Graves here's my CrimPro Ch1 outline if it'd help you lmao:
CRIM PRO (01/16/18)
CHAPTER 1: On Studying the Legal Regulation of the Criminal Justice Process
§ 1. The Chapter’s Objectives
§ 2. The Steps in the Process
A. Process Variations
Magistrates: judges in initial portions of processing felony cases, lack of trial jurisdiction in felony cases
Trial courts: court of general jurisdiction w/ trial authority over felony cases
B. Steps in the Process
Step 1: Pre-arrest investigation
-Reactive Investigations (responding to crime, collecting evidence, etc)
-Proactive Investigations (stings, surveillance, intrusive confrontations, etc)
-Prosecutorial Investigations (subpoena, grand jury)
Step 2: Arrest
-Taken into custody for purposes of charging a crime
-Probable cause
-Warrantless arrest
-Arrest warrants issued by magistrates
-Contemporaneous search incident to arrest
Step 3: Booking
-Police station or similar holding facility
-More thorough search
-Stationhouse bail program
Step 4: Post-arrest investigation
-Eyewitness ID, lineups, evidence collection, custodial interrogation
Step 5: Decision to charge
-Internal department review may reverse arresting officer’s decision
-Reversal may be due to error, lack of evidence, “stationhouse adjustment”
-Booking charged felonies may be reduces to misdemeanors
-Ultimate authority over charging lies with prosecutor
Decision made: (1) prior to filing complaint – release of arrestee, (2) after complaint filing and prior to filing indictment/information – prosecution motion before magistrate to withdraw complaint or grand jury vote to not indict, or (3) after filing indictment/information – prosecution nolle prosequi motion before trial court
Step 6: Filing the complaint
-Must be done with magistrate prior to arrestee’s first appearance
-Brief document, basic function to set forth concisely that accused committed specific acts in violation of a particular criminal statute
-Signed by complainant – person who swears under oath that factual allegations are believed to be true (usually either victim or investigating officer)
-When officer-complainant did not witness offense but relies on information from witnesses = notation that allegations based on “information and belief”
-With filing of complaint, arrestee officially becomes defendant in criminal prosecution
Step 7: Magistrate review of the arrest
-If warrantless arrest and accused remains in custody
-Gerstein review by magistrate to determine whether probable cause exists for charged offense
-Ex parte determination
-If no probable cause, prosecution directed to produce more info or release accused
Gerstein review not required when arrest warrant or grand jury indictment prior to arrest
Step 8: The first appearance
-Arrestee in custody must be presented to magistrate within 24-48 hours
-Brief proceeding where magistrate informs defendant of charge, rights, nature of further proceedings (date set for preliminary hearing)
-If defendant not represented, magistrate informs of right to counsel including state counsel if indigent (determined prior by court admin or PD and present at first appearance, or determined by magistrate at first appearance)
Bail set conditioned on non-financial and traditional requirements and consideration of info pertaining to offense and defendant
Step 9: Preliminary hearing
Mooted if grand jury indictment prior to hearing
Used by prosecutors in indictment jurisdictions to preclude hearings
Hearing determines whether evidence sufficient to move forward
Unlike ex parte magistrate review (step 7), prelim hearing is an adversary proceeding with both sides represented by counsel
Prosecution presents witnesses, defense cross-examines and may present defense witnesses
If magistrate still concludes sufficient evidence, she will “bind the case over” to next stage (grand jury or trial court)
Magistrate may reduce charges
Step 10: Grand jury review
-Not needed in information states
-Grand jury determines whether evidence sufficient to justify trial
-Meets in closed session and hears only evidence presented by prosecution
-Defendant cannot present evidence or be present during proceedings
If grand jury concludes evidence sufficient, indictment is issued setting forth brief description of offense and designation as “true bill”
Step 11: The filing of the indictment or information
-Issued indictment filed with general trial court and replaces complaint as case’s accusatory charging instrument
Information states – information filed w/ trial court, charging instrument
Step 12: Arraignment on the information or indictment
-Defendant enters plea of guilty or not guilty (or nolo contendere)
-Most plead not guilty: defense not yet fully appraised of strength of prosecution’s case and most guilty pleas produced by plea negotiations (step 14)
-Upon plea of not guilty, judge sets trial date
-General expectation that trial will not be held
Step 13: Pretrial motion
-Objections challenging institution of prosecution, sufficiency of charging instrument, scope prosecution, requests for discovery and suppression of evidence
Only made in small portion of cases
Step 14: Guilty plea negotiation and acceptance
-Product of plea agreement where prosecution offers concessions in return for plea
-Discretion of prosecutor
-Trial judge must ensure defendant understands consequences and terms of plea
Step 15: The trial
-Jury or bench
-When jury can’t reach agreement, hung jury is discharged w/o verdict and case may be retried
-Median time from arrest to trial: 5-8 months
Step 16: Sentencing
-Most jurisdictions: function of the court
-Financial sanctions and/or incarceration (jail or prison)
-Sentencing law often restricts options (mandatory minimums)
Step 17: Appeals
-Initial appeal goes to intermediate appellate court or court of last resort
-All states allow defendants to appeal conviction and some allow sentence appeal
-Typically 5-10% reversal rate
Step 18: Collateral remedies
-Convictions challenged on grounds of constitutional violations
-Occurs after appellate process is exhausted and are separate from basic criminal justice process
-Federal writ of habeas corpus (constitutional challenge to conviction)
