Thresholds, not a single moment
Readers often encounter a case at its most visible point, an arrest or a verdict, and assume everything between them is formality. In practice each stage applies a different legal test. Police in the United States generally need probable cause to arrest; in England and Wales, officers act on reasonable grounds for suspicion under the Police and Criminal Evidence Act 1984. A charge requires a further decision, and a conviction requires proof to the criminal standard. Reporting that collapses these stages implies more certainty than the record contains.
The stages compared
| Stage | United States (general) | England and Wales |
|---|---|---|
| Arrest | Probable cause; Miranda warnings before custodial interrogation (Miranda v. Arizona, 1966) | Reasonable suspicion under PACE 1984; caution given |
| Charge | Prosecutor's complaint or information; grand jury indictment for federal felonies | Crown Prosecution Service applies the Full Code Test in the Code for Crown Prosecutors |
| First appearance | Arraignment and plea entry; bail decision | Magistrates' court hearing; serious cases sent to the Crown Court |
| Disclosure | Prosecution must disclose favourable material (Brady v. Maryland, 1963) | Criminal Procedure and Investigations Act 1996 |
| Resolution | Most cases end in plea agreements | Guilty pleas, with sentence reductions for early pleas |
| Trial | Jury verdict, guilt beyond a reasonable doubt | Jury directed to convict only if sure of guilt |
| Review | Direct appeal; habeas corpus; conviction integrity units | Court of Appeal; Criminal Cases Review Commission |
Why most cases never reach a jury
In U.S. federal courts the overwhelming majority of convictions come from guilty pleas rather than trials; a 2019 Pew Research Center analysis of federal data for 2018 found that only about 2% of defendants went to trial. A plea is a legal admission and produces a conviction, but its factual basis is usually brief and has not been tested by cross-examination. When we describe a plea-resolved case, we separate what the defendant admitted from what prosecutors alleged.
How forensic evidence gets in front of a jury
For decades many U.S. courts applied the "general acceptance" test from Frye v. United States (1923). In federal courts that was replaced by the gatekeeping approach in Daubert v. Merrell Dow Pharmaceuticals (1993), now reflected in Federal Rule of Evidence 702, which was amended in 2023 to emphasise that the proponent must show reliability is more likely than not. Admissibility is a threshold ruling: it allows a jury to hear evidence, and the jury still decides how much weight it deserves.
The right to a defence
Gideon v. Wainwright (1963) established that U.S. states must provide counsel to defendants in felony cases who cannot afford a lawyer. Quality of representation remains an issue in appeals, and ineffective assistance of counsel is a recurring ground in post-conviction challenges. In England and Wales, legal aid is administered through the Legal Aid Agency, subject to means and merits tests.
After the verdict
- A separate hearing where victim impact statements may be heard. Sentences follow statutes and, in many systems, sentencing guidelines.
- Appellate courts mostly review legal errors, not the jury's view of the facts.
- New evidence, including DNA, can reopen a case. The National Registry of Exonerations, founded in 2012, records U.S. exonerations since 1989.
- In England, Wales and Northern Ireland the Criminal Cases Review Commission, created in 1997, can refer convictions back to the Court of Appeal.
Reporting each outcome accurately
"Not guilty" vs "innocent"
A not-guilty verdict means the prosecution did not meet its burden. The defendant remains legally innocent; the verdict is not a separate factual finding of innocence.
"Hung jury" and mistrial
When a jury cannot agree, a mistrial may be declared and prosecutors can decide whether to retry. No finding has been made either way.
"Vacated" vs "exonerated"
A vacated conviction has been set aside; charges may be refiled or dismissed. Exoneration, as used by the National Registry of Exonerations, requires official action following new evidence of innocence.
Following the courtroom record closely is less dramatic than following a story. It is also the only way to describe a person accurately on the day you write about them.