CRMJ 254 Lecture Notes - Lecture 8: Grand Jury, Excessive Bail Clause, Preliminary Hearing
4 Sep 2016
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Chapter 10: pre-trial procedures: process of arrest through trial. Booking: list charges, ngerprint, mugging, lineups, identify charges, misdemeanor offenders are usually released. Probable cause hearing: grand jury, preliminary hearing. Arraignment: informed of charges, counsel appointed and pleas are made, bail is set. Decides if defendant returns to the community until trial. Money/security provided to court to ensure appearance of defendant: failure to appear - result in forfeiture of deposit. Quick facts: 64% of defendants make bail, 36% of defendants are detained until trial, bonding agents lend money to people who cannot make bail. 10% fee - typically from surety bail: 8th amendment does not guarantee bail. Monday, april 25, 2016: arguable that poor are discriminated against. Can"t afford bail: bail seeks to control serious offenders. Release non-dangerous offenders: state excludes bail for certain offenses. Schall v. martin: upheld preventive detention for juveniles. United states v. salerno: upheld preventive detention for adults.
