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Legal System

This flowchart summarizes the typical steps and choices involved in the US legal system after an arrest. It begins with an officer issuing a warning or making an arrest. The person is then processed and booked, which may involve fingerprinting, questioning, and setting bond. At the first court date, the person can use a lawyer, request to delay the case, or try to resolve it. If not resolved, the case could lead to a trial by judge or jury, resulting in a verdict of acquittal or guilty. There is then a sentencing hearing to determine the consequences. The flowchart is intended to help empower people who experience arrest.

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Eddy Purwoko
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0% found this document useful (0 votes)
83 views1 page

Legal System

This flowchart summarizes the typical steps and choices involved in the US legal system after an arrest. It begins with an officer issuing a warning or making an arrest. The person is then processed and booked, which may involve fingerprinting, questioning, and setting bond. At the first court date, the person can use a lawyer, request to delay the case, or try to resolve it. If not resolved, the case could lead to a trial by judge or jury, resulting in a verdict of acquittal or guilty. There is then a sentencing hearing to determine the consequences. The flowchart is intended to help empower people who experience arrest.

Uploaded by

Eddy Purwoko
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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LEGAL SYSTEM FLOWCHART

This chart divides the legal system into the steps a person goes through, what happens at each stage and the
choices available. The arrows show the flow from one step to the next. We offer this as a tool to help empower
people in an arrest situation. (Based on experience in Chicago. Will likely differ in other settings.)

STEPS CHOICES WHAT HAPPENS

Warning • Stay or leave • Officer may give warning to leave or


– • Continue or stop doing intended actions command to stop doing something.

• Walk with officer • Officer physically grabs you, takes you


Arrest
• Go limp; be carried away to paddy wagon or squad car; may
• Leave or return to action (if left unguarded) inform you that you are under arrest;
– pat search, sometimes handcuffs;
taken to holding area.

Processing and • Decide what, if any, information to give • Police question you for arrest reports
Booking police (remain anonymous, give name, give (name, address, occupation, ss #); may try to
sym bolic name). get additional info for intelligence;
• Refuse to post bond or post bond possible photographing, fingerprinting;
• Bail solidarity: demand no cash bonds or may take property, clothes; Bond set
– equal bonds for all. from $0-$100 in state misdemeanor
cases; no cash bonds required for city
ordinance or federal trespass
violations.

First Court Date • Use lawyers or go "Pro Se" (defend yourself) • Appear in court alone, or m ost likely
- Continuance with other arrestees; Attempt to
- Plea Agreement dispose of case by plea or trial or

– - Bench Trial (before a judge)


- Demand Jury Trial
continue case for later bench or jury
trial or plea negotiations; prosecutor
not always ready for trial.

Trial • Lawyer or Pro Se • Trial can vary from a few minute


• Bench or Jury bench trial with or without a lawyer to
• Defense based on Necessity of Actions or a full jury trial with expert witnesses
non-commission of acts/technicalities lasting a week or more, or anything in
– • Small or large resources of time & money between.

Verdict • Acquittal (Not Guilty) • Judge or jury decides


• Guilty
–
Sentencing • Make statement: opportunity to bring out • Hearing on appropriate sentence; can
p o l i t ic a l & m o r a l is s u e s , s h o w testify or call witnesses to why actions
non-recalcitrance were justified, necessary, etc., and
• Rem ain silent your background.

Adapted From: "Organizing for Resistance: Historical and Theological Reflections and Organizing" by the Chicago Religious Task Force
on Central America, 1985.
C hristian P eacem aker Teams
PO Box 6508, Chicago IL 60680
[email protected]; www.cpt.org
training materials- 6/96

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