Arrest to Sentence

The criminal justice process is complex, and often can be confusing to persons not familiar with criminal law. This arrest-to-sentence guide and legal glossary are designed to explain and clarify the criminal justice process in  Bristol County.

          

Background:

The Criminal Justice System is the process through which criminal law is enforced. The United States Constitution regulates the criminal justice system. Each state also imposes its own regulations. In each jurisdiction laws will come from a variety of sources such as the state constitution, state statutes, and court rulings. In the Commonwealth of Massachusetts criminal law comes from the Declaration of Rights (Massachusetts State Constitution), the General Laws (statutes), and court rulings from the Appeals Court and the Supreme Judicial Court. In the Bristol County area the local police departments are responsible for protecting the citizens of the county against crimes which are committed against persons or property. The police are responsible for arresting individuals and issuing complaints against persons who are involved in the commission of a crime. Once a complaint has been issued, the accused must appear in court for arraignment. The arraignment process is designed to inform the accused of the charge in the complaint and certain rights he or she have, for example, the right to be represented by counsel. Usually defendants are arraigned in the District Court in the town or city where the crime was committed.

The Bristol County District Attorney's Office includes offices in New Bedford, Taunton, Fall River and Attleboro, Massachusetts. The District Attorney's Office is responsible for prosecuting defendant(s) for the crimes in which they have been accused.

In the Bristol County area there are four District Courts located in New Bedford, Fall River, Taunton, and Attleboro. District Courts usually only handle cases involving misdemeanors, e.g. assault and battery. Cases which are considered to be felonies, e.g. Murder and Rape, are heard in Superior Court. There are three Superior Courts located in New Bedford, Fall River, and Taunton. The New Bedford Superior Court usually handles the majority of the felony-criminal proceedings.

When a case is ready to be heard, whether in District or Superior Court, the defendant may choose to have his case heard before a jury. In the District Court, the jury consists of six individuals from the community and in Superior Court the jury consists of twelve individuals from the community. The District Attorney must prove the defendant guilty beyond a reasonable doubt.

In every case a judge sits and makes sure that the law is applied correctly. The judge also instructs the jury on what the requirements are in order to find a defendant guilty or innocent of the crime he or she is being accused of. The jury then will begin deliberating as to guilt or innocence. When the jury concludes its deliberations and the defendant is found guilty, the jury will be discharged and the judge will impose the sentence for the crime which the defendant now stands convicted of committing. In Massachusetts the sanctions which may be imposed may include fines, imprisonment, or both. If the defendant is found not guilty then he or she will be let go and cannot be tried again.

After a conviction a defendant may elect to appeal his or her case either to the Appeals Court or to the Supreme Judicial Court. If a defendant is convicted of First-Degree Murder, they have an automatic right to an appeal. When an appeal is taken it is not based on the facts of the case, but rather on the way the law was applied or should have been applied during the trial.