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.