CHAPTER 13 CRIMINAL JUSTICE PROCESS: PROCEEDINGS BEFORE TRIAL

WARM UP “UNLESS THIS RIGHT TO BAIL BEFORE TRIAL IS PRESERVED, THE PRESUMPTION OF INNOCENCE, SECURED ONLY AFTER CENTURIES OF STRUGGLE, WOULD LOSE ITS MEANING.” “UNLESS THIS RIGHT TO BAIL BEFORE TRIAL IS PRESERVED, THE PRESUMPTION OF INNOCENCE, SECURED ONLY AFTER CENTURIES OF STRUGGLE, WOULD LOSE ITS MEANING.” STACK V. BOYLE(1951) STACK V. BOYLE(1951) EXPLAIN THE MEANING OF THE ABOVE QUOTE. EXPLAIN THE MEANING OF THE ABOVE QUOTE.

BOOKING AND INITIAL APPEARANCE Booking: formal process of making a police record of the arrest Booking: formal process of making a police record of the arrest Asked to provide name, address, d/o/b, place of employment, and details about any previous arrests Asked to provide name, address, d/o/b, place of employment, and details about any previous arrests Fingerprinted, photographed Fingerprinted, photographed Must appear before judge or magistrate within limited period of time following arrest Must appear before judge or magistrate within limited period of time following arrest

INITIAL APPEARANCE Judge explains defendant’s rights and advises him of the exact nature of charges against him or her Judge explains defendant’s rights and advises him of the exact nature of charges against him or her Attorney appointed or opportunity to get one Attorney appointed or opportunity to get one May set bail May set bail

INITIAL APPEARANCE Misdemeanor case: enter plea of guilty or not guilty Misdemeanor case: enter plea of guilty or not guilty Felony case: informed of charges and advised of rights Felony case: informed of charges and advised of rights Does not enter a plea until the felony arraignment stage Does not enter a plea until the felony arraignment stage May be entitled to preliminary hearing to determine if probable cause to believe crime committed and that defendant committed it May be entitled to preliminary hearing to determine if probable cause to believe crime committed and that defendant committed it

BAIL AND PRETRIAL RELEASE Bail: assure the court defendant will return Bail: assure the court defendant will return Constitutional right except in cases of murder Constitutional right except in cases of murder Entire amount may be required, or may pay a portion of total amount Entire amount may be required, or may pay a portion of total amount May use bond company May use bond company

BAIL AND PRETRIAL RELEASE 8 th Amendment “excessive bail shall not be required” 8 th Amendment “excessive bail shall not be required” Poor may be detained if can’t raise money Poor may be detained if can’t raise money Personal Recognizance (personal bond) Personal Recognizance (personal bond) Promise to return and low flight risk Promise to return and low flight risk Nature and circumstances of crime, family and community ties, financial resources, employment background, prior criminal record Nature and circumstances of crime, family and community ties, financial resources, employment background, prior criminal record

BAIL AND PRETRIAL RELEASE May place conditions designed to ensure return of defendant May place conditions designed to ensure return of defendant Custody of a 3d party, maintain or get a job, reside at certain address, report whereabouts Custody of a 3d party, maintain or get a job, reside at certain address, report whereabouts Large % of Defendant’s commit crimes while out on bail Large % of Defendant’s commit crimes while out on bail Bail Reform Act 1984(prevent bail if charged with federal felony and believed to be dangerous) Bail Reform Act 1984(prevent bail if charged with federal felony and believed to be dangerous)

BAIL AND PRETRIAL RELEASE Must be a hearing and must be charged with violent crime or drug charge Must be a hearing and must be charged with violent crime or drug charge Must also have been convicted of felony more than once Must also have been convicted of felony more than once