charges are filed against an offender, also known as the defendant. 
3 In the above scenario, if the 
prosecutor’s office has determined there is enough evidence to charge the individual of robbing the business 
downtown, then charges will be filed, and the suspect is charged with a specific crime. The defendant in 
the robbery will be informed of all their rights that are afforded to them by the Constitution and that they 
have the right to legal counsel or a defense attorney. There are private defense attorneys as well as public 
defenders who are appointed if a person is indigent, or unable to afford their attorney. A defendant, or the 
accused, will enter a plea of guilty or not guilty, and a trial date is set. 
The prosecutor’s office will evaluate the type and quality of evidence they have when deciding to move 
forward or drop the charges. Direct evidence is evidence that supports a fact without an inference, such as a 
testimony of an eyewitness to a crime because the person saw the crime. The other type of evidence, 
circumstantial evidence, would be something that happened before or after the crime or information 
obtained indirectly or not based on the first-hand experience by a person. Circumstantial evidence includes 
people’s impressions about an event that happened which they did not see. For example, if you went to bed 
at night, and there was no gas in your tank, and then you awoke to a full tank of gas, while you didn’t 
actually see your dad fill your tank, you assume the did it while you slept because gas tanks cannot fill 
themselves. 
4 
If a defendant pleads guilty, there may be a plea bargain given. 
A plea bargain is similar to a deal will be made for a reduced sentence since the defendant pleads guilty. 
Plea bargains get used a lot for the vast majority of cases in our CJ system, and debates often ensue over the 
ethics behind them. A defendant should only plead guilty if they committed the crime and must admit to 
doing so in front of the judge. Once the defendant admits to the crime, they agree they are guilty and 
agree that they may be “sentenced” by the judge presiding over the court. The judge is the only person 
authorized to impose a sentence. However, with the current number of cases entering our system every 
day, pleas bargains have often called a ‘necessary evil.” 
5 
Let us say the defendant chooses to go to trial. The prosecution and defense will then present their cases 
before a jury and judge to determine if there is enough evidence to convict the defendant. The prosecutor 
must prove they have probable cause that the defendant is the one who committed the crime, and the 
defense ensures the rights of the accused get upheld while defending their client. Judges are important and 
often get referred to as an impartial moderator or referee in the courtroom. The judge receives guidance 
and assistance from several sources in order to sentence a defendant. Over time, Congress has established 
minimum and maximum punishments, and the United States Sentencing Commissions has produced a set 
of sentencing guidelines that recommend certain punishments for certain crimes while considering various 
factors. Further, the judge will look at a pre-sentence report and consider statements from the victims, as well 
as the defendant and lawyers. The judge may consider a variety of aggravating or mitigating factors. These 
include whether the defendant has committed the same crime before, whether the defendant has expressed 
regret for the crime and the nature of the crime itself. 
6 
If a defendant is convicted, then that defendant is found guilty. Let us imagine surveillance camera caught 
the robber downtown and fingerprints that were left behind matched the offender; this would make a 
conviction more likely. This phase is known as adjudication. If found guilty, the court is responsible for 
3. Anoka County Attorney's Office. (N.D.). Roles in the Criminal Justice System. https://www.anokacounty.us/1434/Roles-in-the-Criminal-
Justice-System 
4. United States Department of Justice. (N.D.). Investigation. https://www.justice.gov/usao/justice-101/investigation 
5. United States Department of Justice. (N.D.). Plea bargaining. https://www.justice.gov/usao/justice-101/pleabargaining 
6. United States Department of Justice. (N.D.). Sentencing. https://www.justice.gov/usao/justice-101/sentencing 
Introduction to the American Criminal Justice System
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