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Forgive my ignorance about American law but what does "charging" mean in the context of "justice" in America? Isn't charging just the act of acknowledging the c

Forgive my ignorance about American law but what does "charging" mean in the context of "justice" in America? Isn't charging just the act of acknowledging the complaint of one of the parties involved? Is justice even relevant here? Are the police allowed to act on charges and arrest individuals? Or is this just a complaint?

tvanantwerp 12y ago
Being charged with a crime is a formal accusation from the government, and you will be arrested. You may then post bail as set by a judge, if they allow it, and remain free for the duration of your trial. If you can't post bail, you stay in jail through the trial. If found guilty, you go to prison.
- watson 12y ago
  Based on the way you wrote this I get the understanding that the US system differentiates between jail and prison? In that case what's the difference?
  - mapt 12y ago
    There are a lot of individual circumstances, but generally: Prison is where people who are convicted of felonies (crimes worthy of >1 year in custodial sentence) are sent. Jails are where people awaiting trial, or convicted of misdemeanors (crimes worthy of <1 year in custodial sentence) are sent.
  - 286c8cb04bda 12y ago
    Jails are run by counties or cities, and are for persons awaiting trial (i.e. not been convicted) or persons found guilty and serving short sentences. Prisons are run by a state or by the Federal government, and are for holding persons who have been convicted of a crime and sentanced to a longer term.
deleted 12y ago
[deleted]
nmrm 12y ago
> Are the police allowed to act on charges and arrest individuals? Yes. Although the arrest can happen before the charge, typically a judge will issue an arrest warrant as soon as the charges are filed. And given the >90% conviction success rate in the USA (at least in federal cases), it's a pretty good bet any charges filed will stick if the prosecutor wants them to.

tvanantwerp 12y ago

Being charged with a crime is a formal accusation from the government, and you will be arrested. You may then post bail as set by a judge, if they allow it, and remain free for the duration of your trial. If you can't post bail, you stay in jail through the trial. If found guilty, you go to prison.

watson 12y ago
Based on the way you wrote this I get the understanding that the US system differentiates between jail and prison? In that case what's the difference?
- mapt 12y ago
  There are a lot of individual circumstances, but generally: Prison is where people who are convicted of felonies (crimes worthy of >1 year in custodial sentence) are sent. Jails are where people awaiting trial, or convicted of misdemeanors (crimes worthy of <1 year in custodial sentence) are sent.
- 286c8cb04bda 12y ago
  Jails are run by counties or cities, and are for persons awaiting trial (i.e. not been convicted) or persons found guilty and serving short sentences. Prisons are run by a state or by the Federal government, and are for holding persons who have been convicted of a crime and sentanced to a longer term.

deleted 12y ago

[deleted]

nmrm 12y ago

> Are the police allowed to act on charges and arrest individuals? Yes. Although the arrest can happen before the charge, typically a judge will issue an arrest warrant as soon as the charges are filed. And given the >90% conviction success rate in the USA (at least in federal cases), it's a pretty good bet any charges filed will stick if the prosecutor wants them to.