CRM/LAW C114 Lecture 1: Lecture #1

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Miscarriages of Justice
why care about wrongful convictions?
o impact on the accused
collateral impact on family, etc.
o true perpetrator goes free
o crime goes unpunished
o undermines faith in system
o provides a window into working of the CJ system
causes of wrongful convictions
o mistaken identification
o perjury/false accusation
o false confessions
o official misconduct
o inadequate lawyering
o forensic science
o informants
The Crime
o crime occurs and police are called
o begin process of attempting to identify a suspect
The Investigation
o crimes are considered solved by police when they make an arrest
o this begins the criminal justice process
Pre-trial proceedings
o person who is arrested must be presented to a judge within a certain time
for setting of bond
o statutory period that follows during which a defendant may be formally
indicted by a grand jury or be afforded a preliminary hearing
o indicted formally charged with a crime
o grand jury is body of citizens usually 23 who receive evidence and
vote to return an indictment
o arraignment: after indictment or finding of probable cause, defendant
enters a formal plea to the charges
o motions: prior to trial, defendants may make certain motions. they may
seek to bar certain evidence from being presented or testimony of certain
witnesses
o bail bonds
bond or bail is an amount of money the defendant must put
forward in order to assure that they appear for trial
depends on seriousness of crime and likelihood that the defendant
may flee
usually amount of money is too high so bail bondsman take a small
amount (10%) from family and put the rest up themselves then
charge high interest
if defendant flees, bounty hunter goes after defendant
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