Texas Criminal Justice SystemThe State Legislature
develops laws and the criminal
justice system is charged with
both enforcing those laws and
sentencing offenders. Law
enforcement investigates and
apprehends suspected law
violators,
otherwise known as defendants or
offenders. The courts determine
the innocence or guilt of
offenders and sentence them.
Offenders often receive a
suspended sentence, which places
them under a term of community
supervision, a part of the court
system in Texas. The corrections
component includes jails and
prisons, which provide the
facilities for the incarceration
and rehabilitation of convicted
law offenders. Once a crime is committed, a suspect may or may not be arrested by a law enforcement agency. If an arrest takes place for a Class B or higher offense, the formal process to sentencing is a lengthy one. The offender is usually taken to jail. In the formal process, a preliminary hearing is held to determine whether and how much bond will be set. Bond is available to most offenders except those charged with the most serious of offenses. The next step in felony cases is a grand jury hearing in which it is determined by nine citizens, who make up the grand jury and are appointed by the district judge, whether there is enough evidence to formally charge the offender. Misdemeanor offenders and some felony offenders are charged through a document known as information, which serves the same purpose as the indictment, but is generated in the prosecutor’s office. Once indicted or formally charged, the case is set for a hearing in the state district court of jurisdiction for felony offenses, and in the county court of jurisdiction for misdemeanor offenses. The formal process consists of a status of attorney hearing, a pre-trial hearing, jury selection, a jury trial, deliberation to determine guilt or innocence, and a punishment phase of the trial and pronouncement of sentence if the offender is found guilty. Both misdemeanor and felony cases may proceed via a bench trial instead of a jury trial. In these cases, evidence is presented to the judge instead of a jury for consideration of guilt, and if guilt is determined by the judge, evidence is presented to that same judge for sentencing. In reality, few cases proceed via the formal sentencing process. The majority of offenders opt for what is known as a plea bargained sentence. These offenders agree to plead guilty to the judge in exchange for a sentence known to them before sentencing, although the judge is never bound by the plea bargain agreement. Many misdemeanor offenders do so without ever hiring an attorney or having one appointed. Most pleas occur without any event occurring in the formal process other than the indictment or information being handed down, perhaps a status of attorney hearing, and the plea and sentencing. Plea bargaining allows the court system to process cases much more quickly, and to avoid a lengthy backlog in case disposition as would occur if every case went to trial. The majority of offenders who go through the court system receive suspended sentences and are placed under community supervision (probation). |