A criminal case follows its own path, shaped by the Constitution's protections for people accused of crimes. Compare it with the civil path: the parties, the charging documents and the endings all differ.
Key idea
A criminal case moves from investigation and arrest to charging (a grand jury indictment, required for federal felonies, or a prosecutor's information), arraignment and plea, pretrial motions, plea bargaining or trial, sentencing and appeal. Most convictions come from guilty pleas.
Why it works
Each step reflects a constitutional rule. The Fifth Amendment requires a grand jury indictment for federal "capital, or otherwise infamous" crimes, so a group of citizens, not the prosecutor alone, decides there is probable cause. The Supreme Court has not applied that requirement to the states, and about half the states use grand juries for felonies; others let prosecutors file an information after a preliminary hearing. At trial the government must prove guilt beyond a reasonable doubt, and a jury's guilty verdict for a serious crime must be unanimous (Ramos v. Louisiana, 2020). Plea bargaining resolves more than 90 percent of convictions, state and federal: the defendant pleads guilty, often to a lesser charge or for a sentencing recommendation, and gives up the right to trial.
Worked example: Can the government appeal?
A jury acquits a defendant. The prosecutor believes the judge made a legal error that helped the defense. May the government appeal the acquittal?
- The Double Jeopardy Clause bars a second trial for the same offense after an acquittal.
- An appeal that could lead to a retrial would put the defendant in jeopardy again, so a jury's acquittal is final.
- The defense, by contrast, may appeal a conviction.
Answer: No. An acquittal cannot be appealed by the government.
Worked example: A hung jury
The jury cannot agree, and the judge declares a mistrial. May the state try the defendant again?
- A mistrial caused by a hung jury is not an acquittal.
- Retrial after a hung jury does not violate double jeopardy.
Answer: Yes, the state may retry the case.
Common mistake
Thinking the prosecution can appeal an acquittal. Double jeopardy bars a government appeal of a jury's acquittal; only the defense may appeal a conviction (the government may appeal some rulings made before trial, such as an order suppressing evidence). Check: did the case end in an acquittal? Then it is over for that offense.
This is an educational course, not legal advice.