Psych notes 2:4:20.docx - 1 Crime to court a Arrest \u2013 occurs when police feel they have probable cause b Booking\/charge \u2013 formal decision to charge

Psych notes 2:4:20.docx - 1 Crime to court a Arrest u2013...

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1. Crime to court a. Arrest – occurs when police feel they have probable cause b. Booking/charge – formal decision to charge suspect made by district attorney c. Initial Appearance i. Must occur within 48 hours of arrest 1. Riverside County vs McLaughlin 1991 ii. Judge informs suspect of charges iii. Judge reviews evidence summarized by prosecutor to determine whether there is probable cause iv. Inform suspect of rights – especially to counsel 1. Judge can appoint public defender v. Set bail, release on own recognizance, or hold vi. Set hearing dates d. Preliminary Hearing (defense can waive) i. Prosecution offers evidence on every element of the charge ii. Evidence can be here-say iii. Judge decides of there is probable cause (evidence to support) iv. Cross examination limited to probable cause v. No jury, judge isn’t choosing between versions vi. Judge can eliminate charges for which no probable cause or reduce e. Grand jury (maybe) i. Citizens from the community meet to review case 1. Case presented by prosecutor ii.

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