chapter 13 - Helen Cox

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Transcript chapter 13 - Helen Cox

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.”


STACK V. BOYLE(1951)
EXPLAIN THE MEANING OF THE ABOVE
QUOTE.
BOOKING AND INITIAL
APPEARANCE

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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

Fingerprinted, photographed

Must appear before judge or magistrate within
limited period of time following arrest
INITIAL APPEARANCE

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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
May set bail
INITIAL APPEARANCE

Misdemeanor case: enter plea of guilty or not
guilty

Felony case: informed of charges and advised
of rights
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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
BAIL AND PRETRIAL RELEASE
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Bail: assure the court defendant will return
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Constitutional right except in cases of murder
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Entire amount may be required, or may pay a
portion of total amount
May use bond company
BAIL AND PRETRIAL RELEASE
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8th Amendment “excessive bail shall not be
required”
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Poor may be detained if can’t raise money
Personal Recognizance (personal bond)
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Promise to return and low flight risk
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
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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

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 also have been convicted of felony
more than once