CRJU 3300 Chapter Notes - Chapter 7: Motion In Limine, Hung Jury, Bench Trial
Document Summary
Arrests: felonies do not require a warrant, only probable cause. After arrest: short-term detention facility where interrogations may take place. May or may not happen to appear before a judge for bail to be set. Pre(cid:448)e(cid:374)tati(cid:448)e dete(cid:374)tio(cid:374): a(cid:272)(cid:272)used re(cid:373)ai(cid:374) i(cid:374)(cid:272)ar(cid:272)erated u(cid:374)til the (cid:272)ase"s e(cid:374)d ((cid:271)ased on flight risk and threat to community). 8th amendment: bail is not a guaranteed right. Release of recognizance (defendant giver their word to appear in court on their assigned date), cash deposit, property bonds, and bail bondsman (bounty- hunters). Initial appearance: judge decides if there was probable cause, determines if bail is appropriate, happen 24-28 hours after arrest. Riverside vs mclaughlin: courts cannot exclude weekends of holidays from this 48 hour rule. Preliminary hearing: indigent defendant often waive this right. Inform defendant of charges and right to counsel. Prosecution presents some witnesses/ evidence to prove probable cause to judge.
