PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Chapter 4 Initial Appearance This chapter examines: The purpose of the initial appearance Legal requirements of a complaint Pretrial release Bounty hunters Violation of bail conditions

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Purpose of Initial Appearance Not mentioned in U.S. Constitution. **Supreme Court has held that an arrested person has a basic right to be taken before a magistrate without unnecessary delay. **In some states referred to as an arraignment and in other states an arraignment is different from first appearance.

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Steps in the Pretrial Process Arrest Booking Initial appearance Preliminary hearing Grand jury indictment or sworn information Arraignment Guilty plea or trial

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ McNabb Rule McNabb v. US 1943 Attached a penalty to a delay in arraigning an arrested person Confessions obtained by local officers during a delay in arraignment are inadmissible as evidence Generally, a delay in an initial appearance is not sufficient grounds for a reversal of a conviction on appeal unless it is proven the delay deprived the defendant of a fair trial

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Complaint Legal document, e.g., indictment or information filed with the court Sets forth the charge or charges against the defendant If accused not in custody, usually an arrest warrant is issued based on the complaint.

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Demurrer to Complaint A demur attacks the legal sufficiency of the complaint Examples include: Grand jury had no legal authority to inquire into the offense charged The accusatory pleadings do not conform to required provisions of state penal code

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Reasons a Criminal Case Is Dismissed Include: Evidence problems Witness problems Interests of justice Due Process problems or questions Plea accepted in another case Pretrial diversion Referral for other prosecution

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Bail Stack v. Boyle **Eighth Amendment prohibits excessive bail. **Traditional purpose of bail was to ensure defendant’s presence at trial. Bail Reform Act of 1984—denial of bail permitted for protective reasons.

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Protective Detention Burden of proof in a protective detention hearing is placed on prosecution and requires government to establish the need for detention by clear and convincing evidence. Government must establish that no condition exists that will assure the safety of the persons concerned.

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Amount of Bail Only necessary to ensure the presence of defendant at trial. Any amount in excess of that would amount to excessive bail. Bail must be individually set in each case, but courts can use a bail schedule to establish presumptive amounts.

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Bail Bondsman For a fee, the bail bondsman will post the required security. If accused fails to appear as promised in court, the surety bond guarantees the bail payment in cash to the court. The bondsmen take about 10% of the amount of the bail for their service

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Pretrial Release Mechanisms Field citation and release Station house citation and release Jail citation and release Direct release based on a pretrial program Bail based on a schedule Judicial bail

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Bounty Hunters Iowa has ruled AGAINST the rights of bounty hunters and in favor of third party rights They cannot go into a third party’s home after a defendant **Most states require bounty hunters to receive state-approved training of arrest procedures and the use of firearms