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Arrest to Arraignment

Arrest to Arraignment. Chapter Ten. UCR Reports. The FBI publishes the Uniform Crime Reports. Uniform Crime Reports divide criminal offenses into two categories: Type I offenses: Index crimes Type II offenses. Homicides Forcible Rape Robbery. Aggravated Assault Burglary & Larceny

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Arrest to Arraignment

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  1. Arrest to Arraignment Chapter Ten

  2. UCR Reports • The FBI publishes the Uniform Crime Reports. • Uniform Crime Reports divide criminal offenses into two categories: • Type I offenses: Index crimes • Type II offenses

  3. Homicides Forcible Rape Robbery Aggravated Assault Burglary & Larceny Motor Vehicle Theft Arson Part I Offenses a.k.a. Index Crimes

  4. Type II “Offenses • All Other crimes except traffic citations • Examples: • Drug Offenses • Liquor law violations • Sex offenses (not rape) • Juvenile offenses • Weapons offenses (not aggravated assault)

  5. Arrests • 21% of crimes investigated by police result in an arrest. • Clearance rate for violent crimes is 50%. • Clearance rate for property crimes is only 18%. • Est. 13.7 MILLION arrests are made annually for non-traffic related arrests. • 2.2 MILLION of these arrests are for serious crimes such as homicide, rape, arson, aggravated assault, robbery, burglary, auto theft, and larceny.

  6. The Process • Crime • Arrest • Initial Appearance • Charging • Preliminary Hearing • Grand Jury • Arraignment

  7. Initial Appearance • The accused is told of the charges, advised of rights, bail is set, and a date for the preliminary hearing is set. • Occurs within a few hours or few days of arrest. • Coleman v. Alabama: defendant has a right to counsel if the initial appearance is a “critical stage” in the proceedings.

  8. Charging • Charging document: a brief description of the date and location of the offense. • Four types of charging document: • Complaint • Information • Arrest warrant • Indictment

  9. Preliminary Hearing • Pre-trial hearing to determine if there is probable cause to hold the accused for further proceedings. • Prosecutor has to establish probable cause that a crime has been committed and that the defendant committed it. • County of Riverside v. McLaughlin: An individual may be jailed for up to 48 hours without a hearing before a magistrate to determine whether the arrest was proper.

  10. Grand Jury • Emerged in English law in 1176. • Impaneled for set period of time (usually 3 months) with selected citizens. • Numbers range from 6 to 23 depending upon population. • Hurtado v California (1984) allows states to have the option of either Grand Jury indictment or information. • It may also be an “independent” investigating body.

  11. Grand Jury Terminology • Indictment: formal accusation of a crime made by the grand jury. • True Bill: the grand jury finds the charges to be true. • No true bill of no bill: the grand jury finds that the charges are insufficient to justify a trial.

  12. Arraignment • The defendant is formally informed of the charges pending and must enter a plea. • Differs from initial appearance in the sense that felony defendants may not enter a plea at the initial appearance, but can at the arraignment. • Hamilton v. Alabama: Defendant has the right to court-appointed counsel if indigent.

  13. The “Wedding Cake” model Layer 1 • Celebrated cases: • O.J Simpson • Scott Pederson • Serious felonies • Lesser Felonies • Misdemeanors Layer 2 Layer 3 Layer 4 Samuel Walker

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