Module 2 Kentucky Victim Assistance Academy Lessons 2.0 – 2.3 1DRAFT KVAA

 Identify the role of law enforcement officers  Identify the role of the Prosecutor ◦ County Attorney ◦ Commonwealth’s Attorney ◦ Attorney General  Identify the role of the defense attorney  Identify the role of the Judge ◦ District ◦ Circuit Learning Objectives 2.1: Officers of the Court 2DRAFT KVAA

 “First Responders” when a crime is reported.  Work to prevent and respond to crimes, and to protect individuals and property.  Operate at many levels ◦ Local ◦ County ◦ State ◦ Federal ◦ Other (military, higher education, etc.) Law Enforcement 3DRAFT KVAA

◦ Works on behalf of the citizens of the state generally, does not represent the victim. ◦ Decides if enough evidence is available and what crime to charge. ◦ Can negotiate charges and sentences with the defendant. ◦ Prepares and presents the case at trial. ◦ At sentencing, provides information to the judge, facilitates the victim impact statement and restitution order and makes recommendations for the sentence. Prosecutors 4DRAFT KVAA

 Prosecutes all violations of criminal laws within jurisdiction of the district court. ◦ Exception: KRS Chapter 131  There are multiple cases that a County Attorney takes on. County Attorney 5DRAFT KVAA

 Prosecutes all felony crimes carrying a penalty of one year or more committed by persons 18 years of age or older. ◦ Occur in the judicial circuit of that prosecutor.  May also prosecute juveniles charged with felony offenses.  Responsible for presenting evidence of crimes to the grand jury. Commonwealth’s Attorney 6DRAFT KVAA

 Concurrent jurisdiction with locally elected prosecutors to prosecute various crimes throughout the Commonwealth.  Assists or prosecutes at the request of local prosecutors in complex cases or where a conflict of interest exists.  Investigates and prosecutes Medicaid provider fraud and investigates abuse and neglect of persons in Medicaid funded facilities.  Handles appeals of most criminal convictions in the Commonwealth. Attorney General 7DRAFT KVAA

 Provides legal representation  Role is to provide zealous representation for client and to defend the client in the case. Defense Attorney 8DRAFT KVAA

 Must make fair and unbiased decisions.  Decides issues of law based on: ◦ Rules of evidence ◦ Case or statutory law ◦ Rules of procedure  Oversees hearings and trial process  At sentencing hearing ◦ Reviews the PSI ◦ Reviews the VIS ◦ Imposes the final sentence, including decisions related to probation. 9DRAFT KVAA

 District: ◦ Misdemeanor cases ◦ Preliminary hearings in felony cases  Circuit: ◦ Felony cases Trial Court Judges 10DRAFT KVAA

11DRAFT KVAA

◦ 1. Explain the difference between reasonable cause and probable cause. ◦ 2. Explain the difference between the evidence required to make an arrest and the evidence to obtain a conviction. ◦ 3. Identify the different methods of initiating a criminal charge. ◦ 4. Explain how an arrest warrant is obtained. 12DRAFT KVAA

 5.Explain the difference between a misdemeanor and felony arrest.  6.Explain the jail/booking process.  7.Identify who makes a death notification.  8.Explain how to make a death notification.  9.Identify the role of pretrial services.  10.Identify the purpose of bond.  11.Explain what occurs at initial appearance.  12.Explain the purpose of the preliminary hearing, the participants and possible results Learning Objectives (cont.) Learning Objectives (cont.) 13DRAFT KVAA

 Violation  Misdemeanor  Felony Types of crimes 14DRAFT KVAA

 Reasonable Cause  Arrest - probable cause  Preliminary Hearing – probable cause  Indictment – sufficient evidence to support it  Conviction – Beyond a Reasonable Doubt Standards of proof 15DRAFT KVAA

 Complaint ◦ Written statement of essential facts constituting the offense charged, made under oath. RCr 2.02  Arrest ◦ On probable cause  For felonies and specified misdemeanors ◦ With a warrant  Process for obtaining warrant RCr 2.06  Indictment ◦ By Grand Jury ◦ Required for all felony cases Ways to initiate a criminal charge 16DRAFT KVAA

Jail Booking Process 17  Varies in length of time to complete  Once process is complete, people may call to see if the inmate is in jail DRAFT KVAA

 Interview Process  Release Alternatives  Pretrial Diversion Program Pretrial Services 18DRAFT KVAA

 Accused notified of ◦ Charges ◦ Right to preliminary hearing or trial ◦ Right to counsel ◦ Right not to make a statement/statement may be used against him/her ◦ Release on personal recognizance or bail, if a bailable offense ◦ Allow opportunity to consult with counsel ◦ Appoint counsel if defendant is indigent  Set next court date (RCr 3.02, RCr 3.05) Initial Appearance 19DRAFT KVAA

 If not indicted entitled to PH in felony cases (can be waived)  Hearing within 10 days if in custody, 20 days if not in custody  Witnesses can be examined/cross-examined  Defendant can introduce evidence on his own behalf  Hearsay testimony is permitted. RCr 3.10, RCr 3.14 Preliminary Hearing 20DRAFT KVAA

 Judge must determine - whether there is probable cause to believe that a felony has been committed and the defendant committed it.  If probable cause is found: ◦ Hold defendant to answer in circuit court ◦ Commit defendant to jail, bail, release on personal recognizance  If probable cause for a felony is not found: ◦ Defendant is released from custody ◦ Unless probable cause is found for misdemeanor, then case would remain in district court for consideration of bail, release, etc. 21DRAFT KVAA

 Presumption of innocence – all are eligible before conviction except for cases where death is a possible punishment  Purpose – ◦ To insure compliance with the conditions of release set by the court ◦ In DV/SA cases – to protect alleged victim and ensure reappearance in court  Considerations – ◦ Commensurate with gravity of offense; not oppressive ◦ Past criminal acts ◦ Reasonably anticipated conduct if released ◦ Financial ability to give bail ◦ Likelihood of defendant returning to court  DV/SA related cases – court can also consider ◦ Threat to victim/household or family members ◦ Whether reasonably likely to reappear in court RCr 4.02, RCr 4.16, KRS Bail/other conditions of pretrial release 22DRAFT KVAA

Death Notification (Will cover on Wednesday) 23DRAFT KVAA

24DRAFT KVAA

 Explain the purpose of the grand jury, the participants and possible results  Explain what occurs at arraignment  Explain the purpose and identify different types of pretrial hearings  Define and explain plea negotiation  List the advantages of the VINE Court Hearing Notification Learning Objectives 2.3: Grand Jury and Pre-trial Proceedings Learning Objectives 2.3: Grand Jury and Pre-trial Proceedings 25DRAFT KVAA

 12 members  Decisions made by vote of at least nine (9)  Prosecutor presents evidence, gives legal advice to grand jury, drafts indictments  Defendant may request to present evidence, jury not required to hear it.  Testimony must be recorded Grand Jury 26DRAFT KVAA

 Only certain persons allowed for proceedings.  Only jurors can be present during deliberations.  Proceedings/testimonies are confidential  Defendant is entitled to transcript Grand Jury 27DRAFT KVAA

 Indictment can be returned  No indictment  Failure to indict does not prohibit the charge from being resubmitted to another grand jury. RCr 5.08, RCr 5.14, RCr 5.16, RCr 5.18, RCr 5.20, RCr 5.22, RCr 5.24, KRS 29A.200 Possible Grand Jury Results 28DRAFT KVAA

Activity: Grand Jury Process 29DRAFT KVAA

 Occurs after Indictment  In open court  Read charge(s)  Ask defendant to plead RCr RCr 8.02 Initial Appearance and/or Arraignment 30DRAFT KVAA

Pretrial Hearings  Guilty plea discussions  Obtain a trial date  Hearings on legal issues such as: ◦ Competency ◦ Search and Seizure ◦ 5 th Amendment statements ◦ Status Hearings ◦ Rape Shield – KRE 412 ◦ Other acts evidence – KRE 404(b) 31DRAFT KVAA

 Can occur at any time  Victim should be consulted  Prosecutor ultimately makes the decision  Guilty plea (except Alford) admits guilt/all the elements of the crime charged  Guilty plea waives appeals unless the plea is conditional Plea Negotiation 32DRAFT KVAA

 Victim Notification VINE Court Hearing 33DRAFT KVAA

 Questions? 34DRAFT KVAA

This Instructor Manual was produced by the Justice and Public Safety Cabinet and Western Kentucky University under 2011VFGXK004, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this Instructor Manual are those of the contributors and do not necessarily represent the official position or policies of the U.S. Department of Justice. DRAFT KVAA 35