Only thegovernment initiates a criminal case, usually through the U.S. attorney’s office, in coordination with a law enforcement agency. Allegations of criminal behavior should be brought to the local police, the FBI, or another appropriate law enforcement agency.
The Judicial Process
Criminal cases differfrom civil cases. At the beginning of a federal criminal case, the principal actors are the U.S. Attorney (the prosecutor) and the grand jury. The U.S. Attorney represents the United States in most court proceedings, including all criminal prosecutions. The grand jury reviews evidence presented by the U.S. Attorney and decides whether it is sufficient to require a defendant to stand trial.
Burden of Proof
In a criminal trial, the burden of proof is on the government. Defendants do not have to prove their innocence. Instead, the government must provide evidence to convince the jury of the defendant’s guilt. The standard of proof in a criminal trial gives the prosecutor a much greater burden than the plaintiff in a civil trial. The defendant must be found guilty “beyond a reasonable doubt,” which means the evidence must be so strong that there is no reasonable doubt that the defendant committed the crime.
Pretrial
At an initial appearance, a judge who has reviewed arrest and post-arrest investigation reports, advises the defendant of the charges filed, considers whether the defendant should be held in jail until trial, and determines whether there is probable cause to believe that an offense has been committed and that the defendant has committed it. Defendants who are unable to afford counsel are advised of their right to a court-appointed attorney. Defendants released into the community before trial may be subject to electronic monitoring or drug testing, and required to make periodic reports to a pretrial services officer to ensure appearance at trial.
The defendant enters a plea to the charges brought by the U.S. Attorney at a court hearing known as arraignment. More than 90 percent of defendants plead guilty rather than go to trial. If a defendant pleads guilty in return for the government agreeing to drop certain charges or to recommend a lenient sentence, the agreement often is called a “plea bargain.” If the defendant pleads guilty, the judge may impose a sentence, but more commonly will schedule a later hearing to determine the sentence. In most felony cases the judge waits for the results of a presentence report from the court’s probation office before imposing sentence. If the defendant pleads not guilty, the judge will schedule a trial.
Trial
Criminal cases include limited pretrial discovery proceedings, similar to those in civil cases, but with restrictions to protect the identity of government informants and to prevent intimidation of witnesses. The attorneys also may file motions, which are requests for rulings by the court before the trial, such as to suppress evidence that could violate a defendant’s constitutional rights.
If a defendant is found not guilty, the defendant is released and the government may not appeal. The person may not be charged again for the same offense in a federal court. The Constitution prohibits “double jeopardy,” or being tried twice for the same offense.
Sentencing
If the verdict is guilty, the judge determines the defendant’s sentence. During sentencing, the court may consider U. S. Sentencing Commission guidelines, evidence produced at trial, and also relevant information provided by the pretrial services officer, the U.S. attorney, and the defense attorney.
A sentence may include time in prison, a fine to be paid to the government, and restitution to be paid to crime victims. The court’s probation officers enforce conditions imposed by the courtpart of a criminal sentence. Supervision of offenders may involve services such as substance abuse testing and treatment programs, job counseling, and alternative detention options, such as home confinement or electronic monitoring.
FAQs
Well over 90% of criminal cases are resolved by way of plea bargain. That is, a mutually agreeable negotiated end to the case generally involving the defendant's admission of some charges in exchange for a specified consequence. The reason for this is simple. Jury trials are tremendously costly in terms of resources.
What is the hardest crime to prove in court? ›
White collar crimes like fraud and embezzlement might be more difficult to defend than others. This is because these crimes are generally investigated in great detail, which means there will be a lot of evidence to sort through. Because the evidence is purely financial, it is often difficult for jurors to comprehend.
Does insufficient evidence mean innocent? ›
Strong evidence is crucial for the state to convict you. Insufficient evidence could lead to your charge being dropped, a not-guilty verdict, a lesser charge, or a plea deal.
What is the hardest crime to solve? ›
Burglary is probably the most difficult to solve because its perpetrators do not have a motive that makes the victim's identity relevant. In most cases, they will elect to steal from an unoccupied home or dwelling, which may leave few, if any, witnesses.
Does turning yourself in reduce your sentence? ›
While self-reporting a crime and pleading guilty can certainly help to reduce the severity of the penalties you could face, this is not to say that it will exonerate you entirely.
What percentage of crime is actually solved? ›
In 2020, about 45% of reported violent crimes in California were solved. While this clearance rate has fluctuated somewhat, peaking at slightly above 50% in the late 1990s, it has stayed within a relatively narrow band over the last decade and is roughly where it was in the late 1980s.
What is enough evidence to convict? ›
Proof Beyond a Reasonable Doubt Is Required for a Conviction
This high standard is known as the beyond-a-reasonable-doubt standard. It is required in all criminal prosecutions.
What are the three burdens of proof? ›
The Bottom Line
Three levels of the burden of proof, "beyond a reasonable doubt," a "preponderance of the evidence," and "clear and convincing" determine the level of evidence required for a claim.
How to prove not guilty? ›
Compelling evidence for your defense can include: Witness testimony: Have a reliable witness testify about where you were at the time the crime occurred. Security videos: Present traffic camera video footage, surveillance footage, or personal camera footage that shows you were someplace else when the crime occurred.
What is the most ignored crime? ›
Because trafficking is scarcely reported or detected, especially forced labor, these numbers may inadequately represent the magnitude of the crime, creating more questions and more confusion about the nature of this crime. Forced labor is the most common, yet most overlooked form of trafficking.
Child abuse is uniquely difficult to prosecute. No other type of case consistently presents such complex psychological and social dynamics. No other type of case so often requires the prosecutor to go to trial with a child as its crucial witness.
What crime is feared the most? ›
Crimes Americans worry about most in 2022
| Characteristic | Share of respondents |
|---|
| Your home being burglarized when you are there | 34% |
| Being a victim of a hate crime | 30% |
| Getting murdered | 29% |
| Being sexually assaulted | 29% |
9 more rowsJul 5, 2024
Most are resolved when the defendant enters a guilty plea or a plea of no contest. In many instances, the defendant agrees to plead guilty or no contest and in exchange the prosecutor reduces the charges or makes a favorable sentencing recommendation. The judge has the discretion to accept or reject plea agreements.
How are most federal criminal cases resolved? ›
Following an indictment or arrest, most criminal cases are resolved before trial, often with a guilty plea. Criminal cases involve an allegation by the government that an individual or entity violated the criminal laws of the United States.
What do most criminal cases end in? ›
More than 90 percent of defendants plead guilty rather than go to trial.
What crimes are most likely to be solved? ›
The most frequently solved violent crime tends to be homicide.
