courts week 7 lecture notes
courts week 7 lecture notes Crju 3700
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This 4 page Class Notes was uploaded by Khaila Coissiere on Thursday February 25, 2016. The Class Notes belongs to Crju 3700 at Georgia State University taught by Prof Johnson in Winter 2016. Since its upload, it has received 15 views. For similar materials see American criminal court in Criminal Justice at Georgia State University.
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Date Created: 02/25/16
Chapter 10 – From Arrest and Bail through Arraignment Thursday, February 25 th Measuring Crime Uniform Crime Reports (Type I & II Crimes) o Reported by policies o Doesn’t capture unreported crimes o Type I crimes > murder, rape, robbery, aggravated assault, burglary, larceny/theft, motor vehicle theft, arson o Type II crimes > simple assault, embezzlement, forgery and counterfeiting, fraud, stolen property offenses, vandalism, disorderly conduct, DUI, drug offenses, drunkenness, gambling, liquor law offenses, loitering, prostitution, offenses against family, sex offenses, vagrancy, weapon offenses, curfew and loitering offenses, and runaways o Reports serious crimes only National Incident Based Reporting System (NIBRS) o Counts all crime o Location o Type of weapon o Characteristics of victim and offender o Type and value or property damaged or stolen o If crime was completed or attempted National Crime Victimization Survey o US census calls house and asks you phone about if you been victimized o People aren't always honest o 1/2 of violent crimes reported o 2/3 of property crimes reported o Only people in homes get captured not homeless people or children or murder victims Selfreport data o Independent agencies go out and collect data o Universities, etc. Arrest Only 20% of crimes Swelling criminal dockets o Why? War on drugs, crime control model, mandatory minimums Police actions affect other components of the interdependent CJ system o Quality of arrests o Keys to conviction Properly seize evidence Finding cooperative witnesses Initial Appearance ("Gerstein") When does it occur? o Gerstein v. Pugh person must be taken for an initial appearance immediately without unnecessary delay Chapter 10 – From Arrest and Bail through Arraignment Thursday, February 25 th o Riverside v. McLaughlin person must be taken to initial appearance to occur within 48 hours Informed of the reason arrest Bail is considered If misdemeanor? Enter plea and sentenced immediately If felony? Made aware of charges and then goes to trial of general jurisdiction Charging Prosecutorial discretion o LOB vs LIA LOB decide whether charges should be filed and what the proper charge(s) should be LIA police "pressuring" prosecutor to overcharge defendant or file charges even if evidence is weak Documents: o Complaints supported by oath or affirmation of either victim or arresting officer used mostly misdemeanor and city ordinance violations o Information same as complaint but signed by prosecutor o Arrest warrant issued by judicial officer usually lower court judge o Indictment issued by grand jury Bail A promise/guarantee Procedures vary. Considerations? o Seriousness of crime o Criminal history o Ties to community Constitutional authority (8th amendment) 4 forms o ROR release without having to pay anything o Cash bond post either full amount of cash bail or percentage of cash bond; get money back if all court appearances are satisfied o Property bond able to use a piece of property as collateral; if defendant fails to appear property is forfeited; property has to be double to the amount of bail o Bail bond bail agent post amount required and charges a fee for services rendered usually 10% of amount of bond; not refundable Preventive detention o Holding suspects without bail if they are accused of committing dangerous or violent crime Direct/indirect effects of bail o Lose their jobs o Hispanics less likely to get bail o Medical care o Language barrier Chapter 10 – From Arrest and Bail through Arraignment Thursday, February 25 th Pretrial release conditions Burden of proof is clear and convincing evidence Preliminary Hearing Who's entitled? o Most people who arrested for a felony and hasn’t been indicted by a grand jury has right to preliminary hearing Must also be timely (1020 days) What is probable cause? o Fair probability that offender has committed the crime Judicial determination of PC Another checking mechanism May be waived by defense o Factors? Grand Jury Grand juries make accusations (5th amendment) Trial juries decide guilt or innocence Federal vs. state use of grand juries Plurality vote (true bill or no bill) Secret proceedings Investigatory and subpoena powers Immunity may be granted o Transactional and use Transactional prosecutor agrees not to prosecute te witness for any crimes admitted to on the stand Use government may not use a witness's testimony to prosecute you but other factors can Arraignment Trial court of general jurisdiction Formally accused of a crime Enter a plea Arraignment Process Case attrition start with a whole bunch of cases and they get weeded out in the beginning of the process Chapter 10 – From Arrest and Bail through Arraignment Thursday, February 25 th Arraignme Prosecutio nt n 100 felony 8 diversion or other defendants outcome 23 dismissed Pretrial 60 prosecuted Releas e 58 42 released Conviction and detained Sentencing 4 trials 65 guilty 68 conviction pleas 56 felony 11 misdemeanors 24 prison 1 acquittal 3 conviction 24 jail 17 The Criminal Justice Wedding Cake (Cake Attrition) probation Layer 1 3 other Celebrat ed Cases Layer 2 Serious Felonies Type I crimes Layer 3 Lesser Felonies Layer 4 Misdemeanors most cases
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