Criminal Justice Process

The criminal justice process may vary from state to state but generally speaking, the steps of the process are the same. Once a crime has been established, the most important step, the investigation process kicks off. This may be as simple as a law enforcement officer observing and pulling over a speeder or as complex as a call for assistance from a shooting victim to 911. Information may be gathered at the scene of an incident by the law enforcement officer or by the dispatcher if the incident is reported. The dispatcher must obtain all pertinent information from callers such as time, date, location, call back number, crime committed, number of individuals, if medical attention is needed, if weapons were involved, the name of the caller and also names of the subjects involved if possible. All information gathered either telephonically or at the scene will play a vital role in the entire investigation process. All conversations and behaviors between the officers responding and the victims or suspects need to be recorded, evidence must be collected and a detailed report must be generated in order to keep track of all information pertinent of the investigation. This report is later used in court proceedings.

After it has been established that a crime has been committed and the investigation has provided law enforcement officials with credible evidence and information into the crime, a judge or magistrate may issue a warrant if the suspect was not apprehended on scene. A warrant is issued when the facts of the case are reviewed and there is probable cause to indicate to the judge or magistrate that a crime was committed and the suspect receiving the warrant committed the crime. Sometimes however, warrants are issued for purposes of obtaining more evidence pertinent to the investigation.

After the investigation has yielded a suspect and the suspect is apprehended, the next step in the criminal justice process is booking. Booking is the beginning phase of the intake process, which renders the suspect into a confinement facility and creates an official record of arrest. When a suspect is first brought into the booking area, he is searched in order to ensure he is clear of any contraband or unauthorized material. He is then photographed and fingerprinted and information is obtained from the suspect such as his name, date of birth, height, weight, race, and nature of the criminal activity he is accused of. Once this information is obtained, the suspect's profile is loaded into a national system that allows any law enforcement officials to see this record of arrest if this suspect is suspected of a crime again.

Once the suspect is booked, he is placed into confinement or released on bail. Bail is basically a surety that the suspect will appear at future court hearings in the form of monetary or collateral escrow. This process is extremely beneficial to everyone because jailing a suspect is very expensive to tax payers so it saves money while allowing the now inmate freedom until their court hearing. If bail is granted, the amount is usually based on the severity of the crime and the degree of flight risk the inmate poses. Sometimes an inmate may be released on his own recognizance rather than post bail.

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