The United States legal system can be confusing to navigate, but it is a hallmark of a democratic nation. By setting laws, the country can ensure that civilization remains civilized, yet understanding the nuances of criminal justice can be a challenge. To that end, learning everything there is to know about due process and how the criminal justice system works can be of benefit if you ever find yourself in a sticky situation.
What is Due Process?
First and foremost, the criminal justice system is based upon a foundation called due process. This refers to the application of all legal rules and principals involved in a case, while ensuring the rights of the accused person are maintained. Essentially, it is a promise of fair treatment throughout the judicial system, supporting the concept of “innocent until proven guilty”.
This concept originates from the 14th amendment of the United States constitution, which states that no citizen of the U.S. will be deprived of life, liberty, or property without the due process of law occurring, and that all citizens are entitled to equal protection under the law. It is upon this foundation that the three pillars of the criminal justice system were formed.
The Three Primary Areas of Criminal Justice
As mentioned, there are three areas of criminal justice that are used to support due process. Each has representation on both the state and federal level to ensure that legal protections exist for those who commit crimes on one or both levels.
The Police Force
Law enforcement agencies are tasked with investigation when there is reason to suspect a criminal act has occurred, and they also have the authority to make arrests when there is reasonable suspicion that a person committed an illegal act. Duties also blend into general maintenance of social order and developing strategies to improve public safety.
State vs. Federal Police
The difference between state and federal law enforcement is that the former only handles matters that occur within a single state. Federal law enforcement steps in if a crime occurs across multiple states or if a crime is within federal jurisdiction. Examples of state law enforcement include:
- Local police officers in a city
- State police and highway police
- Special jurisdiction police, such as school resource officers
- Deputy sheriffs who work at the county level
On the other hand, federal law enforcement is slightly more spread out across roughly 65 different agencies. The Federal Bureau of Investigation, U.S. Customs and Border Protection, and Transportation Security Administration are some of the most common examples.
The Courts
After a person has been accused of a crime and arrested, or requested to appear in a court of law, the second pillar of criminal justice enters the picture: the judiciary system. This broadly refers to the legal system in which criminals are tried in and found guilty or innocent. Prosecutors and defenders work within this second pillar to either prove that innocence or guilt on behalf of their respective party.
State vs. Federal Courts
State courts abide by the laws outlined in their specific state and can have jurisdiction over anything from simply family disputes to murder cases. A primary difference between state and federal court is that judges are elected or appointed for a given number of years to state court, but federal judges are nominated by the President and confirmed by the senate.
Federal courts only have jurisdiction over cases that involve the laws and treaties of the federal government, disputes between states, fraud, issues that deal with the constitution, and similar items.
The Correction Facilities
Finally, the third aspect of the criminal justice system is the corrections facilities that hold those who have been found guilty. However, this doesn’t just have to be a jail or prison. Probation and parole also fall under the umbrella of corrections, but facilities are the most common part. The type of corrections is determined by the judiciary.
State vs. Federal Corrections Institutions
Any crimes committed against federal law, where one is found guilty, could result in being sent to a federal prison that is regulated by the U.S. government. Being found guilty on the state level typically results in sentencing to a state correctional facility. For example, if you are conducting a people search to locate somebody who has been convicted of a state crime, they would most likely be found in a state court.
What is the Difference Between a Civil and Criminal Violation?
With the three main pillar of criminal justice outlined, it’s important to distinguish between civil and criminal violations. In most cases, civil cases are disputes between people or organizations, such as legal dispute over property lines. On the other hand, criminal offences fall under the umbrella of criminal law and may refer to one person injuring, murdering, extorting, or doing something else criminal to another person.
Additionally, certain items such as fraud and tax evasion are considered to be criminal actions. Generally, criminal charges come with heftier sentences and can result in jailtime whereas civil cases mostly result in fines or are dismissed entirely.
General Tips to Follow if You Are Accused of a Crime
Being on the receiving end of an accusation for a crime is never ideal. However, it’s important to slow down and use the following tips to ensure your best chance at getting charges dismissed:
- Contact a lawyer as soon as possible to discuss your case
- Never resist arrest
- Don’t provide a DNA sample until a lawyer arrives
- Never destroy evidence that could be used in the case
The above tips are important to keep in mind prior to your lawyer arriving. Once you have legal representation, follow the instructions of your lawyer to start proving your innocence.
Stay on the good side of the law
While all people strive to follow the law, it’s no secret that mistakes happen. If you ever find yourself in legal trouble, the above is a good starting point for understanding how due process will likely occur. Always reach out to a lawyer as soon as possible if you find yourself in any legal trouble, or if you have general legal questions you would like answered.
