Criminal Law 101: Understanding the Criminal Justice System

It’s time for Criminal Law 101, a primer on how criminal law works within our American judicial system. This episode of Next Witness…Please translates some of the intricacies of the criminal law process in terms that the average listener can understand. We must start with the premise that there is a major difference between what may be considered immoral and what is criminal. An act is not criminal unless a legislative body (Congress, state legislature, or city council) decides it is. Legislative bodies not only determine criminality, but they also decide the severity of a crime. Retired judges Gayle Williams-Byers and Thomas Hodson break down the differences between minor criminal offenses -- misdemeanors and major crimes -- felonies. They also outline how misdemeanor cases are initiated and the system of criminal complaints. Our hosts also delve deeply into how felony cases originate and how grand juries are conducted and function. They discuss the differences between a grand jury empaneled to determine probable cause and a grand jury designed to investigate potential crimes. The differences between arraignments and initial appearance in court are also described and our judges also explain the concept of setting bond on a criminal case. What considerations may a judge consider in determining what type of bond to set for a prisoner’s release prior to trial? Finally, our hosts give insight into the various pleas available to a criminal defendant and why they almost always plead not guilty in felony cases.