CRM 2300 Lecture Notes - Lecture 4: Inquisitorial System, Recognizance, Lesser Included Offense
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Feb 8 2013
Role of TJ, CR AT and Def CSL
(vs. inquisitorial system)
*Citizen -> police officer Forthwith
*Police officer -> release unless they are worried about the persons’ identity and that he won’t
show up to court. -> take him to police station
*Officer in charge at station -> release unless they think the person won’t show to court, don’t
have an ID
*If you are not releasing you have to have a Bail Hearing within 24 hours. (judicial interim
release - called release b/c the system is trying to make it easy to release)
*Judge decides what to do between arrest and trial.
1. Primary ground - fail to appear? Will this person show up to court or not
2. Secondary ground - reoffend?
3. Tertiary (3rd) ground - admin of justice into disrepute.
Promise to appear
Recognizance - $
*Proof of property (bias to ppl with an address b/c no address means I can’t find you,
means you likely are homeless and can’t put a lean on your property)
*FTA -> default
*Up the anti with a surety - proof that someone else has property and will assure that the D
will show up and if he doesn’t then the surety will show. (works best of you are well
established in the community and not marginalized and have friends/family with
Recognizance (with or w/o surety) with conditions.
Domestic assault - stay out of defined area
- No contact with family
- if you break rules you will be thrown in jail or stronger conditions
DUI - No driving
- No drinking
Crim of mentally ill - Bail is one of the only times when you can order someone to take their
medications. So if you want out of jail you have to show up to Dr office once a week and take
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