Only the government — whether federal, state, or local — can bring charges against a suspect for criminal acts such as theft, assault, or murder. There is no place for private justice or retribution in the American criminal justice system.

The criminal process begins with the arrest of an individual suspected of committing a crime, or by carrying out an arrest warrant issued by a judge. At the federal level and in some states, suspects must be indicted by a grand jury, a group of citizens that decides if there is sufficient evidence to bring charges; the grand jury, however, does not determine guilt or innocence.

The accused must immediately be informed of his or her rights, a process familiar to most Americans through frequent television shows and movies. These words are essentially reminders of several basic provisions in the Bill of Rights: "You have the right to remain silent. Anything you say can, and will, be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you."

Normally within 48 hours after an arrest, suspects must be brought before a judge or magistrate to inform them formally of the charges and to determine if there is sufficient cause to hold them for trial. At this hearing, called an arraignment, or shortly thereafter, the suspect enters a plea of "guilty" or "not guilty." The judge can also set bail, an amount of money that is forfeited to the court if the defendant flees or does not appear for trial. In serious criminal cases, the judge can deny bail and the suspect remains imprisoned.

In the United States, more than 90 percent of all criminal cases are resolved with guilty pleas through a process called "plea bargaining." The government prosecutor offers the defendant, through his or her attorney, a compromise in which the defendant pleads guilty to a lesser charge in exchange for a reduced sentence. All plea agreements must be approved by the court.

Criminal trials proceed on the adversarial principle that the facts of the case, and the truth, will emerge in a contest between the government prosecutor and the defense, both operating under strict rules of evidence and procedures to ensure the utmost fairness. The judge functions as an impartial authority over the proceedings.

With some exceptions, the decision of guilt or innocence in a criminal trial rests not with the judge but with the jury. The Sixth Amendment to the Constitution guarantees trial by jury in most criminal cases. Juries consist of 12 citizens, plus alternates, usually chosen at random from lists of registered voters or other lists of residents.

Unlike democratic responsibilities like voting, jury duty in the United States is not voluntary: every citizen must respond to a court summons to serve as a juror.

Prior to the trial, either the judge or lawyers question the prospective jurors in a process called voir dire to determine their suitability and impartiality to hear the evidence and render a verdict.
In most federal and state criminal cases, a guilty verdict must be unanimous. A "hung" jury results if the jurors cannot reach a verdict or are split in their decision.

The trial itself proceeds according to a carefully choreographed process that gives each side the opportunity to present its evidence and conclusions. The burden of proof always rests with the prosecution; the defendant is presumed innocent unless the prosecution establishes the defendant's guilt "beyond a reasonable doubt."

Defendants are protected against forced self-incrimination, meaning that they can never be compelled to testify in their own defense, although they may choose to do so.

If found guilty, the court imposes a sentence, usually following legislative guidelines that provide for a range of punishment suitable for the nature and circumstances of the crime. Convicted persons can be fined, ordered to pay restitution to the victim, ordered to perform community service, or sentenced to prison. Defendants may have their sentences suspended. After serving a portion of their sentence, prisoners in some instances can be granted parole. Parole means that they go free with monitoring by law enforcement authorities or with other conditions imposed. If they violate the terms of their parole or commit another crime, probation is revoked and they can be sent back to prison.

After conviction, defendants have the opportunity to appeal their conviction.

Courts of appeal generally review a case only to determine if errors of law or procedure occurred; they do not retry the case or reexamine its facts.

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