1 Arrest to Arraignment Chapter Ten

2 UCR Reports The FBI publishes the Uniform Crime Reports. Uniform Crime Reports divide criminal offenses into two categories: –Type I offenses: Index crimes –Type II offenses

3 Part I Offenses a.k.a. Index Crimes Homicides Forcible Rape Robbery Aggravated Assault Burglary & Larceny Motor Vehicle Theft Arson

4 Type II “Offenses All Other crimes except traffic citations Examples: –Drug Offenses –Liquor law violations –Sex offenses (not rape) –Juvenile offenses –Weapons offenses (not aggravated assault)

5 Arrests 21% of crimes investigated by police result in an arrest. Clearance rate for violent crimes is 50%. Clearance rate for property crimes is only 18%. Est MILLION arrests are made annually for non-traffic related arrests. 2.2 MILLION of these arrests are for serious crimes such as homicide, rape, arson, aggravated assault, robbery, burglary, auto theft, and larceny.

6 The Process Crime Arrest Initial Appearance Charging Preliminary Hearing Grand Jury Arraignment

7 Initial Appearance The accused is told of the charges, advised of rights, bail is set, and a date for the preliminary hearing is set. Occurs within a few hours or few days of arrest. Coleman v. Alabama: defendant has a right to counsel if the initial appearance is a “critical stage” in the proceedings.

8 Charging Charging document: a brief description of the date and location of the offense. Four types of charging document: 1.Complaint 2.Information 3.Arrest warrant 4.Indictment

9 Preliminary Hearing Pre-trial hearing to determine if there is probable cause to hold the accused for further proceedings. Prosecutor has to establish probable cause that a crime has been committed and that the defendant committed it. County of Riverside v. McLaughlin: An individual may be jailed for up to 48 hours without a hearing before a magistrate to determine whether the arrest was proper.

10 Grand Jury Emerged in English law in Impaneled for set period of time (usually 3 months) with selected citizens. Numbers range from 6 to 23 depending upon population. Hurtado v California (1984) allows states to have the option of either Grand Jury indictment or information. It may also be an “independent” investigating body.

11 Grand Jury Terminology Indictment: formal accusation of a crime made by the grand jury. True Bill: the grand jury finds the charges to be true. No true bill of no bill: the grand jury finds that the charges are insufficient to justify a trial.

12 Arraignment The defendant is formally informed of the charges pending and must enter a plea. Differs from initial appearance in the sense that felony defendants may not enter a plea at the initial appearance, but can at the arraignment. Hamilton v. Alabama: Defendant has the right to court-appointed counsel if indigent.

13 The “Wedding Cake” model 1.Celebrated cases: O.J Simpson Scott Pederson 2.Serious felonies 3.Lesser Felonies 4.Misdemeanors Layer 1 Layer 2 Layer 3 Layer 4 Samuel Walker

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