Chapter 10 Pretrial Activities and the Criminal Court

Chapter 10 Pretrial Activities and the Criminal Court - 1...

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Chapter 10 – Pretrial Activities and the Criminal Trial Revised Summer 2010 I Introduction A The Murder of Jessica Lundsford 1 Killed by 48 year old neighbor – John Couey 2 Brutal in the extreme 3 First confession thrown out, and conviction 4 Retired and sentenced to death II Pretrial Activities A The First Appearance 1 Sometimes called a initial appearance or magistrate’s review 2 Multiple Purposes a Give formal notice of charges against them b Advises of rights c Opportunity to retain a lawyer d Bail 3 Generally must be done within 24-48 hours a McNabb v. US 4 May involve probable cause hearing a Determine if sufficient PC exist to hold suspect b Not necessary if warrant issued c Again use 48 hour rule B Pretrial Release 1 Suspect is presumed innocent 2 Often investigate reasons for release or bail a Early intervention programs 1) Get information about suspect 2) Supervise him during release 3 Bail a Based on two major factors 1) Risk of flight or non-appearance 2) Public Safety a) Seriousness of the charge b) Prior record c) Suspects history d) Options in supervision of release b Bail Bonds 1) Pledge of property to insure return 2) Generally a 10% non-refundable deposit with a bail bondsman who then posts the bail 4 Alternatives to Bail a Released on Recognizance ROR 1) Simple written promise by suspect to return 2) Used in low risk cases 1
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b Property bonds – pledge house, stock, bonds, etc,. c Deposit Bail – alternative to cash bond, state
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This note was uploaded on 10/09/2010 for the course BUSINESS L 289494 taught by Professor Chapman during the Fall '10 term at Wake Tech.

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Chapter 10 Pretrial Activities and the Criminal Court - 1...

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