The Criminal Justice System: A Guide for Law Enforcement ... - NHTSA

Grand Jury - A jury whose job is to determine
if there is adequate evidence to charge a
defendant with a crime. Not all States use the
grand jury system. Experts may need to testify at
this stage.
Discovery - A pre-trial stage where the parties
exchange information about the evidence and
arguments they will offer at trial. In many States,
the burden of supplying discovery information
rests almost entirely upon the prosecution. This
is because the presumption of innocence and the
privilege against self-incrimination generally
permit a defendant to remain silent throughout
the prosecution.
Pre-Trial Motions & Hearings - A motion is a
request by which a party (prosecution or defense)
asks a judge to issue an order. For example, in
criminal cases, pre-trial motions by defendants
commonly include motions for dismissal of the
indictment and for suppression of evidence.
Experts may need to testify at this stage
Trial - A trial determines the question of the
defendant’s guilt. The verdict of the jury is either
“guilty” or “not guilty” on each charge given to
the jury for determination. Experts involved in a
case will testify at this stage
Post-Conviction and Post-Judgment Motions
Post-conviction and post-judgment motions are
used to attack guilty findings. As part of these
motions the defendant may seek an evidentiary
hearing to bring to light facts not litigated during
the trial.
Sentencing - The imposition of punishment by
the judge following a conviction. The range of
possible sentences depends on the level of the
offense committed.
Appeal - A review by a higher court of the
correctness of legal proceedings in a lower court.
If the conviction is overturned on appeal, the
case starts all over again – and witnesses may be
called to testify at a new trial as if the previous
trial never occurred.
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