IN SUMMARY
Thanks to all the crime shows on television, the various stages of the criminal justice process and the accompanying
standards of proof are known to many of us. While the names of the stages and standards vary depending on the
particular country and court, generally speaking the stages and standards are as follows.
STAGE
STANDARD
ABOUT
Commission of a crime
Physical act and mental state
To have violated criminal law, the perpetrator must
have committed a harmful act, usually with intent to
commit harm.
Fact-finding
Reasonable grounds to suspect
a crime was committed
When international crimes are committed, the first
teams on the ground after frontline documenters will
be charged with fact-finding. The fact-finders will be
authorized to assess a situation if it is suspected that
a crime was committed within the jurisdiction of the
investigating body. Their job is to collect detailed
information that institutions such as the UN Security
Council or Commissions of Inquiry need to make
decisions about peace and security. This information
also helps investigators determine if there are
reasonable grounds to launch a full investigation.
Call for an investigation
Reasonable grounds to believe
a crime was committed
In both national and international contexts,
investigators and lawyers will examine the initial
evidence collected and decide if there is enough
evidence to believe that a crime was committed. If so,
they will launch an official investigation.
Investigation
Reasonable grounds to believe
a crime was committed
An investigation is the continued systematic collection,
preservation, and analysis of evidence to uncover the
truth about the commission of a crime, including who
committed the crime (or crimes) and how.
Warrant for arrest
Reasonable grounds to believe
that the particular person
committed the crime
Once lawyers, working with the investigators, have
enough evidence against a particular person, they
will ask a judge for a “warrant for arrest,” an official
document that gives them authority to take the suspect
into custody.
Arrest
Reasonable grounds to believe
that the particular person
committed the crime
Physically taking and keeping a person in lawful
custody, in accordance with the warrant.
Initial appearance
Reasonable grounds to believe
that the particular person
committed the crime
This is the first time the suspect goes in front of a judge.
The judge notifies the suspect of the charges against
him or her, advises the suspect of his or her rights, sets
bail, or dismisses the case for lack of evidence.
19 VIDEO AS EVIDENCE: STAGES & STANDARDS OF PROOF V 1.0
LAW
THE CRIMINAL JUSTICE PROCESS