October 6 Courts Procedures (Slide Shells)_JJ (4) [Autosaved]

October 6 Courts Procedures (Slide Shells)_JJ (4) [Autosaved]

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Advanced Principles—CCJ 3024 Week 8—Tuesday Courts: Procedures and Specialized Courts Dr. Jodi Lane Fall 2016 October 6, Tuesday (2 hours) (About 1 hour for movie: THE PLEA
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Pretrial stages __ Booking ____ The process where suspect names, arrest charges, and sometime fingerprints and photographs are entered into __ police/court __ computers __ Prosecutors _ considers case May choose not to _ prosecute ____ May choose to ask for more _ evidence ____ May charge person May or may not charge person with arrest offense Bohm & Haley
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3 kinds of _ Charging __ documents _ Complaint ___ Charging document specifying that an offense has been committed by the person, typically for misdemeanor or ordinance offenses Submitted by officer or victim _ Information _ (Felonies) Charging document that outlines the formal charges, laws that have been violated, and the evidence to support charges Written by prosecutor Leads to a “_ preliminary hearing _” (or initial appearance) _ Grand jury indictment __ (Felonies) A written accusation by a grand jury charging that one or more persons have committed a crime Often used in politically hot cases Bohm & Haley/S&W
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_ Grand Juries __ Remember: grand juries = 12-23 people who meet in closed session to determine if __ probable cause __ to believe accused committed a crime Prosecutor drafts indictment, and panel only hears his/her side Can subpoena witnesses to testify _Subpoena__ = written order to testify issued by a court officer Can present hearsay evidence Information learned from someone other than a witness who is testifying _True bill_ = indict person _No bill__ = fails to indict Grand juries also sometimes investigate on their own and develop a “_ presentment ___”—information about findings and recommendation regarding indictment Bohm & Haley
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_ Arrest Warrant _ A written order directing law enforcement officer to arrest a person. It specifies the charge or charges against the suspect. Sometimes police obtain this before making arrest Most arrests occur without warrants
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After charges filed, suspects become __ defendants _____ Initial appearance before _ judge ___ Determine probable cause is evident Give formal charges Advise of constitutional rights Often address issue of bail (felonies) Appoint counsel For some misdemeanors/ordinance violations, may hold summary trial at _ initial appearance _ About _ 75 %__ of misdemeanants/ordinance violators plead guilty at this point and are sentenced here Typically set date for arraignment/preliminary hearing Where person enters a _ plea _ (if not done here)—answers to the charges Bohm & Haley
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Initial appearances/preliminary hearings have to be _ timely __ If released from the _ police station __ (maybe even posted bail there) Usually within a couple of days If in custody, between _ 24-72 __ hours after arrest Someone arrested on Friday, often waits until Monday County of __ Riverside v. McLaughlin ___ (1991) Anyone arrested without a warrant may be held no longer than
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