CJ227 Unit 3 Seminar

CJ227 Unit 3 SeminarCJ227 Unit 3 Seminar

Prof. Jennifer HulvatProf. Jennifer Hulvat

Remember….Remember….

Post early and often on the discussion Post early and often on the discussion boardboard

For maximum points: 1 main post For maximum points: 1 main post (100 words or more), at least 2 (100 words or more), at least 2 responsive postsresponsive posts

Late work: please make Late work: please make arrangementsarrangements

Writing Assignment Unit 4…very Writing Assignment Unit 4…very specific questions to be answeredspecific questions to be answered

Unit 4 Writing AssignmentUnit 4 Writing Assignment Since John was in custody, what are the procedural Since John was in custody, what are the procedural

steps the police were required to take once John steps the police were required to take once John began to incriminate himself? began to incriminate himself?

What procedural steps must the officers perform What procedural steps must the officers perform following John’s arrest and interview at the police following John’s arrest and interview at the police station? station?

The court could choose either a preliminary hearing The court could choose either a preliminary hearing or a grand jury proceeding to establish probable or a grand jury proceeding to establish probable cause for the felony charges in this case. Compare cause for the felony charges in this case. Compare and contrast the two procedures. and contrast the two procedures.

Identify what issues the judge would take into Identify what issues the judge would take into consideration when setting bond for John. consideration when setting bond for John.

Explain what an arraignment is and what occurs Explain what an arraignment is and what occurs during an arraignment. during an arraignment.

Tonight’s TopicTonight’s Topic

In Unit 3’s Seminar we will discuss In Unit 3’s Seminar we will discuss what happens during the initial what happens during the initial stages of a criminal case, from the stages of a criminal case, from the filing of a complaint and the setting filing of a complaint and the setting of bond through the defendant’s of bond through the defendant’s arraignment. We will also be arraignment. We will also be discussing the differences between a discussing the differences between a preliminary hearing and the grand preliminary hearing and the grand jury. jury.

Arrest…then what?Arrest…then what? Arrest:Arrest:

Filing of a criminal complaint – sworn Filing of a criminal complaint – sworn document reflecting determination of document reflecting determination of Probable CauseProbable Cause

Officer or complaining witness may signOfficer or complaining witness may sign Forms the basis for further proceedings Forms the basis for further proceedings

on felonieson felonies May be the sole charging document for May be the sole charging document for

misdemeanormisdemeanor Citations: traffic or petty offensesCitations: traffic or petty offenses

Initial AppearanceInitial Appearance

Bond:Bond: Magistrate within 24 hours (usually in Magistrate within 24 hours (usually in

bond court)bond court) Misdemeanors: may be the Misdemeanors: may be the

arraignment if offenders bond out at arraignment if offenders bond out at the police stationthe police station

Felonies: Felonies: Magistrate within 24 hours (usually in Magistrate within 24 hours (usually in

bond court)bond court) Next date is normally ArraignmentNext date is normally Arraignment

BailBail Bail is the amount of money defendants must Bail is the amount of money defendants must

post to be released from custody until their trial. post to be released from custody until their trial. Bail is not a fine. Bail is not a fine. It is not supposed to be used It is not supposed to be used as punishment.as punishment. The purpose of bail is simply to The purpose of bail is simply to ensure that defendants will appear for trial and all ensure that defendants will appear for trial and all pretrial hearings for which they must be present. pretrial hearings for which they must be present. Bail is returned to defendants when their trial is Bail is returned to defendants when their trial is over, in some states minus a processing fee. over, in some states minus a processing fee.

The judge or magistrate decides the amount of The judge or magistrate decides the amount of bail by weighing many factors: bail by weighing many factors: the risk of the defendant fleeing, the risk of the defendant fleeing, the type of crime alleged, the type of crime alleged, the "dangerousness" of defendants, and the "dangerousness" of defendants, and the safety of the community. the safety of the community.

www.abanet.org, 10/2/09), 10/2/09)

Arraignment?Arraignment? Accused will be informed of the Accused will be informed of the

charges against him or her if not charges against him or her if not previously accomplishedpreviously accomplished

Advised of rightsAdvised of rights Entry of pleaEntry of plea

At arraignment, the formal charge At arraignment, the formal charge has already lodged (either has already lodged (either through a Grand Jury indictment through a Grand Jury indictment or a preliminary Hearing)or a preliminary Hearing)

Before Arraignment: How is the offender Before Arraignment: How is the offender formally charged with a felony?formally charged with a felony?

There must be a mechanism to There must be a mechanism to formally “bind” the defendant over formally “bind” the defendant over for trialfor trial

Two options:Two options: Grand JuryGrand Jury Preliminary HearingPreliminary Hearing

Grand Jury FactsGrand Jury Facts

Not a judicial bodyNot a judicial body Investigative bodyInvestigative body Usually 16 to 23 citizensUsually 16 to 23 citizens Selection of Grand Jurors varies from Selection of Grand Jurors varies from

state to statestate to state How do you think serving on a Grand How do you think serving on a Grand

Jury affects the lives of those chosen Jury affects the lives of those chosen to sit?to sit?

If you are selected as a Grand If you are selected as a Grand Juror, what can you expect?Juror, what can you expect?

To be treated with dignity and respectTo be treated with dignity and respect To be addressed by the court making To be addressed by the court making

preliminary remarks as to procedurepreliminary remarks as to procedure To receive evidence from the prosecutorTo receive evidence from the prosecutor To hear from witnessesTo hear from witnesses To examine documentation as presented To examine documentation as presented

through the prosecutorthrough the prosecutor Question witnesses (limited)Question witnesses (limited) Deliberate to determine if probable cause Deliberate to determine if probable cause

exists to bring the chargeexists to bring the charge

IndictmentIndictment Generally prepared by the prosecutor; the Generally prepared by the prosecutor; the

formal charge, or accusation, alleging formal charge, or accusation, alleging criminal activitycriminal activity

If the Grand Jury finds a “true bill”, then If the Grand Jury finds a “true bill”, then the foreperson endorses (signs) the the foreperson endorses (signs) the indictment and the defendant is now indictment and the defendant is now formally charged with a crimeformally charged with a crime

Most states require a certain number of Most states require a certain number of jurors to vote for a true bill; generally not jurors to vote for a true bill; generally not required to be unanimousrequired to be unanimous

Generally, double jeopardy does not Generally, double jeopardy does not attach and a similar indictment may be attach and a similar indictment may be presented to a different grand jurypresented to a different grand jury

What powers does a Grand Jury What powers does a Grand Jury have?have?

Power of inquiryPower of inquiry Power of deliberationPower of deliberation Power to weigh evidencePower to weigh evidence Power of secrecyPower of secrecy Power to return an indictmentPower to return an indictment Power to return a “no bill”Power to return a “no bill” Power of receiving immunityPower of receiving immunity

Grand Jury vs. Preliminary HearingGrand Jury vs. Preliminary Hearing

Preliminary hearingPreliminary hearing Open court; open to the Open court; open to the

publicpublic Judge presides over hearingJudge presides over hearing Defendant has a right to be Defendant has a right to be

present and present present and present evidenceevidence

No investigative authority is No investigative authority is grantedgranted

No subpoena powerNo subpoena power No immunity power at No immunity power at

hearinghearing If probable cause is found, If probable cause is found,

defendant is bound over for defendant is bound over for trialtrial

Grand juryGrand jury Proceedings are secret; Proceedings are secret;

informalinformal Defendant has no right to Defendant has no right to

be present, nor to present be present, nor to present evidenceevidence

Investigative authority Investigative authority grantedgranted

Broad subpoena power Broad subpoena power grantedgranted

Grand Jury can conduct it’s Grand Jury can conduct it’s own investigationown investigation

If Probable cause is found, If Probable cause is found, indictment is returned indictment is returned against defendant.against defendant.

Grand Jury or Preliminary Hearing?Grand Jury or Preliminary Hearing?

Why would a prosecutor choose one Why would a prosecutor choose one over the other?over the other?

Any benefits at trial to one over the Any benefits at trial to one over the other?other?

If probable cause determination is If probable cause determination is the same, why provide 2 different the same, why provide 2 different avenues to charge the defendant?avenues to charge the defendant?

Grand Jury v. Trial JuryGrand Jury v. Trial Jury

How are they different?How are they different? What is the purpose of each?What is the purpose of each? Different standards of proof?Different standards of proof? Rights of the defendant?Rights of the defendant? Nature of the proceedings?Nature of the proceedings? Different placement in the criminal Different placement in the criminal

process?process?

Questions or comments?Questions or comments?

AIM: Jenhulvat2AIM: [email protected]

630-201-3307630-201-3307