Introduction
Criminal justice is implemented via a strictly defined set of steps. Following the established steps is important since slight inconsistencies may result in an appeal to a higher-ranking instance. Pretrial decisions also influence the trial and the overall case progression (Bechtel et al., 2017). Therefore, studying the processes that take place before the trial is important for understanding the overall delivery of criminal justice. In total, pretrial procedures comprise five steps: initial appearances, discovery, plea bargaining, preliminary hearing, and pre-trial motions.
Initial Appearance
The starting point of pretrial procedures is the arrest of a suspected offender. For the apprehension to be lawful, it has to be based on a reasonable suspicion by police officers. Once the person has been arrested, they have to appear for the initial hearing, also known as arraignment (Office of the United States Attorneys, n.d.b). The magistrate acquaints the defendant about their charges, rights, and upcoming trial. The defendant is also provided with a defense attorney who will represent them in court.
Discovery
Before the trial begins, the defense attorney and the prosecutor must prepare for it. This stage presupposes the collection of evidence, its analysis, and the search for witnesses. It should also be noted that witnesses are not limited to people who oversaw the crime, as testimonies can also be given by individuals with expertise in the concerned area and even acquaintances (Office of the United States Attorneys, n.d.a). Meanwhile, the defendant is notified about the materials as well as evidence that will be used against them in court.
Plea Bargaining
In some cases, the defendant may be offered to make a bargain. It transpires when there is sufficient evidence for the Government to view the arrested person as guilty. The subsequent bargain requires the defendant to plead guilty in exchange for avoiding trial altogether or reducing their final sentence (Office of the United States Attorneys, n.d.c). The bargain may not be offered, but the defendant has to accept the terms to take effect.
Preliminary Hearing
Before an actual trial can begin, the defendant has to plead not guilty. Preliminary hearings are held to sort out cases that have insufficient evidence of the defendant’s guilt Office of the United States Attorneys, n.d.d). Depending on the outcome of this proceeding, the trial can be scheduled if the judge is convinced, or the prosecution may cease entirely if the evidence is refuted.
Pre-Trial Motions
The final step before the trial can commence filing motions. These proposals are issued to the court by both the prosecution and defense. Each motion is a specific request to make a certain decision before the actual trial can begin (Office of the United States Attorneys. (n.d.e). Motions range from requests to suppress evidence to attempts to dismiss the charges altogether. In any case, the outcome of motions is decided solely by judges.
Conclusion
After the initial appearance, discovery, plea bargaining, preliminary hearing, and pre-trial motions have passed, the trial can begin. It should also be noted that not all of these steps are mandatory, as certain proceedings, such as preliminary hearings and plea bargaining, can be skipped. Nevertheless, the rest of the pre-trial procedures are important since they lay the essential foundation for the trial.
References
Bechtel, K., Holsinger, A. M., Lowenkamp, C. T., & Warren, M. J. (2017). A meta-analytic review of pretrial research: Risk assessment, bond type, and interventions.American Journal of Criminal Justice, 42(2), 443-467. Web.
Office of the United States Attorneys. (n.d.a). Discovery. Web.
Office of the United States Attorneys. (n.d.b). Initial hearing / Arraignment. Web.
Office of the United States Attorneys. (n.d.c). Plea bargaining. Web.
Office of the United States Attorneys. (n.d.d). Preliminary hearing. Web.
Office of the United States Attorneys. (n.d.e). Pre-trial motions. Web.