When an individual is arrested under suspicion of having committed a crime, the criminal process is firstly put into action by an arrest of the suspect or by the suspect being given an arrest warrant which is issued by a judge. 

The state, federal or local government bodies can solely bring about charges against a suspect for acts such as theft, assault, or murder. Lesser charges are called misdemeanors and a felony is formerly considered a more serious crime and includes crimes such as rape, burglary or murder. There is no private justice or private retribution in the American justice system. 

At a federal level and in certain states, the suspect must be indicted, which is to stand before a grand jury and be formally charged of a crime or other offence. The jury is a group of American citizens who determine if the evidence warrants bringing charges against the subject and henceforth laying charges. The grand jury however, does not decide guilt or innocence.  

As seen in many television shows and movies the suspect when arrested is immediately read his or her rights. Essentially, this is taken from several basic provisions in the Bill of Rights. “You have the right to remain silent. Anything you say can, and will, be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you.” 

Within the next 48 hours or as close to after an arrest, the suspect is brought before a magistrate or judge who informs the suspect of the charge against them, and also to decide whether there is reason enough to hold them for a trial. During this hearing, called the arraignment, or near after, the suspect has to put in a plea of “guilty” or “not guilty”. The judge will at times set bail, an amount of money that can be forfeited if the suspect does not turn up for the trial. When a serious crime has been committed such as murder, the judge might deny bail and the suspect will be reincarcerated. 

More than 90 percent of cases in America are resolved with a guilty plea through “plea bargaining”. This is where the government prosecutor offers a compromise, through the defending attorney, to the defendant where by the defendant pleads guilty to a lesser charge and therefore a lesser sentence is offered. The plea agreement must be approved by the court. 

In the United States all criminal trials operate on the adversarial principle, where the facts of the case and the truth will be revealed in a contest between the government prosecutor and the defense for the suspect. Both   operate under strict rules and procedures when presenting the evidence, hopefully ensuring a fair trial. The judge is an impartial authority over the proceedings.

The decision of innocence or guilt in a criminal trial lies with the jury. Only with some exceptions does the judge determine a verdict. The sixth Amendment to the Constitution ensures that  a criminal trial rests with a jury verdict .Juries are made up of 12 American citizens, plus alternates, who are randomly chosen from lists of registered voters and lists of residents. 

Jury duty is compulsory unlike other democratic acts such as voting which is voluntary. All citizens are required to respond to a court summons when requested as a juror. 

Before a trial can commence, the judge or lawyers determine whether a juror is suitable and is indeed impartial to the case by questioning the prospective juror. This is known as voir dire and ensures that the juror is able to hear the evidence and render a fair  verdict. In nearly all cases, federal and state, a verdict of guilty must be unanimous. A “hung” jury is when the jurors cannot agree on a verdict and are split in their decision. 

The process of a trial is carefully orchestrated to give each side a chance to present their evidence and conclusions. The prosecution must always present the proof pertaining to the crime; the defendant is always presumed innocent unless the prosecution can provide evidence to support a guilty verdict “beyond a reasonable doubt.” 

Defendants are never compelled to testify in their own defense, unless they so choose to do so, as they may self- incriminate themselves. 

When a guilty verdict is given, the court imposes a sentence, following legislative guidelines, for the type of punishment which is suitable to the nature and circumstances of the crime committed. The convicted person is then fined, ordered by the court to pay retribution to the victim, given a community service task or in severe crimes, sent to prison.  

Sometimes a suspended sentence may be given to a defendant. Parole can be granted after a defendant serves part of their prison sentence. Parole is being freed on probation however still being monitored by law enforcement authorities and with some conditions in place. If these conditions are not upheld or another crime is committed, the defendant can be reincarcerated. 

After conviction, a defendant can apply to appeal their conviction although in most cases a court of appeal will not re examine the facts, or the same evidence, but just review the case to determine whether any errors were made in the procedure of carrying out of the law.