The Criminal Process: From Investigation to Appeal

The Criminal Process: From Investigation to Appeal

A criminal case does not begin with a trial.

Long before a defendant stands before a judge or jury, law enforcement may have begun investigating suspected criminal activity. Evidence may be collected, witnesses interviewed, searches conducted, and suspects identified. Prosecutors may then evaluate the available evidence and determine whether criminal charges should be brought. Once a case enters court, a series of procedural stages may follow, including arraignment, pretrial motions, discovery, plea negotiations, and potentially a trial. If the defendant is convicted, the process may continue through sentencing and appellate or post-conviction proceedings.

This sequence is commonly described as the criminal process.

Although the precise procedures differ between federal and state systems, the basic progression can be understood as a movement from investigation, to accusation, to adjudication, to judgment, and potentially to appellate review.

The Cornell Law School Legal Information Institute’s Wex materials on criminal procedure provide an overview of the procedural rules governing criminal prosecutions. Those rules derive from constitutional provisions, statutes, court rules, and judicial decisions and vary depending on the jurisdiction.

Understanding the criminal process as a whole is important because individual procedural rules make much more sense when viewed within the larger sequence of events.

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1. Criminal Investigation

The criminal process may begin with an investigation into suspected criminal activity.

A police department, federal agency, prosecutor’s office, or other authorized investigative authority may receive information suggesting that a crime has occurred. The information might come from a victim, witness, informant, surveillance, physical evidence, financial records, digital information, or another source.

At this stage, there may be no defendant in the legal sense and no formal criminal case before a court.

Investigators may attempt to determine:

• whether a crime occurred;
• what offense may have been committed;
• who may have committed it;
• what evidence exists;
• whether additional evidence can be lawfully obtained; and
• whether there is sufficient evidence to justify further governmental action.

The investigation may be relatively brief or may continue for months or even years, particularly in complex cases involving organized crime, financial offenses, public corruption, or sophisticated digital investigations.

Investigative Powers Are Legally Limited

The government does not have unlimited authority to investigate individuals.

Constitutional protections may become relevant before formal charges are filed. The Fourth Amendment, for example, regulates many searches and seizures by government officials. Other constitutional doctrines govern questioning, identification procedures, surveillance, and the collection or use of particular forms of evidence.

The fact that an investigation is still preliminary does not mean that constitutional rights are irrelevant.

At the same time, not every investigative activity requires the same level of legal justification. A consensual conversation, a brief investigative detention, a search conducted pursuant to a valid warrant, and a custodial interrogation are legally different events.

The circumstances therefore determine which procedural and constitutional rules apply.

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2. Stops, Searches, and Seizures

Investigations frequently involve encounters between law enforcement and potential suspects.

An officer may stop a person, search a person or vehicle, obtain a warrant, seize physical evidence, or take other investigative measures.

The legality of these actions may depend on concepts such as reasonable suspicion, probable cause, consent, warrants, and recognized exceptions to warrant requirements.

A central principle is that evidence cannot automatically be treated as lawful merely because police believe it may be relevant to a crime.

The government must comply with applicable constitutional and statutory restrictions.

Why This Stage Matters Later

The legality of an investigative search can become important much later in the case.

Suppose police obtain physical evidence during a search. If the defense later establishes that the search violated the Fourth Amendment or another applicable legal rule, the defendant may seek to have the evidence suppressed.

Thus, an event occurring during the investigation may determine what evidence is available at trial.

This is one of the defining characteristics of criminal procedure: earlier procedural decisions can have consequences at every later stage of the case.

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3. Identification of a Suspect

An investigation may eventually focus on a particular individual.

Investigators may identify a suspect through witness statements, physical evidence, surveillance, forensic analysis, financial records, electronic information, admissions, or other investigative methods.

Being identified as a suspect does not itself establish guilt.

The government must distinguish between suspicion and proof.

A person may be investigated extensively and ultimately never charged because the evidence is insufficient, contradictory, unreliable, or legally inadmissible.

This distinction is fundamental to the presumption of innocence and the government’s burden in a criminal prosecution.

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4. Arrest

If law enforcement obtains sufficient legal grounds, a suspect may be arrested.

An arrest involves a significant restriction of the person’s liberty. The constitutional requirements governing an arrest depend upon the circumstances, including whether the arrest occurs pursuant to a warrant or under circumstances permitting a warrantless arrest.

An arrest does not establish guilt.

It means that the government has taken the person into custody under legal authority and that the criminal process has reached a more formal stage.

Arrest and Investigation

An arrest may occur before formal charges are filed, or it may follow the initiation of formal proceedings, depending on the jurisdiction and circumstances.

After arrest, additional procedural protections become especially important.

The government must comply with applicable rules concerning detention, questioning, counsel, judicial review, and the initiation of formal charges.

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5. Custodial Interrogation and Miranda Rights

An arrested person may be questioned by law enforcement, but constitutional restrictions apply to custodial interrogation.

The Supreme Court’s decision in Miranda v. Arizona established important safeguards concerning custodial interrogation and warnings about constitutional rights.

The familiar Miranda warnings generally inform a person in custodial interrogation of rights including the right to remain silent and the right to an attorney.

However, Miranda is not simply a synonym for “being arrested.”

The constitutional rules depend upon whether the person is in custody and whether law enforcement is conducting interrogation as those concepts have been defined by constitutional doctrine.

This distinction is important because not every conversation between a police officer and a suspect constitutes custodial interrogation.

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6. Charging a Defendant

At some point, the government may decide to bring formal criminal charges.

The method of charging depends upon the jurisdiction and the nature of the offense.

Criminal charges may be initiated through instruments such as:

• an indictment;
• an information;
• a criminal complaint; or
• another legally authorized charging document.

The charging document identifies the offense or offenses alleged against the defendant.

This serves an important procedural function: the defendant must have adequate notice of what the government alleges.

A person may therefore move from being merely a suspect under investigation to becoming a defendant formally accused of a crime.

That distinction is significant.

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7. The Grand Jury

In the federal system, serious federal offenses generally require an indictment unless the constitutional or statutory requirements are satisfied through another authorized mechanism.

A grand jury considers evidence presented by the prosecution and determines whether there is sufficient probable cause to issue an indictment.

The grand jury’s role should not be confused with the role of a trial jury.

A grand jury does not determine whether the defendant is guilty beyond a reasonable doubt.

Its function is to determine whether there is sufficient basis for the formal accusation to proceed.

Grand jury proceedings are generally conducted differently from public criminal trials, and the defendant does not ordinarily have the same role in the grand jury proceeding that the defendant has at trial.

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8. Initial Appearance

After arrest and the initiation of criminal proceedings, the defendant generally appears before a judicial officer.

The precise procedure varies by jurisdiction, but an initial appearance may address matters such as:

• the identity of the defendant;
• the charges;
• the defendant’s rights;
• appointment or confirmation of counsel;
• detention or release;
• conditions of release; and
• scheduling of subsequent proceedings.

The court may also determine whether the defendant should remain in custody pending further proceedings.

The initial appearance therefore begins the formal judicial supervision of the criminal case.

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9. Bail and Pretrial Detention

A central question at the beginning of a criminal case is whether the defendant will remain in custody while the prosecution continues.

The law distinguishes between pretrial detention and punishment following conviction.

A person who has not been convicted is generally not being detained as punishment for the charged offense merely because the person is awaiting trial.

Instead, detention or conditions of release may be based on legally recognized considerations such as risk of flight or, under applicable law, danger to the community.

Courts may release defendants subject to conditions intended to ensure their appearance and compliance with the legal process.

The constitutional prohibition against excessive bail, together with federal and state statutes, provides important limits in this area.

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10. Arraignment

Arraignment is a formal stage at which the defendant is informed of the charges and enters a plea.

The defendant may plead:

• guilty;
• not guilty; or
• where permitted, no contest.

The exact procedures vary by jurisdiction.

A not-guilty plea generally means that the prosecution must continue the case and establish the defendant’s guilt according to the applicable legal standard unless the case is otherwise resolved.

A guilty plea, by contrast, may eliminate the need for a full trial, although sentencing and other procedural matters may remain.

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11. The Right to Counsel

The right to legal representation is one of the most important protections in the criminal process.

The Sixth Amendment provides a constitutional right to counsel in qualifying criminal proceedings. The scope and timing of that right have been developed through extensive judicial decisions.

Where the constitutional right applies and the defendant is unable to afford an attorney, the government may be required to provide counsel.

Defense counsel plays numerous roles throughout the criminal process, including:

• advising the defendant;
• investigating the case;
• examining the government’s evidence;
• challenging unlawful searches or statements;
• negotiating with prosecutors;
• preparing for trial;
• presenting a defense; and
• pursuing appropriate appellate remedies.

The right to counsel is therefore not limited to appearing beside the defendant in the courtroom.

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12. Discovery

Once the criminal case is underway, the prosecution and defense engage in discovery and disclosure.

Discovery rules govern what information and evidence must be provided to the opposing side.

The prosecution may possess police reports, witness statements, photographs, recordings, laboratory results, digital evidence, documents, and other materials relevant to the case.

Constitutional doctrine also imposes important disclosure obligations on prosecutors in appropriate circumstances. The Supreme Court’s decision in Brady v. Maryland, for example, established a constitutional rule concerning the government’s suppression of material evidence favorable to the accused.

Discovery serves an important function in preventing trial by surprise and enabling both sides to prepare their cases.

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13. Pretrial Motions

Before trial, the parties may ask the court to decide important legal questions.

These requests are generally made through pretrial motions.

Examples include motions:

• to suppress evidence;
• to suppress a confession or statement;
• to dismiss charges;
• to compel disclosure;
• to exclude particular evidence;
• to challenge defects in the charging document; or
• to resolve other constitutional or procedural issues.

Some pretrial motions can fundamentally change the course of a case.

If a court suppresses evidence that forms a central part of the prosecution’s case, for example, the government may become unable to prove an essential element of the offense.

Pretrial litigation is therefore often a critical part of criminal procedure even though no jury is present.

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14. Plea Bargaining

Not every criminal case proceeds to trial.

Many cases are resolved through plea bargaining, in which the prosecution and defense negotiate a proposed resolution.

A defendant may agree to plead guilty to a particular offense or accept specified terms in exchange for concessions from the prosecution.

Those concessions may involve dismissal of other charges, a different offense, sentencing recommendations, or other legally permitted arrangements.

Plea bargaining is an important feature of the American criminal justice system because it allows many cases to be resolved without a full trial.

However, a guilty plea must satisfy applicable constitutional and procedural requirements.

The defendant must understand the nature and consequences of the plea, and the plea must be entered voluntarily and with the required level of factual and legal understanding.

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15. The Decision to Proceed to Trial

If the case is not resolved through dismissal, a plea, or another disposition, it may proceed to trial.

The defendant generally has a constitutional right to a jury trial in qualifying criminal cases, although the precise scope of that right and the circumstances in which a jury may be waived are governed by constitutional and procedural law.

At this point, the case moves from primarily pretrial litigation toward adjudication of the government’s accusation.

The central question becomes whether the prosecution can prove the charged offense beyond a reasonable doubt.

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16. Jury Selection

In a jury trial, the process begins with the selection of jurors.

Potential jurors may be questioned to determine whether they can serve impartially.

The parties may challenge prospective jurors under applicable rules, including challenges for cause and, where permitted, peremptory challenges.

The purpose is to establish a jury capable of deciding the case fairly and according to the evidence and law presented at trial.

Jury selection is not merely an administrative formality. An impartial jury is an important constitutional component of the criminal trial.

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17. Opening Statements

Once the jury has been selected, the parties may make opening statements.

The prosecution generally explains what it expects the evidence to establish.

The defense may present its own explanation of the case, although the precise order and scope of opening statements vary according to procedural rules.

Opening statements are not themselves evidence.

They provide a framework through which the jury can understand the evidence that will follow.

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18. Presentation of the Prosecution’s Evidence

The prosecution presents evidence intended to establish each required element of the charged offense.

This may include:

• testimony from witnesses;
• physical evidence;
• documents;
• photographs;
• recordings;
• forensic evidence;
• expert testimony; and
• other admissible material.

Defense counsel may cross-examine prosecution witnesses.

The prosecution retains the burden of proving the defendant’s guilt.

The defendant does not generally have to prove innocence.

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19. The Defense Case

After the prosecution presents its case, the defense may present evidence, although a defendant has a constitutional right not to testify and generally cannot be compelled to provide incriminating testimony in violation of the Fifth Amendment.

The defense may call witnesses, introduce documents or physical evidence, challenge the prosecution’s evidence, or rely upon legal defenses.

In some cases, the defense may determine that it is strategically preferable not to present evidence.

The absence of a defense case does not automatically establish guilt.

The prosecution still bears its burden of proof.

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20. Closing Arguments

After the evidence has been presented, the parties make closing arguments.

Closing arguments allow the prosecution and defense to explain how they believe the evidence should be interpreted.

The prosecution may argue that the evidence establishes each element of the offense beyond a reasonable doubt.

The defense may challenge the reliability or sufficiency of the evidence and emphasize reasonable doubt or applicable defenses.

Like opening statements, closing arguments are advocacy rather than evidence.

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21. Jury Instructions and Deliberations

Before the jury begins deliberating, the judge instructs the jurors concerning the applicable law.

Instructions may explain:

• the elements of the charged offense;
• the burden of proof;
• the presumption of innocence;
• the meaning of reasonable doubt;
• applicable defenses; and
• the legal rules governing deliberations.

The jury then deliberates privately.

The jury’s task is to determine the facts according to the evidence and apply the law provided by the court.

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22. The Verdict

The jury eventually returns a verdict.

Depending on the charges and jurisdiction, the verdict may be guilty or not guilty on one or more counts.

In a bench trial, the judge performs the fact-finding function that would otherwise belong to the jury.

A guilty verdict establishes criminal responsibility for the charged offense subject to the subsequent judgment and any available appellate review.

A not-guilty verdict generally results in acquittal of the relevant charge and triggers important constitutional protections against repeated prosecution.

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23. Sentencing

If the defendant is convicted, the case ordinarily moves to sentencing.

Sentencing is the stage at which the court determines the legally authorized consequences of the conviction.

Depending on the jurisdiction and offense, those consequences may include:

• imprisonment;
• probation;
• fines;
• restitution;
• supervised release;
• community-based sanctions; or
• other legally authorized penalties.

Sentencing may involve additional hearings, factual findings, sentencing memoranda, victim-impact information, and consideration of statutory sentencing requirements.

Federal and state sentencing systems differ substantially, so the precise procedure depends on the jurisdiction.

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24. Post-Trial Motions

The criminal process may include procedural steps between conviction and appeal.

A defendant may be permitted to file motions challenging aspects of the verdict, judgment, or sentencing process.

Depending on the jurisdiction, such motions may seek a new trial, judgment of acquittal, correction of an unlawful sentence, or other relief authorized by law.

These procedures can provide the trial court with an opportunity to correct certain errors before an appellate court becomes involved.

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25. Appeal

A conviction or sentence may be subject to appellate review, although the availability and scope of appellate remedies depend on the jurisdiction and procedural posture of the case.

An appeal is fundamentally different from a new trial.

An appellate court generally reviews the existing record to determine whether the lower court committed a legally significant error.

The appellate court may consider issues involving:

• constitutional violations;
• erroneous evidentiary rulings;
• incorrect jury instructions;
• improper legal interpretations;
• sentencing errors;
• prosecutorial misconduct; or
• other recognized grounds for appellate review.

Appellate courts generally do not simply retry the facts.

Different issues may also receive different standards of appellate review, meaning that the degree of deference given to the lower court depends upon the type of question being reviewed.

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26. Possible Outcomes on Appeal

An appellate court may reach several different conclusions.

It may:

• affirm the conviction;
• reverse the conviction;
• vacate a judgment;
• remand the case for further proceedings;
• modify a sentence; or
• grant another legally authorized form of relief.

An appellate decision does not necessarily end the litigation immediately.

Further review may sometimes be available through a higher appellate court, including the United States Supreme Court in appropriate federal or constitutional cases.

Review by the Supreme Court is generally discretionary rather than automatic.

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27. Post-Conviction Review

The criminal process can continue even after ordinary appellate review has concluded.

Under certain circumstances, a defendant may seek post-conviction relief through procedures distinct from a direct appeal.

Such proceedings may raise issues such as ineffective assistance of counsel, newly discovered evidence, constitutional violations, or other grounds recognized by applicable law.

Federal and state post-conviction procedures differ considerably.

One important federal mechanism is habeas corpus, although federal habeas review of state convictions is subject to substantial statutory and constitutional limitations.

Post-conviction proceedings should therefore be understood as a specialized part of criminal litigation rather than simply another ordinary appeal.

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The Criminal Process as a Continuous Sequence

The stages of a criminal case are often presented as a straight line:

Investigation → Arrest → Charging → Arraignment → Pretrial Proceedings → Plea or Trial → Verdict → Sentencing → Appeal

This sequence is useful for understanding the overall structure, but real criminal cases are rarely so simple.

A case may be dismissed during the investigation or after charges are filed.

Evidence may be suppressed before trial.

Charges may be amended.

A defendant may enter a plea after extensive litigation.

A conviction may be reversed on appeal.

A case may be remanded for a new proceeding.

Post-conviction litigation may occur years after the original trial.

The criminal process is therefore better understood as a legal framework with interconnected stages rather than a rigid sequence through which every case passes identically.

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The Relationship Between the Different Actors

The criminal process involves several institutions and participants whose responsibilities differ.

Law Enforcement

Police officers and investigative agencies generally investigate suspected crimes and gather evidence.

They must operate within constitutional and statutory limits.

Prosecutors

Prosecutors represent the government in criminal proceedings.

They decide whether charges should be brought, what charges to pursue, whether to negotiate a plea, and how to present the government’s case, subject to professional, constitutional, statutory, and procedural obligations.

Defense Attorneys

Defense attorneys represent the accused.

They investigate the government’s allegations, protect the defendant’s constitutional rights, challenge unlawful government conduct, negotiate when appropriate, and present the defense in court.

Judges

Judges oversee judicial proceedings and resolve legal questions.

They may rule on motions, determine issues concerning admissibility of evidence, supervise the trial, instruct the jury, impose sentences, and perform other functions established by law.

Juries

Where a jury trial occurs, jurors determine factual issues and render a verdict according to the instructions of the court.

Appellate Courts

Appellate courts review certain alleged legal errors according to applicable jurisdictional rules and standards of review.

Each participant therefore occupies a distinct position in the criminal process.

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Constitutional Protections Throughout the Process

Constitutional rights do not exist only at trial.

Different constitutional protections may become relevant at different stages.

The Fourth Amendment may regulate investigative searches and seizures.

The Fifth Amendment may protect against compelled self-incrimination and provide due process protections.

The Sixth Amendment provides important rights concerning counsel, trial, witnesses, and other aspects of criminal adjudication.

The Eighth Amendment may become relevant to bail and punishment.

The Fourteenth Amendment is particularly important in state criminal proceedings because it incorporates many protections of the Bill of Rights and independently guarantees due process and equal protection.

Consequently, constitutional criminal procedure can be viewed as operating throughout the entire process rather than being confined to the courtroom.

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Why the Sequence Matters

Understanding the chronology of criminal procedure helps explain why apparently separate legal doctrines are connected.

A search conducted during an investigation may determine what evidence the prosecution possesses.

The legality of an arrest may affect subsequent proceedings.

The circumstances of an interrogation may determine whether a statement can be used.

The charging document determines what the defendant must defend against.

Discovery determines what information the defense can examine before trial.

Pretrial motions may determine what evidence reaches the jury.

The rules governing trial determine how guilt is adjudicated.

Sentencing determines the consequences of conviction.

Appellate review provides a mechanism for correcting certain legal errors.

Each stage therefore affects the next.

Criminal procedure is not a collection of isolated rules. It is an interconnected system.

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Criminal Procedure and the Presumption of Innocence

One principle runs through the criminal process: an accusation is not a conviction.

A suspect is not necessarily guilty merely because police believe that the person committed a crime.

A defendant is not guilty merely because formal charges have been filed.

The government must establish guilt according to the applicable legal standard.

At trial, the prosecution generally bears the burden of proving the elements of the offense beyond a reasonable doubt.

This allocation of responsibility is fundamental to the criminal justice system.

The process is designed not simply to determine whether the government has a plausible accusation, but whether it can establish criminal liability through legally sufficient evidence and procedures.

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Criminal Procedure as a Protection Against Governmental Power

The criminal process reflects a basic constitutional problem.

The government must have sufficient authority to investigate and prosecute crime. At the same time, governmental power must remain subject to law.

Without investigative authority, serious crimes might remain undiscovered.

Without procedural limits, however, investigators and prosecutors could potentially violate individual rights in pursuit of convictions.

Criminal procedure attempts to manage this tension.

Search-and-seizure rules limit investigative power.

Rules concerning interrogation protect constitutional rights.

The right to counsel provides professional assistance to defendants.

Discovery rules promote informed litigation.

Rules of evidence regulate what information reaches the factfinder.

The presumption of innocence and burden of proof protect defendants against conviction based merely on suspicion.

Appellate review provides a mechanism for correcting certain legal errors.

Taken together, these rules establish a system in which the government may prosecute crime but must do so through lawful procedures.

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Federal and State Differences

There is no single criminal procedure system governing every criminal prosecution in the United States.

Federal criminal cases are governed by the United States Constitution, federal statutes, the Federal Rules of Criminal Procedure, federal evidentiary rules, and federal judicial decisions.

State criminal cases are governed by the relevant state’s constitution, statutes, rules of criminal procedure, evidentiary rules, and judicial decisions, together with applicable federal constitutional requirements.

As a result, the precise sequence and terminology may differ.

For example, a procedure that is mandatory in one state may be different in another. Requirements concerning preliminary hearings, grand juries, bail, discovery, plea procedures, sentencing, and appeals may vary.

The broad structure of criminal procedure is therefore useful for orientation, but a person involved in an actual criminal case must look to the law governing the particular jurisdiction.

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Key Takeaways

• The criminal process generally begins with investigation, not trial.
• Law enforcement may investigate suspected criminal activity before any formal charge exists.
• Searches, seizures, arrests, and interrogations may be subject to constitutional restrictions.
• A suspect becomes a defendant when the government formally initiates criminal charges.
• Criminal charges may be brought through an indictment, information, complaint, or another authorized charging instrument.
• Grand juries and trial juries have different functions.
• Initial appearances and arraignments establish important early judicial procedures.
• A defendant may be released or detained before trial according to applicable law.
• The Sixth Amendment provides an important constitutional right to counsel.
• Discovery and pretrial motions can substantially affect the outcome before trial begins.
• Many criminal cases are resolved through plea agreements rather than trials.
• In a criminal trial, the prosecution generally bears the burden of proving guilt beyond a reasonable doubt.
• A conviction is ordinarily followed by sentencing.
• Appellate review is generally concerned with legal error rather than simply retrying the factual case.
• Post-conviction proceedings may provide additional forms of relief in appropriate circumstances.
• Federal and state criminal procedures differ, although state procedures must comply with applicable federal constitutional protections.
• Criminal procedure connects all these stages into a system governing the exercise of governmental power in criminal cases.

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Frequently Asked Questions

What is the first stage of the criminal process?

Usually, the process begins with a criminal investigation. Investigators gather information and evidence to determine whether a crime occurred and whether a particular person may have committed it.

Does every investigation lead to an arrest?

No. An investigation may end without an arrest or criminal charge if investigators or prosecutors determine that the evidence does not justify further action.

Does an arrest mean that a person is guilty?

No. An arrest is a legal restraint on a person’s liberty; it is not a determination of guilt. Guilt must ordinarily be established through the criminal adjudicative process.

What happens after a person is charged?

Depending on the jurisdiction, the defendant may have an initial appearance and arraignment, followed by proceedings concerning counsel, detention or release, discovery, pretrial motions, and possible plea negotiations.

Does every criminal case go to trial?

No. Many criminal cases are resolved through guilty pleas or other dispositions without a full trial.

What happens if the defendant is convicted?

The case generally proceeds to sentencing. The defendant may then have certain rights to seek appellate review of the conviction or sentence.

Is an appeal a second trial?

Generally, no. An appeal ordinarily reviews the existing record for legal error rather than conducting the entire factual trial again.

Can a criminal case continue after an appeal?

Yes. Depending on the circumstances, further appellate review or post-conviction proceedings may be available.

Does criminal procedure work the same way in every state?

No. States have their own procedural systems. Federal constitutional requirements provide important minimum protections, but state procedures may differ substantially.

Why is criminal procedure important?

Criminal procedure determines how governmental power is exercised when the government investigates and prosecutes alleged criminal conduct. It provides a framework for enforcing criminal law while protecting constitutional rights and ensuring legally valid proceedings.

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Conclusion

The criminal process is a long legal journey that may begin with nothing more than a suspicion that a crime has occurred and may ultimately end with a final judgment after trial, sentencing, and appellate review.

Between those points lie numerous procedural stages: investigation, search and seizure, arrest, interrogation, charging, arraignment, detention decisions, discovery, pretrial litigation, plea negotiations, trial, verdict, sentencing, and appeal.

Not every criminal case passes through every stage, and the precise procedures vary between federal and state jurisdictions. Nevertheless, the overall structure reveals an important principle.

Criminal justice is not simply the determination of whether someone committed a crime. It is a legally regulated process for determining whether the government can establish criminal responsibility through lawful means.

The legitimacy of the result therefore depends not only upon the final verdict, but also upon the legality and fairness of the process that produced it.

Criminal procedure provides that process.