Nonpolice referrals

Police

juvenile

unit

Released or

diverted

Intake 

hearing

Waived to

criminal

court Formal juvenile or youthful

offender court processing

Informal processing

diversion

Information

Refusal to indict

Grand jury

Information

Charges

dropped

or dismissed

Bail or

detention

hearing

Charges

dropped

or dismissed

Preliminary

hearing

Initial

appearance

Released

without

prosecution

Released

without

prosecution

Charges

filed Arrest

Unsolved

or not

arrested

Investigation

Reported

and

observed

crime

Felonies

Juvenile 

offenders

Entry into the system Prosecution and pretrial services

What is the sequence of events in the criminal justice system?

Arraignment

Charge

dismissed

Arraignment Trial

Acquitted

Reduction 

of charge

Guilty plea

Trial

Charge dismissed Acquitted

Sentencing

Sentencing

Probation

Revocation

Revocation

Revocation

Parole

Prison

Pardon and

clemency

Capital

punishment

Out of system

(registration,

notification)

Out of system

Out of system

Probation

Guilty plea

Adjudication

Sentencing 

and sanctions Corrections

Diversion by law enforcement, prosecutor, or court

Unsuccessful

diversion

Convicted

Misdemeanors

Convicted

Appeal

Intermediate

sanctions 

Jail

Out of system

Habeas

corpus

Note: This chart gives a simplified view of caseflow

through the criminal justice system. Procedures vary

among jurisdictions. The weights of the lines are not

intended to show actual size of caseloads.

Released or

diverted

Probation or other

nonresidential disposition

Revocation

Out of system

Residential

placement

Aftercare

Revocation

Disposition

Released

Adjudication

Source: Adapted from The challenge of crime in a free society.

President's Commission on Law Enforcement and Administration

of Justice, 1967. This revision, a result of the Symposium on 

the 30th Anniversary of the President's Commission, was prepared

by the Bureau of Justice Statistics in 1997.

Prosecution

as a

juvenile

Crime
The private sector initiates

the response to crimeThis first response may comefrom individuals, families,neighborhood associations,business, industry, agriculture,educational institutions, thenews media, or any other private service to the public.It involves crime prevention aswell as participation in thecriminal justice process once acrime has been committed.Private crime prevention ismore than providing private security or burglar alarms or participating in neighborhoodwatch. It also includes a commitment to stop criminal behavior by not engaging in it orcondoning it when it is committed by others.Citizens take part directly in thecriminal justice process by reporting crime to the police, bybeing a reliable participant (forexample, a witness or a juror)in a criminal proceeding and byaccepting the disposition of thesystem as just or reasonable.As voters and taxpayers, citizens also participate in criminal justice through thepolicymaking process that affects how the criminal justiceprocess operates, the resources available to it, and itsgoals and objectives. At everystage of the process from theoriginal formulation of objectives to the decision aboutwhere to locate jails and prisons to the reintegration of inmates into society, the private

sector has a role to play.Without such involvement, thecriminal justice process cannotserve the citizens it is intendedto protect.The response to crime andpublic safety involves manyagencies and servicesMany of the services needed toprevent crime and make neighborhoods safe are supplied bynoncriminal justice agencies,including agencies with primary concern for public health,education, welfare, publicworks, and housing. Individualcitizens as well as public andprivate sector organizationshave joined with criminal justice agencies to prevent crimeand make neighborhoods safe.Criminal cases are broughtby the government throughthe criminal justice systemWe apprehend, try, and punishoffenders by means of a looseconfederation of agencies at alllevels of government. OurAmerican system of justice hasevolved from the English common law into a complex seriesof procedures and decisions.Founded on the concept thatcrimes against an individualare crimes against the State,our justice system prosecutesindividuals as though they victimized all of society. However,crime victims are involvedthroughout the process andmany justice agencies haveprograms which focus on helping victims. 

There is no single criminal justice system in this country. Wehave many similar systemsthat are individually unique.Criminal cases may be handled differently in different jurisdictions, but court decisionsbased on the due processguarantees of the U.S. Constitution require that specificsteps be taken in the administration of criminal justice sothat the individual will be protected from undue interventionfrom the State.The description of the criminaland juvenile justice systemsthat follows portrays the mostcommon sequence of events inresponse to serious criminalbehavior.Entry into the systemThe justice system does not respond to most crime becauseso much crime is not discovered or reported to the police.Law enforcement agencieslearn about crime from the reports of victims or other citizens, from discovery by apolice officer in the field, frominformants, or from investigative and intelligence work. Once a law enforcementagency has established that acrime has been committed, asuspect must be identified andapprehended for the case toproceed through the system.Sometimes, a suspect is apprehended at the scene; however, identification of a suspectsometimes requires an

extensive investigation. Often,no one is identified or apprehended. In some instances, asuspect is arrested and laterthe police determine that nocrime was committed and thesuspect is released.Prosecution and pretrialservicesAfter an arrest, law enforcement agencies present information about the case andabout the accused to theprosecutor, who will decide ifformal charges will be filed withthe court. If no charges arefiled, the accused must be released. The prosecutor canalso drop charges after makingefforts to prosecute (nolle prosequi). 

A suspect charged with a crimemust be taken before a judgeor magistrate without unnecessary delay. At the initial appearance, the judge ormagistrate informs the accused of the charges and decides whether there is probablecause to detain the accusedperson. If the offense is notvery serious, the determinationof guilt and assessment of apenalty may also occur at thisstage.Often, the defense counsel isalso assigned at the initial appearance. All suspects prosecuted for serious crimes have aright to be represented by anattorney. If the court determines the suspect is indigentand cannot afford such

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What is the sequence of events in the criminal justice system?
probable cause for such a belief, or the accused waives his

or her right to a preliminaryhearing, the case may bebound over to a grand jury.A grand jury hears evidenceagainst the accused presentedby the prosecutor and decidesif there is sufficient evidence tocause the accused to bebrought to trial. If the grandjury finds sufficient evidence, itsubmits to the court an indictment, a written statement ofthe essential facts of the offense charged against theaccused. Where the grand jury system isused, the grand jury may alsoinvestigate criminal activitygenerally and issue indictments called grand jury originals that initiate criminalcases. These investigationsand indictments are often usedin drug and conspiracy casesthat involve complex organizations. After such an indictment, law enforcement tries toapprehend and arrest the suspects named in the indictment.Misdemeanor cases and somefelony cases proceed by the issuance of an information, aformal, written accusation submitted to the court by a prosecutor. In some jurisdictions,indictments may be required infelony cases. However, the accused may choose to waive agrand jury indictment and, instead, accept service of an information for the crime.

In some jurisdictions, defendants, often those without priorcriminal records, may be eligible for diversion from prosecution subject to the completionof specific conditions such asdrug treatment. Successfulcompletion of the conditionsmay result in the dropping ofcharges or the expunging ofthe criminal record where thedefendant is required to pleadguilty prior to the diversion.AdjudicationOnce an indictment or information has been filed with the trialcourt, the accused is scheduled for arraignment. At thearraignment, the accused is informed of the charges, advisedof the rights of criminal defendants, and asked to enter aplea to the charges. Sometimes, a plea of guilty is the result of negotiations betweenthe prosecutor and thedefendant.If the accused pleads guilty orpleads nolo contendere (accepts penalty without admitting

guilt), the judge may accept orreject the plea. If the plea isaccepted, no trial is held andthe offender is sentenced atthis proceeding or at a laterdate. The plea may be rejected and proceed to trial if,for example, the judge believesthat the accused may havebeen coerced. If the accused pleads not guiltyor not guilty by reason of insanity, a date is set for the

trial. A person accused of aserious crime is guaranteed atrial by jury. However, the accused may ask for a bench trialwhere the judge, rather than ajury, serves as the finder offact. In both instances theprosecution and defense present evidence by questioningwitnesses while the judge decides on issues of law. Thetrial results in acquittal or conviction on the original chargesor on lesser included offenses.After the trial a defendant mayrequest appellate review of theconviction or sentence. Insome cases, appeals of convictions are a matter of right;all States with the death penalty provide for automatic appeal of cases involving a deathsentence. Appeals may besubject to the discretion of theappellate court and may begranted only on acceptance ofa defendant's petition for a writ

of certiorari. Prisoners may

also appeal their sentencesthrough civil rights petitionsand writs of habeas corpus

where they claim unlawfuldetention. Sentencing and sanctionsAfter a conviction, sentence isimposed. In most cases thejudge decides on the sentence,but in some jurisdictions thesentence is decided by the jury,particularly for capital offenses.In arriving at an appropriatesentence, a sentencing hearingmay be held at which evidence

of aggravating or mitigating circumstances is considered. Inassessing the circumstancessurrounding a convicted person's criminal behavior, courtsoften rely on presentence investigations by probation agencies or other designatedauthorities. Courts may alsoconsider victim impactstatements.The sentencing choices thatmay be available to judges andjuries include one or more ofthe following:• the death penalty• incarceration in a prison, jail,or other confinement facility• probation 

 allowing the

convicted person to remain atliberty but subject to certainconditions and restrictionssuch as drug testing or drugtreatment• fines 

 primarily applied as

penalties in minor offenses• restitution 

 requiring the

offender to pay compensationto the victim.In some jurisdictions, offendersmay be sentenced to alternatives to incarceration that areconsidered more severe thanstraight probation but less severe than a prison term. Examples of such sanctionsinclude boot camps, intensesupervision often with drugtreatment and testing, housearrest and electronic monitoring, denial of Federal benefits,and community service.In many jurisdictions, the lawmandates that persons convicted of certain types of

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released only after they have

served their full sentence(mandatory release) less any"goodtime" received while inprison. Inmates get goodtimecredits against their sentencesautomatically or by earningthem through participation inprograms.If released by a parole boarddecision or by mandatory release, the releasee will be under the supervision of a paroleofficer in the community for thebalance of his or her unexpiredsentence. This supervision isgoverned by specific conditionsof release, and the releaseemay be returned to prison forviolations of such conditions. RecidivismOnce the suspects, defendants, or offenders are released from the jurisdiction of acriminal justice agency, theymay be processed through thecriminal justice system againfor a new crime. Long termstudies show that many suspects who are arrested haveprior criminal histories andthose with a greater number ofprior arrests were more likelyto be arrested again. As thecourts take prior criminal history into account at sentencing,most prison inmates have aprior criminal history and manyhave been incarcerated before.Nationally, about half the inmates released from Stateprison will return to prison.

The juvenile justice systemJuvenile courts usually havejurisdiction over matters concerning children, including delinquency, neglect, andadoption. They also handle"status offenses" such as truancy and running away, whichare not applicable to adults.State statutes define whichpersons are under the originaljurisdiction of the juvenilecourt. The upper age of juvenile court jurisdiction in delinquency matters is 17 in mostStates. The processing of juvenile offenders is not entirely dissimilar to adult criminal processing,but there are crucial differences. Many juveniles are referred to juvenile courts by lawenforcement officers, but manyothers are referred by schoolofficials, social services agencies, neighbors, and even parents, for behavior or conditionsthat are determined to requireintervention by the formal system for social control. At arrest, a decision is madeeither to send the matter further into the justice system orto divert the case out of thesystem, often to alternativeprograms. Examples of alternative programs include drugtreatment, individual or groupcounseling, or referral to educational and recreationalprograms. When juveniles are referred tothe juvenile courts, the court'sintake department or the

prosecuting attorney determines whether sufficientgrounds exist to warrant filing apetition that requests an adjudicatory hearing or a request totransfer jurisdiction to criminalcourt. At this point, many juveniles are released or diverted toalternative programs.All States allow juveniles to betried as adults in criminal courtunder certain circumstances.In many States, the legislature

statutorily excludes certain

(usually serious) offenses fromthe jurisdiction of the juvenilecourt regardless of the age ofthe accused. In some Statesand at the Federal level undercertain circumstances, prosecutors have the discretion to

either file criminal chargesagainst juveniles directly incriminal courts or proceedthrough the juvenile justiceprocess. The juvenile court'sintake department or theprosecutor may petition the juvenile court to waive jurisdiction to criminal court. The

juvenile court also may order

referral to criminal court for

trial as adults. In some jurisdictions, juveniles processedas adults may upon convictionbe sentenced to either an adultor a juvenile facility. In those cases where the juvenile court retains jurisdiction,the case may be handled formally by filing a delinquencypetition or informally by diverting the juvenile to other agencies or programs in lieu offurther court processing. 

If a petition for an adjudicatoryhearing is accepted, the juvenile may be brought before acourt quite unlike the court withjurisdiction over adult offenders. Despite the considerablediscretion associated with juvenile court proceedings, juveniles are afforded many of thedue-process safeguards associated with adult criminal trials.Several States permit the useof juries in juvenile courts;however, in light of the U.S.Supreme Court holding that juries are not essential to juvenile hearings, most States donot make provisions for juriesin juvenile courts.In disposing of cases, juvenilecourts usually have far morediscretion than adult courts. Inaddition to such options asprobation, commitment to aresidential facility, restitution,or fines, State laws grant juvenile courts the power to orderremoval of children from theirhomes to foster homes ortreatment facilities. Juvenilecourts also may order participation in special programsaimed at shoplifting prevention,drug counseling, or drivereducation. Once a juvenile is under juvenile court disposition, the courtmay retain jurisdiction until thejuvenile legally becomes anadult (at age 21in mostStates). In some jurisdictions,juvenile offenders may be classified as youthful offenderswhich can lead to extendedsentences. 

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criminal justice processing that

were not established by theState.Congress has also establisheda criminal justice system at theFederal level to respond toFederal crimes such as bankrobbery, kidnaping, and transporting stolen goods acrossState lines.The response to crime ismainly a State and localfunctionVery few crimes are under exclusive Federal jurisdiction.The responsibility to respond tomost crime rests with Stateand local governments. Policeprotection is primarily a function of cities and towns. Corrections is primarily a functionof State governments. Mostjustice personnel are employedat the local level.

Discretion is exercisedthroughout the criminal justice systemDiscretion is "an authority conferred by law to act in certainconditions or situations in accordance with an official's oran official agency's own considered judgment andconscience."1 Discretion is exercised throughout the government. It is a part of

decisionmaking in all government systems from mentalhealth to education, as well ascriminal justice. The limits ofdiscretion vary from jurisdictionto jurisdiction.Concerning crime and justice,legislative bodies have recognized that they cannot anticipate the range of circumstances surrounding eachcrime, anticipate local mores,and enact laws that clearly encompass all conduct that iscriminal and all that is not.2

Therefore, persons chargedwith the day-to-day response tocrime are expected to exercisetheir own judgment within limits set by law. Basically, theymust decide 



• whether to take action• where the situation fits in thescheme of law, rules, andprecedent• which official response isappropriate.3

To ensure that discretion is exercised responsibly, government authority is oftendelegated to professionals.Professionalism requires aminimum level of training andorientation, which guide officials in making decisions. Theprofessionalism of policing isdue largely to the desire to ensure the proper exercise of police discretion.

The limits of discretion varyfrom State to State and localityto locality. For example, someState judges have wide discretion in the type of sentencethey may impose. In recentyears other States have soughtto limit the judge's discretion insentencing by passing mandatory sentencing laws that require prison sentences forcertain offenses.

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2 

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Who exercises discretion?These criminal justice officials . . . . . must often decide whether or nPolice Enforce specific laws

Investigate specific crimesSearch people, vicinities, buildingsArrest or detain people

Prosecutors File charges or petitions for adjud

Seek indictmentsDrop casesReduce charges

Judges or magistrates Set bail or conditions for release

Accept pleasDetermine delinquencyDismiss chargesImpose sentenceRevoke probation

Correctional officials Assign to type of correctional facil

Award privilegesPunish for disciplinary infractions

Paroling authorities Determine date and conditions of 

Revoke parole