Criminal law and procedure - it has always been one of the most popular themes in television programming. From early TV, which featured Perry Mason, to the popular Columbo series in the 70s, and now with the multi-show franchises of CSI, Law and Order, and NCIS, it seems that American society has an insatiable appetite for police work and the administration of criminal justice.
Indeed, members of the public have seen so many episodes of police and detective dramas that they often think they are experts on the subject. And yet, nothing can be more dangerous to a person facing criminal proceedings than to think he or she "knows how the system works." Few laypeople do.
Every criminal matter has unique aspects. The procedure utilized by any criminal justice system can vary, but following is a basic outline of the steps or stages related to the Massachusetts criminal process. We trust this overview gives you some insight into how things actually work. Remember always, however, what Abraham Lincoln said, "He [or she] who represents himself has a fool for a client." Never try to maneuver through the criminal system without experienced legal counsel.
Step 1: Arrest
An arrest is the initial stage in the criminal process in which an individual accused of a crime is taken into custody. If the police officer has actually witnessed the crime or if he or she has been called to the scene and determines that probable cause exists to make an arrest, the officer may take the individual into custody. In most other cases, the officer makes the arrest pursuant to an arrest warrant issued by an appropriate party, such as a judge or a grand jury.
Step 2: Charges
Following the arrest, the individual accused of the crime is held and, if not already completed, law enforcement officials compile a written report detailing the alleged offense. The report generally contains:
- General information about the circumstances that led to the alleged crime,
- Detailed information about the crime itself, and
- Statements provided by any corroborating witnesses
Step 3: Arraignment
As soon as possible after the arrest and determination of charges, the person accused of the crime must be brought before some court or judicial officer. Generally referred to as the arraignment, this is the defendant's first court appearance.
During the arraignment, the charges against the defendant are read to the defendant. The court advises the defendant of his or her right to counsel and the right to remain silent during the process. The defendant is asked to enter a plea of guilty, not guilty or no contest. During the arraignment process, the court also determines the conditions of the defendant's release. In some cases, particularly when the alleged criminal activity is minor, the defendant may be released on his or her own recognizance. With more serious crimes, the court sets the amount of bail required to release the defendant.
Step 4: Pretrial Proceedings
Before any actual criminal trial, the criminal process provides for a period of time during which the prosecutor and defendant - through the defendant's attorney—exchange information about the charges and alleged facts of the case. A defendant is generally entitled to know what evidence the prosecution has prior to the actual trial. While surprise witnesses and newly discovered evidence was the mainstay of Perry Mason shows, the criminal prosecution system requires an open process.
During this pretrial proceedings phase, the prosecution and the defendant, through counsel, file various motions, discovery requests and witness summonses. It should be remembered that many cases never actually go to a formal trial since during the pretrial proceedings phase or step, the defense and prosecution may enter into a plea agreement. If such a plea agreement is not reached, however, the court will set a trial date.
Step 5: Trial
The criminal trial is the stage at which actual criminal guilt is determined. If the defendant has requested a jury trial, prospective jurors are questioned to determine if they can reach a fair and impartial verdict. After the jury is selected, each side offers an opening statement. Generally the prosecution goes first. The prosecutor gives a relatively brief overview of the crime – a general view of the evidence that should convince the jury that the defendant is guilty. The defense then offers its opposing view of the case.
The prosecution presents the state's case against the defendant, offering evidence in the form of witness testimony and, in some instances, actual physical evidence itself. At the close of the prosecution's evidence, if the court finds that it is legally sufficient to convict, the defendant offers evidence of innocence or other information that might cast doubt on guilt.
The court then generally instructs the jury as to the law and provides it with questions to be answered as to the guilt of the defendant. The jury retires for deliberation.
Step 6: Verdict
In a criminal trial, the jury must deliberate and reach a unanimous verdict. It must determine whether the defendant is guilty or not guilty. If there are multiple charges, it must render a verdict on each charge.
Step 7: Sentencing
If the jury finds the defendant guilty, the judge must impose some sort of appropriate punishment. While it varies from jurisdiction to jurisdiction, the judge is typically given guidelines to follow in assessing how long a sentence of imprisonment should be and what additional conditions should be placed on that sentence. Depending upon the severity of the crime, the judge may impose jail or prison time, fines, court-ordered counseling or rehabilitation, community service, restitution and probation.
Step 8: Appeal
A convicted defendant has a constitutional right to an appeal. That is to say the defendant has the right to have a higher court review the criminal process of the case (Steps 1 through 7) and make a determination as to whether there were legal errors of violations of rights that inappropriately affected the outcome of the case. In some cases, the appellate court can order a new trial or release the defendant altogether.
Summary
The criminal prosecution process is complex. At every stage the person charged with a crime needs a clear head. It is almost impossible, however, to have a clear head when one is faced with a maze-like system that seems intent upon taking away one's freedom and that appears crafted to dish out the harshest punishment allowed under the circumstances.
Providing the person charged with a crime with a "clear head" is one of the primary functions of an experienced criminal defense attorney. One would never think of facing a serious illness without a doctor. Similarly, one should never face criminal prosecution without a seasoned expert upon which to rely.