CJ227 Unit 3 Seminar

1. CJ227 Unit 3 Seminar Prof. Jennifer Hulvat

2. Remember…. • Post early and often on the discussion board • For maximum points: 1 main post (100 words or more), at least 2 responsive posts • Late work: please make arrangements • Writing Assignment Unit 4…very specific questions to be answered

3. Unit 4 Writing Assignment • Since John was in custody, what are the procedural steps the police were required to take once John began to incriminate himself? • What procedural steps must the officers perform following John’s arrest and interview at the police station? • The court could choose either a preliminary hearing or a grand jury proceeding to establish probable cause for the felony charges in this case. Compare and contrast the two procedures. • Identify what issues the judge would take into consideration when setting bond for John. • Explain what an arraignment is and what occurs during an arraignment.

4. Tonight’s Topic • In Unit 3’s Seminar we will discuss what happens during the initial stages of a criminal case, from the filing of a complaint and the setting of bond through the defendant’s arraignment. We will also be discussing the differences between a preliminary hearing and the grand jury.

5. Arrest…then what? • Arrest: • Filing of a criminal complaint – sworn document reflecting determination of Probable Cause • Officer or complaining witness may sign • Forms the basis for further proceedings on felonies • May be the sole charging document for misdemeanor • Citations: traffic or petty offenses

6. Initial Appearance • Bond: • Magistrate within 24 hours (usually in bond court) • Misdemeanors: may be the arraignment if offenders bond out at the police station • Felonies: • Magistrate within 24 hours (usually in bond court) • Next date is normally Arraignment

7. Bail • Bail is the amount of money defendants must post to be released from custody until their trial. Bail is not a fine. It is not supposed to be used as punishment. The purpose of bail is simply to ensure that defendants will appear for trial and all pretrial hearings for which they must be present. Bail is returned to defendants when their trial is over, in some states minus a processing fee. • The judge or magistrate decides the amount of bail by weighing many factors: • the risk of the defendant fleeing, • the type of crime alleged, • the "dangerousness" of defendants, and • the safety of the community. www.abanet.org, 10/2/09)

8. Arraignment? • Accused will be informed of the charges against him or her if not previously accomplished • Advised of rights • Entry of plea At arraignment, the formal charge has already lodged (either through a Grand Jury indictment or a preliminary Hearing)

9. Before Arraignment: How is the offender formally charged with a felony? • There must be a mechanism to formally “bind” the defendant over for trial • Two options: • Grand Jury • Preliminary Hearing

10. Grand Jury Facts • Not a judicial body • Investigative body • Usually 16 to 23 citizens • Selection of Grand Jurors varies from state to state • How do you think serving on a Grand Jury affects the lives of those chosen to sit?

11. If you are selected as a Grand Juror, what can you expect? • To be treated with dignity and respect • To be addressed by the court making preliminary remarks as to procedure • To receive evidence from the prosecutor • To hear from witnesses • To examine documentation as presented through the prosecutor • Question witnesses (limited) • Deliberate to determine if probable cause exists to bring the charge

12. Indictment • Generally prepared by the prosecutor; the formal charge, or accusation, alleging criminal activity • If the Grand Jury finds a “true bill”, then the foreperson endorses (signs) the indictment and the defendant is now formally charged with a crime • Most states require a certain number of jurors to vote for a true bill; generally not required to be unanimous • Generally, double jeopardy does not attach and a similar indictment may be presented to a different grand jury

13. What powers does a Grand Jury have? • Power of inquiry • Power of deliberation • Power to weigh evidence • Power of secrecy • Power to return an indictment • Power to return a “no bill” • Power of receiving immunity

14. Preliminary hearing Open court; open to the public Judge presides over hearing Defendant has a right to be present and present evidence No investigative authority is granted No subpoena power No immunity power at hearing If probable cause is found, defendant is bound over for trial Grand jury Proceedings are secret; informal Defendant has no right to be present, nor to present evidence Investigative authority granted Broad subpoena power granted Grand Jury can conduct it’s own investigation If Probable cause is found, indictment is returned against defendant. Grand Jury vs. Preliminary Hearing

15. Grand Jury or Preliminary Hearing? • Why would a prosecutor choose one over the other? • Any benefits at trial to one over the other? • If probable cause determination is the same, why provide 2 different avenues to charge the defendant?

16. Grand Jury v. Trial Jury • How are they different? • What is the purpose of each? • Different standards of proof? • Rights of the defendant? • Nature of the proceedings? • Different placement in the criminal process?

17. Questions or comments? AIM: Jenhulvat2 JHulvat@Kaplan.edu 630-201-3307