Introduction
The criminal justice system in the United States is complex and has a trove of advantages for the defendant in comparison to several other nations. The rights include the right to an attorney and the right to remain silent during a police interrogation. Apart from these rights, the process to find someone guilty and sentence that person is a tedious process. Unlike justice systems which rely on circumstantial evidence, the American Justice system insists on the presence of physical evidence to corroborate. In addition, a lengthy process ensures checkpoints in different areas to prevent convicting innocent people of crimes they did not commit.
Arrest
The arrest of an individual is an outcome of several instances. These instances include pat down searches, vehicular searches during routine traffic stops, picked up based on suspicion or on account of fitting the description of witnesses, result of obtaining incriminating evidence during the execution of a search warrant, caught fleeing the crime scene, result of a police interview, or finding evidence forensically and procuring a warrant for the arrest. An arrest should follow a definite availability of legally obtainable evidence against the defendant. Without such evidence, it is impossible for the police to arrest an individual. In all cases, the police have to provide the defendant with the Miranda Rights after the arrest and get consent of the person to conduct a search if there is no warrant available. The Miranda Rights will allow the defendant to remain silent, get access to an attorney at personal cost or at the cost of the state, and to stop talking when there is no attorney present.
Booking
Booking occurs immediately after the arrest at the local police precinct. The defendant has to provide personal information, handover personal effects and sign an inventory, get photographed, and be part of an identification lineup. The defendant reserves the right to a phone call and for legal aid. During the time between the phone call and arrival of the legal aid, the defendant can refuse to be in an identification lineup.
Arraignment
This process should happen within twenty-four hours of the arrest. The process includes reading of charges in the presence of a judge. The plea for the case will find its recording during this process. The usual pleas are guilty, not guilty, and no contest. A guilty plea will mean the next hearing will be a sentencing hearing where the defendant has to explain in detail how the crime happened. If the details do not match with what the prosecution has on file, the judge might not accept the plea. The not guilty plea will set a trial date for the case where both the prosecution and the defense will try their cases. A no contest plea is the defendant refusing to contest the charges made by the state. This plea is equal to a guilty plea with ramifications for subsequent civil trials. Bail arguments are also part of the arraignment process.
Custodial interrogations
Police interrogations are normal procedure before and after arrests. However, with the Miranda Rights, a defendant can refuse to cooperate with the police. The defendant can also opt to have an attorney present for the interrogation and only answer question which the attorney allows. This will ensure that the chances for coercion to reduce.
Trial
The trial is the final part of the process. The defense and prosecution will attempt to establish their cases through a variety of strategies. The prosecution will try to impress on the jury with evidence to convict the defendant and the defense will try to create enough grounds for doubt in the prosecution’s case and succeed in countering the evidence presented against their client. The trial process can be lengthy with the defense and prosecution choosing to opt for time to prepare for the trial. The trial does not end with sentencing. It will carry on for a few more years in appeals.
Plea Bargain
This is an offer which prosecution offers in exchange for waving the appeals process to gain a lesser jail term. The plea bargain can come into effect if the defendant chooses to aid the prosecution’s case against a different criminal. In exchange for the testimony or evidence provided, the prosecution will reduce the nature of the charge (Homicide to manslaughter). Innocent people will not gain anything from a plea bargain. Although there is a chance for a speedy end, the criminal conviction will stand against the person.
Jury Selection
Defendants and their attorneys can be part of the jury selection and voice out concerns at the choosing of any particular juror.
Sentencing
All defendants can appeal to the jury, judge, and the victim (or families of the victims) during sentencing. Expressions of remorse can provide relief at sentencing.
Appeals
All defendants can appeal their conviction. In the process of appeals, the defense team approaches the Appellate courts. If the court reverses the verdict, it does not necessarily free the defendant comprehensively. It only means the first trial is invalid. The prosecution can try the case at any given time in future as long as the statute of limitation holds good.
Defense Strategies
Pleading to duress
A defendant can plead to committing the crime under duress. For example, a crime committed by a kidnapped victim qualifies under duress. The defendant is also a victim. Hence, if the duress is provable, the defendant will not face criminal charges in the case.
Pleading to momentary emotional outburst (Insanity)
A popular defense for impulsive criminal acts, pleading to momentary emotional distress is a subset of the insanity defense. It means the circumstances led the defendant to commit the crime and otherwise the person is incapable of committing such actions. Defendants with no criminal record and with exemplary conduct can try this defense in crimes relating to manslaughter, or aggravated assault.
Pleading not guilty and challenging the prosecution to prove the case
The common option is to create enough doubt and alienate the prosecution from their evidence. Despite forensic science, and technology there are always chances to create doubts. The O. J. Simpson case is a relevant example. Searches can be invalid if the warrant does not cover the object the police confiscated as incriminatory.
Flow Chart
References
Center for Evidence-Based Crime Policy Staff (2013). Broken Windows Policing. Retrieved from: http://cebcp.org/evidence-based-policing/what-works-in-policing/research-evidence-review/broken-windows-policing/
FindLaw Staff (2016). Tennessee v. Garner. Retrieved from: http://caselaw.findlaw.com/us-supreme-court/471/1.html
Swanson, C. R., Territo, L., Taylor, R. W. (2012). Police Administration Structures, Processes, and Behavior. Pearson Education. New York: NY. Pp. 556-558, 565-568.
