Justice Process - Ensuring Fairness PDF

Justice Process Ensuring Fairness, Accountability, and Legal Rights Sinan Celiksu  Justice Process Investigatio Decision to Arrest Booking n Charge Preliminary...

Justice Process Ensuring Fairness, Accountability, and Legal Rights Sinan Celiksu  Justice Process Investigatio Decision to Arrest Booking n Charge Preliminary Initial Arraignment Grand Jury Hearing Appearance Release/ Trial Sentencing Punishment Parole Investigation Justice Process Arrest Law enforcement: Booking Purpose: To determine if a crime has occurred and who may Decision to Charge be responsible. Initial Appearance Key Actions: Preliminary Hearing collecting evidence, interviewing witnesses, Grand Jury identifying suspects. Arraignment Crime scene analysis. Trial Gathering physical and digital evidence. Sentencing Surveillance or forensic testing. Punishment Release/Parole Investigation Justice Process Arrest Law enforcement: Booking Decision to Probable Cause: Charge When sufficient evidence points to a suspect, law Initial Appearance enforcement officers make an arrest. Preliminary Hearing Key Actions: Grand Jury The suspect is taken into custody. Arraignment Miranda Rights are read to inform the suspect of their rights (e.g., right to remain silent, right to Trial an attorney). Sentencing Purpose: To formally charge an individual and initiate the criminal justice process. Punishment Release/Parole Investigation Justice Process Arrest Booking Law enforcement: Decision to Charge Initial After arrest, the suspect is taken into Appearance the system. Preliminary Hearing Key Actions: Grand Jury Recording of personal details. Arraignment Fingerprinting and photographing. Trial Collection of personal belongings Sentencing (held until release). Punishment Purpose: To document the arrest and Release/Parole prepare for initial court proceedings. Investigation Justice Process Arrest Booking Decision to Prosecutors: Charge Initial Review evidence and decide on formal Appearance Preliminary charges. Hearing Key Actions: Grand Jury Filing a complaint or indictment. Arraignment Determining the severity of charges (e.g., Trial misdemeanor vs. felony). Sentencing Purpose: To ensure the case moves Punishment forward with appropriate legal backing. Release/Parole Investigation Justice Process Arrest Booking The accused appears in court Decision to for the first time. Charge Initial Key Actions: Appearance Preliminary Charges are read. Hearing Bail or pretrial release Grand Jury conditions are determined. Arraignment Purpose: To inform the Trial accused of the charges and Sentencing ensure they have legal Punishment representation. Release/Parole Investigation Justice Process Arrest Booking A Judge or Magistrate: Decision to Charge Determines whether there is probable Initial Appearance cause to proceed to trial. Preliminary Hearing Key Actions: Grand Jury Presentation of evidence to a Arraignment judge Trial The judge decides whether to issue an indictment. Sentencing Purpose: To protect against baseless Punishment charges. Release/Parole Investigation Justice Process Arrest Booking Grand Jury: Decision to Charge Determines whether there is probable Initial Appearance cause to proceed to trial. Preliminary Hearing Key Actions: Grand Jury Presentation of evidence to grand Arraignment jury. Trial Grand jury decides whether to issue an indictment. Sentencing Purpose: To protect against baseless Punishment charges. Release/Parole Investigation Justice Process Arrest Booking Decision to Description: The accused enters a Charge formal plea (guilty, not guilty, or no Initial Appearance contest). Preliminary Hearing Key Actions: Grand Jury Court schedules trial/plea Arraignment negotiations. Trial Purpose: To formally establish the accused’s stance. Sentencing Punishment Release/Parole Investigation Justice Process Arrest Description: If the accused pleads not guilty, the Booking case goes to trial. Decision to Key Actions: Charge Initial Jury selection. Appearance Preliminary Opening statements, presentation of evidence, Hearing and witness testimony. Grand Jury Closing arguments and jury deliberation. Arraignment Purpose: To determine guilt or innocence Trial beyond a reasonable doubt. Sentencing Punishment Release/Parole Investigation Justice Process Arrest Booking Description: If found guilty, the court Decision to imposes a sentence. Charge Initial Key Actions: Appearance Preliminary Consider sentencing guidelines, victim Hearing impact statements, and mitigating factors. Grand Jury Purpose: To deliver a fair and lawful Arraignment punishment. Trial Sentencing Punishment Release/Parole Investigation Justice Process Arrest Booking Description: Offenders serve Decision to their sentence (prison, probation, Charge community service, etc.). Initial Appearance Key Actions: Preliminary Hearing Incarceration or supervised Grand Jury release. Arraignment Participation in rehabilitation Trial programs. Sentencing Purpose: To punish, rehabilitate, and prepare for reintegration into Punishment society. Release/Parole Investigation Justice Process Arrest Booking Description: Offenders complete their Decision to sentence and are released. Charge Initial Key Actions: Appearance Preliminary Supervision during parole (if applicable). Hearing Assistance with reentry into the Grand Jury community. Arraignment Purpose: To transition offenders back Trial into society while minimizing recidivism. Sentencing Punishment Release/Parole 15  The Justice Process Cases do not always flow from one stage to the next Cases may drop out of the process at any point Specific jurisdictions have rules and guidelines regarding justice process Juvenile justice process flows differently than adult justice, depending on the nature of the case Seriousness of various types of cases influences how they are processed 16