Chapter 9.2

Chapter 9.2 - o It’s conducted in a mini-trial manner The police report of arrest and what little evidence they have The burden of proof is

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Chapter 9 (cont.) Preliminary hearing and grand jury proceedings: Grand jury (federal) determines if there is probable cause to believe that the defendant committed the crime. o The federal government and about one-third of the states require grand jury indictments for at least some felonies. o Grand jury is a group of citizens called to decide whether probable cause exists. o Grand juries are created for a period of no longer than three months and in that time span they meet in closed sessions and hears evidence presented by the prosecutor—the defendant cannot present evidence at this hearing. A preliminary hearing (state/local) is a court proceeding in which the prosecutor presents evidence and the judge determines whether there is probable cause to hold the defendant over for trial. o Normally every person arrested has a right to this hearing within a reasonable amount of time after his/her arrest—usually no later than 10 days.
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Unformatted text preview: o It’s conducted in a mini-trial manner. The police report of arrest and what little evidence they have. The burden of proof is relatively light, so no witnesses are usually brought in. o With such little evidence and the amount of time it takes, defense attorneys usually advise their clients to waive their right to a preliminary hearing. Types of pleas by the defendant, including plea negotiations: • Pleas taken at arraignment o Guilty o Not guilty o Nolo contendere (in some states)- it means “I will not contest it”. The plea means that the defendant is neither admitting nor denying guilt. • Plea negotiations o Charge bargaining is when the charge is reduced to a lesser crime. o Sentence bargaining is when a lighter sentence is obtained. o Count bargaining is when a certain number or most of the multiple counts are eliminated....
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This note was uploaded on 03/20/2011 for the course CJS 110 taught by Professor Ogolin,william during the Spring '11 term at Bradley.

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Chapter 9.2 - o It’s conducted in a mini-trial manner The police report of arrest and what little evidence they have The burden of proof is

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