The U.S. Criminal Justice System and Process
Domain 2 - The U.S. Criminal Justice System and Process
This domain tests the sequence of the criminal process, who decides what at each stage, and the constitutional hooks that attach along the way.
Structure and models
U.S. justice is adversarial and federalist: state and federal systems run in parallel, each with police, courts, and corrections. Herbert Packer's crime control model stresses efficiency and finality; the due process model stresses reliability and individual rights. Most cases never reach trial - the process is a funnel, with plea bargaining resolving the large majority.
Stage sequence
- Investigation → 2. Arrest (probable cause) → 3. Booking → 4. Initial appearance (probable-cause review, counsel, bail; County of Riverside v. McLaughlin presumes a warrantless arrestee's determination within 48 hours is prompt) → 5. Bail (Bail Reform Act of 1984; Stack v. Boyle: bail cannot exceed what secures appearance) → 6. Preliminary hearing or grand jury (federal felonies require indictment) → 7. Arraignment (charges read, plea entered) → 8. Discovery and pretrial motions → 9. Trial → 10. Sentencing → 11. Appeal → 12. Corrections.
Burdens and standards
The state bears the burden; guilt requires proof beyond a reasonable doubt (In re Winship). Probable cause is a lower, practical standard; reasonable suspicion is lower still.
Worked example
A defendant is arrested without a warrant Monday at 9 a.m. and appears before a magistrate Wednesday at 9 a.m., where probable cause is found. Is that timely? Reasoning: McLaughlin presumes a determination within 48 hours is prompt, and this is exactly 48 hours. The answer turns on whether the hearing was delayed for convenience or evidence-gathering, not on whether the arrest itself was lawful.
Traps
- Conflating the initial appearance (probable cause, counsel, bail) with arraignment (formal charges and plea).
- Believing a grand jury decides guilt; it only authorizes prosecution.
- Assuming every state uses grand juries - many rely on informations after preliminary hearings.
- Treating the funnel as "most cases go to trial."