Explain what happens in each stage of the criminal justice process.

Question

What will be an ideal response?

Answer 1

The ideal answer should include:
1. The first stage of the criminal justice process is arrest. Both the U.S. and Texas constitutions guarantee that no person shall be arrested unless probable cause has been established.
2. The second stage of the process is the indictment. For individuals accused of committing a felony, a critical component of due process is the right to have the facts of the case heard by a grand jury. The grand jury decides whether there is enough evidence to ascertain probable cause. If so, then they will issue a "true bill" or indictment and the case will move to the next stage.
3. In the third stage, the trial, the prosecutor represents the state and brings the case to trial. However, before trial the prosecutor will attempt to negotiate a settlement, usually for a lesser charge or less jail time, with the accused. If the accused (defendant) does not agree to the plea bargain, then he or she can have either a trial by jury or a bench trial, where the case is heard by a judge and no jury. When a defendant opts for a bench trial, the judge hears the testimony and determines the verdict. If the case goes to a jury trial, six jurors hear misdemeanor cases (those heard in municipal, justice, and county courts-at-law). Twelve jurors are required for felony jury cases, which are tried in the district courts. Conviction for a jury trial requires that all members of the jury agree on a verdict of "guilty." Likewise, a unanimous vote is required for a finding of "not guilty." If the final verdict is not unanimous, or if the jury fails to render a verdict at all, the judge declares a hung jury (a non-unanimous verdict) or mistrial, and the prosecutor has the option of requesting a second trial using another jury.