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Arrest to Arraignment. Chapter Ten. 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. Homicides Forcible Rape Robbery. Aggravated Assault Burglary & Larceny

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ucr reports
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
part i offenses a k a index crimes
Homicides

Forcible Rape

Robbery

Aggravated Assault

Burglary & Larceny

Motor Vehicle Theft

Arson

Part I Offenses a.k.a. Index Crimes
type ii offenses
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)
arrests
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. 13.7 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.
the process
The Process
  • Crime
  • Arrest
  • Initial Appearance
  • Charging
  • Preliminary Hearing
  • Grand Jury
  • Arraignment
initial appearance
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.
charging
Charging
  • Charging document: a brief description of the date and location of the offense.
  • Four types of charging document:
      • Complaint
      • Information
      • Arrest warrant
      • Indictment
preliminary hearing
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.
grand jury
Grand Jury
  • Emerged in English law in 1176.
  • 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.
grand jury terminology
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.
arraignment
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.
the wedding cake model
The “Wedding Cake” model

Layer 1

  • Celebrated cases:
    • O.J Simpson
    • Scott Pederson
  • Serious felonies
  • Lesser Felonies
  • Misdemeanors

Layer 2

Layer 3

Layer 4

Samuel Walker