Criminal Processing

Stages of Criminal Processing

Individuals arrested for allegedly committing crimes are processed through the criminal justice system. During pretrial processing, the defendant's charge is finalized, and a criminal justice official makes several decisions that affect whether or not the defendant will be kept in jail while awaiting trial. The first decision involves whether or not a defendant's release is conditional upon posting bail; if no bail is required, this is called a “nonfinancial release.” The second set of decisions is relevant only if bail is required; these decisions involve the amount of the bail and the forms of payment that will be accepted as bail. Third, in many states, a criminal justice official can decide that a defendant must stay in jail while awaiting trial; this is generally called “denying bail.”

After pretrial processing is over, defendants either agree to a plea bargain or go to trial. In a plea bargain, defendants enter a guilty plea in exchange for fewer charges, a decrease in the severity of charges, a lighter sentence, or a combination of the three. Following either a plea arrangement or a trial conviction, offenders are sentenced to a variety of punishments, including fines, treatment, probation, and incarceration. Once offenders are serving sentences, criminal justice officials decide when they are to be released and, later, if that release is to be revoked. Disparities—or differences—in each of these punishment outcomes are associated with both legal characteristics, such as the crime of conviction and prior record, and “extralegal” characteristics, such as race, employment status, sex, and age.

Racial Disparities