Criminal Procedure Steps in the U.S. Justice System
This paper examines the key stages of the American criminal justice process through the lens of a fictional case study involving a defendant accused of armed robbery. Beginning with an overview of how rules and discretion govern criminal procedure, the paper walks through each procedural step — arrest, defense preparation, pre-trial motions, and trial options — applying legal principles to the defendant's specific circumstances. It also addresses Florida's 10-20-LIFE sentencing statute and defines key legal terms such as felony, plea bargaining, and no contest plea. The paper serves as a practical illustration of how the U.S. criminal justice system operates from investigation through potential sentencing.
- Introduction to Criminal Procedure: Rules and discretion govern the criminal justice process
- Case Overview: Mr. Crook's Situation: Defendant faces arrest for armed gas station robbery
- Arrest and Pre-Arrest Advice: Arrest basics and attorney advice before and after
- Preparation of Defense: Attorney strategy for witnesses and defense evidence
- Pre-Trial Process and Motions: Discovery, suppression, and dismissal motions filed
- Trial Options and Possible Sentence: Plea options and Florida 10-20-LIFE sentencing exposure
- Key Legal Terms and Conclusion: Definitions of felony, plea bargaining, and related terms
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What makes this paper effective
- The paper uses a concrete case study to ground abstract legal concepts, making procedural steps easier to follow and understand.
- It moves logically through the criminal justice process in chronological order — from arrest through sentencing — giving the reader a clear procedural roadmap.
- It integrates specific statutory law (Florida's 10-20-LIFE legislation) to show how general principles translate into real sentencing consequences.
Key academic technique demonstrated
The paper demonstrates applied legal analysis: it does not merely define each procedural stage but applies it directly to the facts of a hypothetical defendant's case. This technique — moving from rule to application — mirrors the IRAC (Issue, Rule, Application, Conclusion) structure common in legal writing and shows how abstract doctrine governs real decisions.
Structure breakdown
The paper opens with a general introduction to criminal procedure, then introduces the case study. Each subsequent section addresses a discrete procedural stage (arrest, defense, pre-trial, trial), with both a general explanation and a case-specific application. A definitions section consolidates key legal terminology before a brief conclusion. This dual general/applied structure throughout each section is the paper's defining organizational feature.
Introduction to Criminal Procedure
The criminal justice system is a process that involves various steps, beginning with a criminal investigation and ending with the release of a convicted individual from a correctional institution. Because it encompasses so many stages, the center of the criminal justice process is rules and decision-making. Rules in criminal procedure involve the use of legal authority such as the United States Constitution, the Bill of Rights, state constitutions and rules of criminal procedure, and the regulations of relevant departments and agencies. Decision-making, on the other hand, goes beyond simply learning and applying rules to particular cases. This is primarily because decisions are often based on discretion — the individual application of judgment in choosing among alternative courses of action. Generally, a criminal defendant may pass through several distinct criminal procedure steps within the American criminal justice system.
Case Overview: Mr. Crook's Situation
Robert Crook's case study presents a clear example of the processes a criminal defendant may undergo in the U.S. criminal justice system. Upon arriving at a small criminal defense firm, Crook explains his concerns about being arrested for an armed robbery of a gas station that occurred the previous night. His worries are fueled by the fact that he was involved in the robbery and that the gas station attendant had a clear look at his face, since he was not wearing a mask. Moreover, he has no prior experience with the criminal justice system, having never been arrested before. Based on the American criminal justice system, Mr. Crook may be subject to the following criminal procedures.
Arrest and Pre-Arrest Advice
Cantrell (2011) states that arrest is the first step in the criminal process, as police arrest a suspect based on probable cause that the individual has been involved in or committed a crime. While arrest is the first step in many criminal cases, it is sometimes preceded by an investigation. Nonetheless, a typical arrest consists of a defendant being charged by the police and taken into custody. Notably, the police do not file the charges themselves; instead, they provide their reports and evidence to the prosecuting attorney, who then decides whether to file charges and what specific charges to bring.
Mr. Crook's case is serious because brandishing a firearm during a robbery constitutes armed robbery even if the weapon is a BB gun. Similar to many cases, this scenario will likely involve the arrest of the suspected individual given that police have already begun looking for him. As his attorney, my pre-arrest advice to Crook is to remain silent and not say anything to anyone. I would also advise him to refuse to speak with law enforcement officials without an attorney present, should he encounter the police or be arrested. With regard to post-arrest conduct, I would inform Crook that he needs to cooperate fully with his attorney and carefully consider the recommendations of his appointed counsel. Consulting and cooperating with counsel will help Crook avoid giving investigators additional reasons to believe he is the perpetrator of the charged offense.
Preparation of Defense
One of the most important aspects of the arrest process involves consulting a lawyer before and during investigations and having an attorney to represent the defendant ("Arrest Procedures," n.d.). As the attorney representing Mr. Crook, I will take every step possible to ensure that he is not convicted of the offense charged, should he be arrested for a felony such as armed robbery. These measures would include petitioning the judge for lesser charges if the evidence does not support the severity of the sentence Crook might otherwise face.
As part of preparing the defense, I will interview witnesses and ask them about their personal knowledge of the defendant's character. The questions would address what they consider to be Crook's strongest qualities, how long they have known him, and what kinds of activities or business they have shared with him. I will also ask witnesses whether they have any evidence — such as documentary evidence — that could support the defendant's innocence, and whether they are willing to testify on his behalf at trial. To ensure the presence of these witnesses in court, I will request that the judge issue the appropriate summons.
References
"Arrest Procedures." (n.d.). Steps in a Trial. Retrieved August 19, 2012, from
Cantrell, M. (2011). Criminal Process: What is the Criminal Process? Retrieved August 19, 2012, from
"Connick v. Thompson." (n.d.). Arizona Prosecuting Attorneys' Advisory Council. Retrieved from Arizona State Government website:
Pezzullo, N. A. (n.d.). Process of a Trial. Retrieved August 19, 2012, from
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