Exhibit 7.3 outlines the Major Procedural Steps in a Criminal Case (The Criminal Procedural Process). Discuss this process beginning from an arrest through to sentencing and sentencing guidelines (their constitutionality and current use), including post conviction relief (use internet searches to augment this information if necessary). Technically, what is the LEGAL definition of an arrest? Actually, when has a person committed a crime?

UNIT TWO Torts and Crimes Exhibit 7.3 Major Procedural Steps in a Criminal Case ARREST Police officer takes suspect into custody. Most arrests are made without a warrant. After the arrest, the officer searches the suspect, who is then taken to the police station. BOOKING At the police station, the suspect is searched again, photographed, fingerprinted, and allowed at least one telephone call. After the booking, charges are reviewed, and if they are not dropped, a complaint is filed and a magistrate (judge) reviews the case for probable cause. INITIAL APPEARANCE The defendant appears before the judge, who informs the defendant of the charges and of his or her rights. If the defendant requests a lawyer and cannot afford one, a lawyer is appointed. The judge sets bail (conditions under which a suspect can obtain release pending disposition of the case). GRAND JURY PRELIMINARY HEARING A grand jury determines if there is probable In a court proceeding, a prosecutor presents cause to believe that the defendant commit- evidence, and the judge determines if there ted the crime. The federal government and is probable cause to hold the defendant about half of the states require grand jury over for trial. indictments for at least some felonies. INDICTMENT INFORMATION An indictment is a written document issued An information is a formal criminal charge by the grand jury to formally charge the made by the prosecutor. defendant with a crime. ARRAIGNMENT The defendant is brought before the court, informed of the charges, and asked to enter a plea. PLEA BARGAIN A plea bargain is a prosecutor's promise to make concessions (or promise to seek concessions) in return for a defendant's guilty plea. Concessions may include a reduced charge or a lesser sentence. GUILTY PLEA TRIAL In many jurisdictions, most cases that reach The trial can be either a jury trial or a bench the arraignment stage do not go to trial but trial. (In a bench trial, there is no jury, and are resolved by a guilty plea, often as a result the judge decides questions of fact as well of a plea bargain. The judge sets the case for as questions of law.) If the verdict is "guilty," sentencing. the judge sets a date for the sentencing Everyone convicted of a crime has the right to an appeal