CCJ 3024 Chapter 10: Intro to Criminal Justice 15th ed: Ch 10 Notes

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University of Florida
Sociology, Criminology and Law - Criminology
CCJ 3024
Michael Capece

CHAPTER 10 NOTES PROCEDURES FOLLOWING ARREST • Pretrial procedures: legal and administrative actions that take place after arrest and before trial, including grand jury indictments, preliminary hearings, bail, and plea negotiation • Complaint: a sworn written statement addressed to a court or judge by the police, prosecutor, or individual has committed an offense and requesting indictment and prosecution • Arraignment: initial trial court appearance, at which the accused is read the charges, advised of his or her rights, and asked to enter a plea o Determines whether the defendant should be released on bail o A date a set for the trial BAIL • Bail: the monetary amount required for pretrial release, normally set by a judge at the initial appearance; to ensure the return of the accused at subsequent proceedings o It only prevents an innocent person from spending months, if not years, behind bars awaiting trial The Legal Right to Bail • Statute of Westminster in 1275: offenses that were bailable and those that were not • Judiciary Act of 1789: which set out conditions for bail and limited judicial discretion in setting bail amounts • Eight Amendment of the US Constitution: prohibits “excessive bail”; there is NO constitutional right to bail • Stack v. Boyle (1951): the Court found bail to be a traditional right to freedom before trial; if a crime is bailable, the amount set should not be frivolous, unusual, or beyond a person’s ability to pay Making Bail • 2/3 of felony defendants are released prior to the final disposition • Prior record is an important factor: fewer than half of defendants with an active criminal justice status, such as parole or probation, at the time of arrest are released, compared to 67% of these with no active status Alternative Bail Release Mechanisms • Police field citation release: an arresting officer releases the arrestee on a written promise to appear in court – commonly used for misdemeanor charges • Police station house citation release: the determination of an arrestee’s eligibility and suitability for release and the actual release of an arrest are deferred until after he has been removed from the scene of an arrest and brought to the station house • Police/pretrial jail citation release: deferred until after he has been delivered by the arresting department to a jail for screening, booking, and admission • Pretrial/court direct release by pretrial bail program: limited to misdemeanors, to streamline release processes and reduce the length of stay in detention, may authorize pretrial programs to release defendants without direct judicial involvement • Police/court bail schedule: can post bail Types of Bail • Full cash bail: out of pocket; property can be pledged instead of cash • Deposit bail: 10% is posted, if the defendant fails to appear, he or she is liable for the full amount of bail • Surety bail: the defendant pays a percentage of the bond, 10% percent, to a bonding agent, who posts the full bail. The fee paid to the bonding agent is not returned to the defendant if he or she appears in court. The bonding agent is liable for the full amount of the bond should the defendant fail to appear. Bounty hunters find defendants who fail to appear for their court dates. • Conditional bail: the defendant is released after promising to abide by some specified conditions in lieu of cash. For example, she promises to attend a treatment program prior to trial. • Unsecured bond: The defendant is released with no immediate requirement of payment. However, if the defendant fails to appear, he is liable for the full amount. • Release on recognizance: eligible defendants are released without bail upon their promise to return for trial. Pretrial Detention • Pretrial detainees: people who either are denied bail or cannot afford to post bail before trial and are kept in secure • Costs of holding a person in jail range up to more than $100 per day • 59% percent of all defendants released prior to their trial were convicted • 78% of detainees were convicted • Detainees are also more likely than releases to be convicted of a felony offense Bail Reform • Most sates place no precise limit on the amount of bail that a judge may impose • Median bail for violent offenders is more than double of that for property offenders • Release on recognizance: a pretrial release in which a defendant with ties to the community is not required to post bail but promises to appear at all subsequent proceedings o until the early 1960s the justice system relied primarily on money bonds as the principal form of pretrial release o Bail Reform Act of 1984: mandated that no defendants shall be kept in pretrial detention simply because they cannot afford money bail • Avertable recidivist: a person whose crime would have been prevented if he or she had not been given discretionary release and instead had been kept behind bars (burglary and motor vehicle theft defendants were the most likely to be rearrested for a felony while out on bail) • Preventive detention: the statutory authorization to deny bail to a individual who is considered dangerous or a flight risk o Arrestees are most likely to engage in misconduct while released on bail o Schall v. Martin: the Court upheld the application of preventive detention statutes to juvenile defendants on the grounds that such detention is useful to protect the welfare of the minor and society as a whole o United States v. Salerno: when it ruled that the Bail Reform Act’s denial of bail to dangerous defendants did not violate the Eighth Amendment PRETRIAL SERVICES o Gathering and verifying information about arrestees, including criminal history o Assessing each arrestee’s likelihood of failure to appear and chances of being rearrested o Providing supervision for defendants conditionally released and notifying the court of any failure to comply with release conditions o Almost ¾ of pretrial service programs now inquire about mental health status and treatment as a regular part of their interview and ¼ report having implemented special supervision procedures for defendants with mental illness CHARGING THE DEFENDANT The Indictment Process: The Grand Jury o Magna Carta: no “freeman” could be seized and imprisoned unless he had been judged by his peers o Fifth Amendment: grand jury o Few states require a grand jury indictment to begin all felony proceedings o Grand jury roles: (1) the power to act as an independent investigating body; the jury issues a presentment: which contains its findings and usually a recommendation of indictment: a written accusation charging a person with a crime; it is drawn up by a prosecutor and submitted to a grand jury which votes to endorse or deny the indictment; (2) as the community’s conscience in determining whether an accusation by the state justifies a trial; if probably cause exists, a true bill: when the grand jury votes to indict an accused suspect; no bill: when it votes not to indict an accused suspect ▪ Grand jury is normally 16-23 individuals; the accused individuals are not allowed to attend the hearing unless they are asked to testify by the prosecutor o The defense attorney, defendant, and public are not allowed to attend grand jury proceedings o United States v. Williams: SC ruled that no supervisory power in the federal court requires presentation to the grand jury of exculpatory evidence (evidence that can clear a defendant from blame or fault) The Information Process: The Preliminary Hearing o Requires the prosecutor to present the case so that the judge can determine whether the defendant should be held to answer the charge against him or her in court; used as an alternative to the grand jury o Open to the public; the defendant has the right to cross examine witnesses and to challenge the prosecutors evidence o Information: a formal charging document, similar to an indictment, based on probable cause as determined at a preliminary hearing o Defendants can waive the proceeding, but the prosecutor and the judge must agree to this waiver o He has already decided to plead guilty o He wants to speed up the criminal justice process o He hopes to avoid the negative publicity that might result from the hearing Arraignment o The judge informs the defendant of the charges against him and appoints counsel if one has not yet been retained o Sixth Amendment: the accused has the right to be informed of the nature and cause of the accusation o The defendant enters a plea; if not guilty or not guilty by reason of insanity is entered, a trial date is set o If the defendant pleads guilty or nolo contendere, a date for sentencing is arranged o The magistrate then sets bail or releases the defendant The Plea o Guilty o More than 90 percent of defendants appearing before the courts plead guilty prior to the trial stage; it must be both understood and voluntary o The judge must believe the facts of the case; inform defendant that they are waiving their rights ;
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