crime
    Juvenile Crime
    Legal Comedy
    Legal Definitions
    Legal Drama
    Manslaughter
    Movies
    Murder
    Search And Seizure
    Serial Killers
    Sex Crimes
    Supreme Court
    Trial
    True Crime
    Writing Tips

    RSS Feed

      Get Email Updates

    Join!
    Loading
Powered by Create your own unique website with customizable templates.