AMERICAN JUSTICE SYSTEM
1. Investigation
- Law enforcement investigates a crime by collecting evidence and interviewing witnesses.
- If enough evidence exists, they may arrest a suspect.
2. Arrest
- The suspect is taken into custody by police.
- The suspect is informed of their Miranda rights, which include the right to remain silent and the right to an attorney.
3. Charges
- The prosecutor reviews the evidence and decides whether to file formal charges against the suspect.
- If charges are filed, the case proceeds to the court.
4. Arraignment
- The defendant appears in court for the arraignment where they are formally charged.
- The defendant enters a plea: guilty, not guilty, or no contest.
5. Pre-trial
Discovery: Both the defense and prosecution exchange evidence.
Plea bargaining: The defense and prosecution may negotiate a plea deal to avoid a trial.
6. Trial
- If no plea deal is reached, the case goes to trial.
- The trial can be either a jury trial or a bench trial (decided by a judge).
- Both sides present evidence and call witnesses.
- The jury or judge reaches a verdict: guilty or not guilty.
7. Sentencing
- If the defendant is found guilty, the judge determines the sentence (punishment), which may include fines, probation, or
prison time.
8. Appeals
- The defendant can file an appeal to a higher court if they believe there was a legal error in the trial.
- The appellate court reviews the case, and the original decision can be upheld, reversed, or modified.
9. Corrections
- If sentenced to prison, the defendant serves their time in a correctional facility.
- Some may be eligible for parole, which allows early release under supervision.
PHILIPPINE JUSTICE SYSTEM
1. Investigation
- Law enforcement agencies, such as the police or the National Bureau of Investigation (NBI), investigate crimes by gathering
evidence and interviewing witnesses.
- If they find sufficient evidence, they may arrest a suspect.
2. Arrest
- The suspect is taken into custody by the police.
- The suspect is informed of their constitutional rights, such as the right to remain silent and the right to counsel.
3. Filing of Complaint or Information
- The prosecutor conducts a preliminary investigation to determine if there is probable cause to charge the suspect.
- If probable cause is found, the prosecutor files a criminal complaint or information in court.
4. Arraignment
- The accused appears before the court for arraignment, where they are informed of the charges.
- The accused enters a plea: guilty or not guilty.
5. Pre-trial
- Both parties (the defense and the prosecution) engage in discovery, exchanging evidence and witnesses.
- Pre-trial conference may occur to discuss possible settlements, plea bargaining, or issues to streamline the trial.
6. Trial
- If no plea deal is made, the case goes to trial.
- The prosecution presents evidence and witnesses first, followed by the defense.
- After both sides present their case, the judge or a jury (for serious cases) issues a verdict: guilty or not guilty.
7. Judgment and Sentencing
- If the accused is found guilty, the judge determines the sentence, which may include fines, community service,
imprisonment, or other penalties.
- The sentence depends on the severity of the crime and the laws governing the offense.
8. Appeal
- The convicted person can appeal the decision to a higher court (Court of Appeals or Supreme Court) if they believe there was
an error in the trial process or judgment.
- The higher court reviews the case and may affirm, reverse, or modify the lower court's decision.
9. Correction and Rehabilitation
- If the accused is sentenced to imprisonment, they serve their time in a correctional facility.
- There are options for parole or pardon under certain circumstances, allowing early release based on good behavior or other
factors.
EUROPEAN JUSTICE SYSTEMS
1. Investigation
- Law enforcement agencies (such as the police) investigate suspected criminal activities.
- Evidence is collected, and witnesses are interviewed.
- If there is enough evidence, the police may detain a suspect.
2. Arrest
- The suspect is arrested and informed of their rights, including the right to remain silent and the right to a lawyer.
- In some countries, the suspect may be brought before a magistrate to determine if there is enough reason to detain them
further.
3. Charging
- A prosecutor (public prosecutor or magistrate) reviews the evidence to decide whether to formally charge the suspect with a
crime.
- If charges are filed, the suspect becomes the defendant.
4. Pre-trial Investigation
- Some European countries, such as France and Italy, have a pre-trial investigation phase led by an investigating judge (or
magistrate).
- The judge collects further evidence, both for and against the defendant, ensuring that the case is well-prepared for trial.
- During this stage, the defense can challenge evidence or request more investigations.
5. Trial
- The case proceeds to trial, where both the prosecution and defense present their evidence and call witnesses.
- Trials may be heard by either a judge or a jury, depending on the country and the seriousness of the offense.
- The judge or jury delivers a verdict of guilty or not guilty based on the evidence.
6. Sentencing
- If the defendant is found guilty, the judge determines the sentence, which could involve fines, imprisonment, or other
penalties depending on the severity of the crime and the country’s legal framework.
- European countries often emphasize rehabilitation and community service in addition to imprisonment.
7. Appeal
- The convicted individual has the right to appeal the decision to a higher court if they believe there were legal errors or if new
evidence comes to light.
- In some countries, appeals can be made to a specialized constitutional court or the European Court of Human Rights (for
cases involving human rights violations).
8. Correction and Rehabilitation
- If the individual is sentenced to imprisonment, they serve their sentence in a correctional facility.
- Many European countries emphasize rehabilitation and social reintegration, providing educational and vocational programs
for prisoners.
- Some may be eligible for early release on parole based on good behavior or other criteria.
9. European Court of Justice and Human Rights
- In cases involving European law or human rights issues, the case may be escalated to the European Court of Justice (ECJ) or
the European Court of Human Rights (ECHR).
- These courts ensure that national laws align with EU law and respect human rights standards.