Test 2 DAY 5 - Advanced Principles—CCJ 3024 Week...

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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 Prosecutor 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 48 hours before a judge decides whether arrest was justified This is why some courts have Saturday sessions too, often via video Bohm & Haley
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