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1. Legislative Process 2.Field Investigation 3.Police Station Process 4.Complaint Authorization 5.Initial Appearance 6.Preliminary Hearing 7.Arraignment.

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Presentation on theme: "1. Legislative Process 2.Field Investigation 3.Police Station Process 4.Complaint Authorization 5.Initial Appearance 6.Preliminary Hearing 7.Arraignment."— Presentation transcript:

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2 1. Legislative Process 2.Field Investigation 3.Police Station Process 4.Complaint Authorization 5.Initial Appearance 6.Preliminary Hearing 7.Arraignment 8.Misc. Pretrial Hearings, Motions and Strategies 9.The Trial 10. Sentencing 11. Post Sentencing/Appellate Phase 12. Corrections 13. Cleansing

3  Declare certain acts illegal  Establish penalties  Substantively create the justice system  Establish the process/the legal procedures  Outline the legal rights  Finance the system

4  Non interventionist strategy (wiretapping, observation, interviews)  Interventionist strategy A. Informal (temporarily detain, stop and frisk, street informant) B. Formal (arrest, cite, search and seize, indict, informant/immunity)

5  Cite and release  Street arrest, release and stable To get through all 13 steps, we must assume the worst. Few cases go through all the steps. Most are short-circuited out somewhere along the way.

6  Booking  Interrogation  Line up identification  Mugging  Inventory  Station house bail  Contact an attorney  Police administration decision

7  County Attorney/District Attorney  Probable Cause vs Beyond Reasonable Doubt  2/3 never filed/dismissed

8 Complaint not filed left Dismissed later left Reduced to Misd left

9  11 are plea bargained to a felony  4 go to trial: A. 3 result in a conviction B. 1 results in an acquittal

10  Minor Trial Court.  Without unnecessary delay.  Habeas Corpus right.  Court procedures: 1. Charges are formally levied by the prosecutor with the court. 2. Charges and potential penalties are communicated by the court to the defendant. 3. Rights are communicated and fulfilled. 4. A plea is entered. 5. A decision is made as to the next step. 6. Bail is considered.

11 Guilty Not Guilty Sentenced Sentencing Trial Date Date Bail?

12 Guilty Not Guilty Sentenced Sentencing Preliminary Hearing Date No Yes Bail? Trial Date Preliminary Hearing Bail? Date Bail?

13  Amount of bail varies with the severity of the offense and the characteristics of the accused.  Defendant retains a criminal liability; just a release pending future court processing.  Different pre-trial release/bail options a. Bond yourself out b. Bail Bond agent c. 10 percent system d. ROR/PTR bond

14  Stack v. Boyle (fail to appear test) - Bail may be denied if there is probable cause to believe that defendants will fail to appear at future judicial proceedings.  U.S. v. Salerno (dangerousness test) - Bail may be denied if there is clear and convincing evidence that defendant are dangerous and pose a threat to the community at large and the court participants in particular.  Taylor v. Taintor - Bail bond agents may use physical force to capture their bondees who have skipped bail, as long as the force used is reasonably related to the custody and/or transportation of the bondees.

15  Mini-trial  Minor Trial Court  No jurors  State presents evidence/defense cannot 1. Shred 2. Shotgun  Probable cause the standard  Judge issues a bind over/case is bound over for trial

16  Case is bound over for trial  Judge dismissed the case for lack of evidence: 1. Individuals are free (subject to the statute of limitations) 2. Prosecutor may file new charges 3. Prosecutor may re-authorize the same complaint 4. Prosecutor may file a writ of information 5. Prosecutor may turn evidence over to a grant jury

17  12 to 23 citizens  Meet in secret  Prosecution or Grand Jury appointed prosecutor presents evidence  Witnesses testify  Probable cause  True bill or an indictment

18  Major Trial Court.  Court Procedures: 1. Charges are formally levied by the prosecutor with the court. 2. Charges and potential penalties are communicated by the court to the defendant. 3. Rights are communicated and fulfilled. 4. A plea is entered. 5. A decision is made as to the next step. 6. Bail is considered.

19  Wrestling match/Chess match analogy  Possible hearings: 1. Continuance 2. Change of Venue 3. Discovery Hearing 4. Evidentiary Hearings (involk the Exclusionary Rule) 5. Amicus Curiae

20 Brady v. U.S. - Plea bargaining is legal as long as: 1. An attorney is present to protect the defendant's rights. 2. The plea is voluntarily made. 3. The defendant has a full knowledge of the consequences.

21 A.Judge or Jury? 1. Duncan v. Louisiana: defendants have the right to trial by jury if the potential sentence is more than six months of incarceration 2 – Singer v. U.S.: defendants have no Constitutional right to waive a jury trial B.Jury selection process: 1. Dismissals for cause 2. Pre-emptory challenges 3. Scientific jury selection

22  Ideal Prosecutor Jury – white, male, Republican, upper income, Protestant, 50 years of age or over, Pro-life  Ideal Defense Jury – persons of color, female, Democrat, lower income, Jews or Catholics, under age 30, teachers, union members

23 C.Opening Statements: 1. State 2. Defense D.The State’s Case: 1. Direct Exam 2. Cross Exam 3. Objections (sustained/over-ruled) 4. Badgering witnesses 5. The State rests

24 E.The Case for the Defense: 1. Direct Exam 2. Cross Exam 3. Objections (sustained/over-ruled) 4. Badgering witnesses 5. The Defense rests

25 F.The Rebuttal: 1. Direct Exam 2. Cross Exam 3. Objections (sustained/over-ruled) 4. Badgering witnesses 5. The State closes

26 G.Closing Statements: 1. State 2. Defense 3. State Principle of Primacy and Recency

27 H.Instructions to the jury I.The jury deliberates: 1. sequestered 2. gag order 3. deadlocked jury J.The verdict: 1. guilty as charged 2. guilty of a lesser charge 3. not guilty 4. hung jury

28 1.Competence of jurors: A. General intelligence concerns B. Amateurs in the legal process 2.Structural problems (no note taking, cannot ask questions) 3.Juries depart from the law (nullification and vigilanteeism) 4.Jury independence (no checks and balances)

29 K. Decision step: 1. Judge polls the jury 2. Judgment of acquittal option 3. Pre-sentence/sentencing hearing date set 4. PSI ordered 5. Post Conviction bond considered

30  Pre-sentencing hearing  Sentencing hearing  Allocution option

31  Appellate or post-conviction bond considered  Possible appeals: 1. Substantive Sentence Appeal 2. Substantive Trial Appeal 3. Procedural Trial Appeal

32  Administrative Phase  Supervisory Phase  Release Phase

33 A. Expungement: 1. Waiting period 2. Behavioral requirements 3. Judicial branch 4. Automatic B. Pardon/Clemency: 1.No waiting period 2.No behavioral requirements 3.Executive branch 4.Not automatic

34  Afford relief form undue hardship  New evidence of innocence  The defendant is deemed insane  The offense was a crime of conscience  The defendant has been rehabilitated

35 1.Expungement is Step 13, but, pardons can be given from Step 2 on. 2.Hole in your resume 3.Pragmatic limitation (police/community know who you are; stigma still there)


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