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Psc 304 Notes

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PSC 304
03/27/12

Arrest to Arraignment – Chapter 10

Type I Offenses (serious crimes)
-homicide
-rape
-arson
-aggravated assault
-burglary
-auto theft
-larceny

Universal Crime Report (UCR) – based on crimes reported to the police

Arrest
-taking a person into police custody under suspicion that he/she committed a crime
-Standard of proof: “probably cause”
-Quality of arrest >Physical evidence >Witnesses

Initial Appearance
-Usually occurs in local courts
-Advised of charges
-Charging document
-Attorney
-Bail
-Order of protection >restraining order >for witnesses/victims

Preliminary Hearing
-Usually occurs in local courts

-Seldom used to short & routine to mini trial
-Probable cause/reasonable cause that a crime was committed & that defendant committed it
-Screening device

Grand Jury
-secret proceedings >The grand jury is secret so that those involved act without any concern for repercussions.
-size varies 6 to 23
-majority vote
-subpoena power
-“shield & sword” (exam) >shields individuals from improper government process >investigatory power (Can subpoena witnesses/documents, compel someone to be present)
-true bill vs. no bill
-Indictment
-5th Amendment right: Immunity for testifying?

Superior Court Arraignment
-Advised of felony charges
-Re-visit bail issue
-Ensure legal representation
-Set motions/hearings schedule

Attrition/Screening/Funneling
-Legal judgments
-Policy Priorities
-Personal standards of justice

Criminal Justice “Wedding Cake” (exam)

High Profile

Serious Felonies  Lesser Felonies Misdemeanors/Minors
Bail – Chapter 11
Bail
-Amount of money paid as a condition of pre-trial release to ensure defendant will appear in court as required >8th amendment says you have the right to bail, but not to release (exam)
-Prosecutor requests; defense response; judge sets >Prosecutor can argue risk/likeliness to show up or flee
-Forms:
1. Cash bond 2. Property bond – put house or property up as collateral 3. Release on Recognizance (ROR)
-Bail bondsman or bail agent >charges a percentage fee for putting up money for bail.

Setting Bail
-Uncertainty: Made early in case with sometimes inadequate & inaccurate information
-Risk: that defendant won’t flee or commit another crime while after released on bail

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