Chapter 10 Arrest to Arraignment

Chapter 10: Arrest to Arraignment

Page 1: Introduction

• Overview of the transition from arrest to arraignment in the criminal justice process.

Page 2: Public Knowledge of Criminal Case Process

• Hierarchy Rule: Only the most severe crime is reported when multiple offenses occur.

  • Serious Felonies: Includes crimes such as murder, forced rape, robbery, and aggravated assault.

  • Minor Crimes: Majority of crimes (e.g., disorderly conduct, OWI, drug offenses, prostitution) are not classified as serious.

• Criteria for Serious Crimes: Evaluated based on the nature of the crime, the accused's criminal record, and the relationship between victim and offender.

Page 3: Arrest Essentials

• Essential Elements of Arrest:

  • Action taken by law enforcement (lawful authority).

  • Taking custody/control over the individual.

  • Resulting in the loss of freedom.

  • Clear intent to charge the individual with a crime.

• Legal Validity of Arrest: Must have probable cause and proper jurisdiction/authority.

• Law Enforcement Discretion: Officers have discretion in deciding whether to arrest.

Page 4: Length of Detention

• The detention period must be only as long as necessary to conduct actions associated with the stop.

Page 5: Authority to Arrest - Discretion

• Reference various discretion cases including:

  • Tiger Woods' field sobriety test video.

  • Josh Kuiper's non-arrest incident.

  • Links provided for video demonstrations.

Page 6: Authority to Arrest

• Authority established under state statutes for police and citizen arrests.

• Categories of Peace Officer Authority:

  • With an arrest warrant.

  • Without an arrest warrant under certain conditions (probable cause for misdemeanors and need for an arrest warrant to formally process the case).

Page 7: Use of Force

• Categories of use of force:

  • Deadly Force: Allowed under certain circumstances.

  • Non-Deadly Force: Regulated by departmental policies and state laws.

Page 8: Use of Force – Training Video

• Link to training video demonstration related to use of force policies.

Page 9: Defendant Demographics

• General Characteristics:

  • Young, predominantly male (only 25.5% are women).

  • Commonly unemployed and single.

  • Overrepresented among minority groups, particularly African-American males.

  • Classifications:

    • Career Criminals: 7% responsible for 70% of crimes.

    • Opportunistic Offenders: Those who commit crimes based on circumstances or poor judgment.

Page 10: Victim Demographics

• Victim characteristics often aligned with those of defendants:

  • Young, male, minority status, single, low income, unemployment.

  • Observations about increasing female representation as victims and offenders.

Page 11: Charging Methods

• Overview of various methods for charging individuals:

  • Complaint/arrest warrant or ticket.

  • Grand jury process mentioned for later discussion.

Page 12: Complaint/Arrest Warrant

• Detailed explanation of a complaint:

  • Court document (pleading) created and filed by an attorney after acceptance by the court.

  • An arrest warrant directs police to bring the accused to respond to charges.

Page 13: Grand Jury Process

• Charging Decision: Must include essential elements and the corpus delicti (body of the crime).

• Final Charging Decision: Made by the prosecutor, who guides the process.

Page 14: Court Documents

• Grand Jury and Indictment:

  • Filed court documents after prosecutor's authorization.

  • Complaints mirror the arrest warrant and convert to "information" during trial for felonies in Michigan.

Page 15: Grand Jury Overview

• Case reference: Hurtado v. California (1884) indicating that Fifth Amendment grand jury rights don’t apply to states.

• Michigan's usage of grand juries for federal indictments.

Page 16: Grand Jury Process

• Differences from petit (trial) jury:

  • Proceedings are held in secret; no judge present.

  • Majority vote by jurors, not a judge's verdict.

  • Fewer rights for defendants compared to trial jury settings.

Page 17: Investigative Powers of Grand Jury

• Grand juries possess investigative powers, including the ability to subpoena witnesses and grant immunity.

• Requires separate statutory authorization for investigative subpoenas in Michigan.

Page 18: Initiating a Complaint/Arrest Warrant

• Procedure where investigators submit reports to prosecuting officials for review.

• In Michigan, prosecution requires a signature on charging documents and probable cause sworn before a judge.

Page 19: Arrest Warrant Information

• Critical details required: Name of accused, identifying information, nature of the offense, penalties, and court details.

• Importance of accuracy highlighted through real example.

Page 20: Initial Appearance/Initial Arraignment

• Case reference: County of Riverside v. McLaughlin (1991): Time restrictions for arraignment of warrantless arrests set at 48 hours.

• Importance of timely arraignment to prevent unlawful detention.

Page 21: Importance of McLaughlin Decision

• Significance in requiring judicial review of executive branch arrest decisions.

Page 22: Initial Appearance in District Court

• Key aspects of initial appearance:

  • Provision of complaint copy to defendant, advising of rights, setting next date.

  • Pleas can be entered (not guilty) and bail considerations address.

Page 23: Defense Counsel at Arraignment

• MI Indigent Defense Commission standards: Ensure defendant meets with counsel before hearings and representation at hearings.

• Potential impacts on various stakeholders including courts, defendants, and prosecutors.

Page 24: Arraignment Case Study Video

• Reference video of Melissa Huckaby's arraignment for serious charges.

Page 25: Bail Determination

• Decision-making process regarding a defendant’s custody status and bail.

  • Minor crimes can see bail set without a first appearance; preventive detention for those detained.

Page 26: Theories of Bail Function

• Bail serves multiple functions:

  • Ensures appearance at future hearings.

  • Protects society (preventive detention).

  • Assesses risk and victim safety.

Page 27: Procedures for Bail

• Minor misdemeanors have set bail amounts established by courts.

• Felony bail procedures managed by arraigning courts.

Page 28: Traditional Bond Forms

• Types of bonds discussed:

  • Release on Own Recognizance (ROR): A promise to appear.

  • Cash/Surety Bonds: Monetary commitments for release, detailing responsibilities of defendants.

  • Bail Bondsman Role: Businesses aiding defendants in securing release for a fee.

Page 29: Modern Bail Option

• 10% Bond: Allows defendants to post a fraction of bail directly to the court.

  • Funds almost fully returned after case resolution, avoiding fees to bail agents.

Page 30: Bail and Pretrial Release

• Standard monetary ranges and types established for bail, with conditions that can be imposed.

• Factors influencing bail amounts:

  • Seriousness of the crime, prior records, and situational justice considerations.

Page 31: Bail Class Exercise

• Group activity to assess and set bail for provided scenarios based on Michigan law:

  • Various options discussed, assessing risk and circumstances.

Page 32: Impact of Pretrial Detention on Case Disposition

• Concerns highlighted about coercion in guilty pleas from innocent defendants.

• Research findings indicate that bailed defendants are less likely to be found guilty.

Page 33: Failure to Appear (FTA) Consequences

• Actions taken when a defendant fails to appear:

  • Revocation of bail status.

  • Forfeiture of bond.

  • Potential new charges for absconding.

Page 34: Due Process vs. Crime Control Conflict

• Conflicts illustrated between upholding due process and ensuring public safety:

  • Focus on presumption of innocence vs. risks posed by releasing violent offenders.

  • Historical background on bail reform legislation.

Page 35: Impact of Bail Policies on Jails

• Examination of overcrowding and associated costs in jails due to bail policies:

  • Statistics reflecting increased jail populations and associated financial burdens.

Page 36: Post-Trial Bail Discretion

• Judges’ discretion to release defendants on bond post-conviction based on no danger to society.

Page 37: Preliminary Examination Procedure

• Overview of Michigan’s current two-step process post-2014, involving probable cause conferences followed by preliminary examinations.

Page 38: District Court Hearing

• Responsibilities during preliminary hearings include:

  • Evidence disclosure and plea negotiations.

  • Witness testimonies, determining probable cause, and checks on prosecutorial power.

Page 39: Outcomes at Preliminary Conference

• Potential outcomes post-conference:

  • Waive to circuit court, accept plea offers, adjournment, or bind-over to circuit court.

Page 40: Preliminary Hearing Requirement

• Constitutional requirements for preliminary hearings: mandatory for felonies, optional for misdemeanors.

• Considerations for defense attorneys about the necessity and strategy of having these hearings.

Page 41: Trial Court Felony Arraignment Process

• First official recognition of felony charges through filing of "information."

• Summary of key procedures during felony arraignment.