Criminal Procedure: Arrest Warrants and Arraignment

Grand Jury and Trial Process

• The grand jury is called "grand" because in French "grande" means large, as opposed to the petit jury, which is the trial jury.

Grand Jury Function

• Cases are sent to the grand jury to allow an independent hearing of the case by a group of the suspect's peers.
• The grand jury's job is to determine if there is probable cause to issue an indictment.

Bill of Indictment

• The grand jury is given a Bill of Indictment to consider, which is written by the prosecutor.
• The Bill of Indictment states the facts of the case and the charges the prosecutor will press if the grand jury agrees that probable cause exists.

Grand Jury Proceedings

• The grand jury calls witnesses and reviews collected evidence.
• If the grand jury finds probable cause, they issue a "true bill" and the indictment is issued.
• If probable cause is not found, they find "no true bill" and the indictment is not issued.

Arrest Warrant and Summons

• A warrant is issued based on the indictment or information.
• A warrant is a court order to take custody of a person to bring them to court to answer a charge.
• A summons is an order from the court to a person to bring themselves to court to answer a charge.

Arraignment

• The arraignment is the first public hearing, where the charges are read to the defendant and they are asked to enter a plea.
• If the defendant pleads guilty, sentencing takes place at this point.
• If the defendant pleads not guilty, the case is scheduled for trial.

Preliminary Hearing

• The preliminary hearing is a hearing held in felony cases to review probable cause.
• The judge reviews the evidence and determines if there is probable cause to bind the defendant over for trial.
• The defendant may waive the preliminary hearing, and the case may be sent to the grand jury instead.

Pretrial Motions

• A motion is a formal request to the judge to make a ruling or take an action.
• There are two major types of motions: motion for discovery and motion to suppress.
• The outcome of the trial hinges on the discovery process.

Motion for Discovery

• Discovery is the process of finding out information known by the other side.
• Discovery includes depositions, interrogatories, and requests for documents and evidence.
• The defense must cooperate with the prosecution's requests for discovery.

Motion to Suppress

• The motion to suppress is made by the defense to have evidence barred from trial.
• The defense argues that the evidence was illegally obtained.
• The judge hears arguments and makes a ruling on the motion.

Plea Bargaining

• Plea bargaining is the process of disposing of a case by offering to plead guilty to a lesser charge.
• The defense offers to plead guilty to a lesser charge to avoid the possibility of a larger penalty.
• Plea bargaining typically occurs after discovery and motions.

Trial

• The trial is a contest of facts, where the prosecution and defense present their cases.
• The judge's role is to administer the court and make rulings on questions of law.
• The jury's role is to decide the facts of the case and deliver a verdict.

Jury Selection

• Jury selection is done through a process called Voir Dire.
• Potential jurors are questioned by the attorneys to determine their eligibility and bias.
• The jury is selected to ensure a fair and impartial trial.

Trial Choreography

• The trial follows a specific sequence of events:
  • Opening statements
  • Prosecution case
  • Defense case
  • Closing arguments
  • Jury instructions
  • Deliberation and verdict

Officer's Involvement

• As an investigator, the officer's role is to collect information to assist in the prosecution of the case.
• As a witness, the officer's role is to accurately report the facts of the case.
• The officer must be prepared to present their information clearly and concisely during direct examination.
• The officer must also be prepared to withstand cross-examination by the defense.