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
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
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
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
Bail: assure the court defendant will return
Constitutional right except in cases of murder
Entire amount may be required, or may pay a
portion of total amount
May use bond company
BAIL AND PRETRIAL RELEASE
8th Amendment “excessive bail shall not be
required”
Poor may be detained if can’t raise money
Personal Recognizance (personal bond)
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
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