Chapter 10: Pretrial Case Processing and Attritation

what are the public’s perceptions of crimes based on

not based on official crime stats - usually by media coverage

what did the US experience in the 1960s

an increase in crime

what did the US experience in the early 1980s

crime plateau

what has decreased since the 1990s

violent and property crime

describe the FBI’s Uniform Crime Reports (UCR)

• where crime is reported annually since 1930

• where policing agencies voluntarily report summaries of crime in their jurisdiction

• FBI compiles data and disseminates it in publications annually

what are the two categories that crime is divided into in the UCR

• type 1 offenses or index crimes (most serious)

• type 2 offenses (less serious)

what are some examples of type 1 offenses or index crimes

• violent crimes

• murder and nonnegligent manslaughter

• rape

• robbery

• aggravated assault

• property crimes

• burglary

• larceny-theft

• motor vehicle theft

• arson

what are some examples of type 2 offenses

• simple assault

• forgery and counterfeiting

• fraud

• embezzlement

• stolen property

• vandalism

• prostitution and commercial vice

• drug abuse violations

• gambling offense

what is the NIBRS

national incident based reporting system

in 1988 the FBI began to collect more detailed information through the NIBRS (same offenses in UCR but greater detail)

what does NIBRS collect

• the location of the crime

• whether it was completed or attempted

• the type of weapon used

• the type and value of property damaged or stolen

• personal characteristics of offender and victim

what does NIBRS eliminate

the hierarchy rule used by UCR

when was the UCR program retired by the FBI

2021

when were all 50 states and DC certified to submit NIBRS data

May 2023

what are some problems with crime measurement

• both the UCR and NIBRS are based only on crimes reported to the police

• only a fraction of crime that occurs is actually reported

what are some reasons why people do not report crimes

• they deal with the issue in another way

• they feel the incident was not important enough to report

• they feel that police could not or would not help them

• they fear reprisal from offender

• they do not want the offender to get in trouble

what is the definition of an arrest

the taking of a person into custody for the commission of an offense as the prelude to prosecution for that offense

how many arrests are there for nontraffic offenses

7.6 million, about 1.22 million for UCR index crimes

what are the keys to conviction

• collection of tangible evidence

• locating cooperative witnesses

what do police departments differ in and why

quality of arrests, investigatory skills, and functioning as a unit because of training, management, and resource differences

describe what Gerstein v. Pugh (1975)

The US Supreme court held that the Fourth Amendment requires a judicial determination of probable cause to extend the restraint of liberty following arrest

what is an initial appearance

a judicial determination which generally occurs within 48 hours of arrest

what happens at the initial appearance

the judge will

• inform the defendant of their charges

• advise them of their rights

• address detention or release

what do most misdemeanor defendants do at initial appearances

enter a plea of guilty and are sentenced immediately

what can/cannot felony defendants do at initial appearance

they cannot offer a plea

what is bail

it is an arrangement that increases the likelihood the accused will return to court, requires relinquishing money or property temporarily to the court

• if they do not return, the money/property can be forfeited

• if they do return, the money/property is returned

does the eighth amendment specify that all citizens have right to bail

no, but if bail is available, it should not be excessive

what was the Bail Reform Act (1966)

• created statutory presumption of pretrial release for federal arrestees

• amended in 1984 to clarify judges may deny bail to those considered threat to community

what is the monetary bail system

preventative detention that holds suspects without bail, the judge must find clear and convincing evidence that the person

• is a flight risk

• may obstruct justice or threaten, injure, or intimidate witness or juror

• or the offense is punishable by life imprisonment or death

how many felony defendants are denied bail

approximately 4-6%

how do bail agents and bounty hunters work

for a nonrefundable fee, bail agencies will post bond for a client to the court

• if the defendant does not appear, the agent is then responsible for the full amount of the bond

• fee is typically 10% of the bond

• clients are required to sign contract waiving protection against extradition and permit retrieval by agent of bounty hunter

what are some effects of the bail system

• most defendants show up for court proceedings

• pretrial detention has direct and indirect effects on defendants

• several state courts have invalidated rigid adherence to bail schedules

• some states have enacted legislation making comprehensive changes to their systems of bail to combat inequities

what are some direct and indirect effects of pretrial detention on defendants

• lost wages and other financial issues

• psychological effects of incarceration

• difficulty participating in their own defense

what does failure to appear results in

a bench warrant aka a capias

what is a case disposition

people who are detained are more likely to be sentenced to lengthier terms of incarceration

what is pretrial release

when a person charged with a crime is allowed to remain out of jail while their case is pending, instead of being held in custody until trial

what do risk assessment judges do

they assist judges in making quick release/detention decisions

• asses static (do not change) and dynamic (vary by circumstance) risk factors

what do conditions of pretrial release include

• travel restrictions

• court monitored supervision of residence, associations, employment, and participation in programs

• restriction to access to firearms

what is a formal written accusation

the beginning of the court process - the charging document that includes description, date, location of the offense

what are the four types of charging documents

• complaint

• information

• arrest warrant

• indictment

describe complaint charging document

common for misdemeanors or city ordinance violations

describe information charging document

formal charges filed directly by the prosecutor

describe arrest warrant charging document

issued by judicial officer

describe indictment charging document

presented by the grand jury

describe what happens during the preliminary hearing

• the first time someone other than a law enforcement official reviews the case

• prosecutor has to establish probable cause that a crime has been committed and that the defendant committed it

• if a magistrate finds probable cause, they bind over the defendant to the trial court for adjudication

what is a grand jury

a group of citizens who decide whether there is enough evidence (probable cause) to formally charge someone with a serious crime

what does a grand jury do

• reviews evidence presented by a prosecutor

• decides whether a crime was likely committed and the accused person committed it

• does not determine guilt or innocence

• if they find probable cause, they issue an indictment (formal charge)

whats the difference between grand juries and trial juries

grand juries make accusations, while trial juries decide guilt or innocence

what are some key characteristics for grand juries

• usually 16-23 jurors for federal court

• proceedings are closed to the public

• the defense attorney is not present in the hearing

• the prosecutor controls what evidence is presented

what is arraignment

a court hearing where a defendant is formally informed of the charges against them and asked to enter a plea

where does arraignment occur

in the trial court of general jurisdiction

• defendant is formally accused of a crime

• defendant enters a plea