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Arrest to Arraignment

This chapter explores the criminal justice process, focusing on the transition from arrest to arraignment. It outlines the steps involved, including the initial appearance, charging documents, preliminary hearings, and grand jury proceedings. The Uniform Crime Reports are discussed, highlighting crime classifications (Type I and Type II offenses) and the alarming statistics on arrests and clearance rates for various crimes. The importance of legal representation during crucial stages of the process is emphasized, alongside the “Wedding Cake” model of judicial prioritization concerning different types of cases.

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Arrest to Arraignment

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

  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. 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.

  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: • Complaint • Information • Arrest warrant • 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 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.

  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 Layer 1 • Celebrated cases: • O.J Simpson • Scott Pederson • Serious felonies • Lesser Felonies • Misdemeanors Layer 2 Layer 3 Layer 4 Samuel Walker

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