The Criminal Law System: Players and Procedure

The criminal law "system" encompasses the entire criminal process itself -- from investigation and arrest, to conviction and sentencing -- and the people who play a role in that process: the accused, police officers, prosecuting attorneys, bail bondsmen, criminal defense attorneys, judges, witnesses, probation officers, and corrections officers.

At all stages of the criminal process, a person suspected of or charged with a crime is entitled to certain fundamental rights that derive from the U.S. Constitution and key court decisions. These include the right to an attorney and the right to a speedy jury trial. These constitutional rights provide a balance between the government's interest in ensuring that criminal behavior is identified and punished, and the fundamental need to preserve and promote the individual freedoms that characterize a democratic society.

The Outcome: How Might a Criminal Case End?

The outcome of any criminal case depends upon the crime charged, the strength of the evidence, the legal validity of law enforcement and courtroom procedure, and the goals and strategy of the government and defense. When all is said and done, there may be no legal consequence for a person charged with a crime, because the charges are dismissed, or a full-fledged jury trial might result in a criminal conviction.

Some potential outcomes of a criminal case are:

• A criminal investigation ends with no arrest.

• An arrest occurs, but the case is dismissed because the police illegally seized the only evidence of crime.

• A person is arrested and charged with a crime, then enters into a plea bargain with the government, agreeing to plead "guilty" in exchange for some form of leniency, such as a lighter sentence.

• A person is brought to trial and found "not guilty," or acquitted, by a jury.

• A person is convicted by a jury and sentenced to a long prison term.