Checklist Crj101 Unit 4 Group Project


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Reference Checklist Processing Requirements and Reference Checklist Mandated Pre-Trial Measures

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Checklist Crj101 Unit 4 Group Project

  1. 1. The Courts<br />Carla J. McCoy<br />Unit 4 Group Project – CRJ101<br />March 5th, 2009<br />American InterContinental University<br />Reference Checklist Processing Requirements<br /><ul><li>Officers must Conduct a Pre-Trial Service Investigation
  2. 2. Gathering and Verifying important information about defendant and defendant’s suitability for pretrial release.
  3. 3. When officers are notified that defendants have been arrested, this is when the Investigation begins
  4. 4. The Arresting agent will place a call to the Pretrial service office with information about the defendant, and the circumstances surrounding the arrest.
  5. 5. Officers must Interview Defendants
  6. 6. This is done to Determine defendant’s source of support, activities, living situation, and employment
  7. 7. Prior to the Interview a criminal history check will be performed, the Officer may need to speak to the Assistant U.S. Attorney about the charges and government’s position for a decision to be made in deciding to release or detain the defendant.
  8. 8. The Interview must take place in the U.S. Marshal’s holding cell, local jail, pretrial services office, or law enforcement agency’s office.
  9. 9. Officers speak to defendants in private and must remain objective during the interaction.
  10. 10. The Officer Explains that information will be used to determine defendant’s release or whether or not he/she is detained.
  11. 11. Officers must never discuss alleged offense, guilt or innocence and does not provide legal advice or recommend an attorney.
  12. 12. Verify Information received from the Defendant(s)
  13. 13. Any information the Officer receives could confirm what defendant has said, contradict it, or provide something more.
  14. 14. Items that can be collected are documents, collateral sources from other people, and online research. Officer’s research may involve contacting defendant’s family members and associates in order to confirm background information.
  15. 15. Employers may verify employment, law enforcement agencies may retrieve a criminal history, and financial institutions may obtain for the officer a bank or credit card statement.
  16. 16. Conduct the Investigation on time.
  17. 17. Sometimes officers must wait for arresting agents that make the defendant available or for the U.S. marshals in order to finish processing the defendant.
  18. 18. There are also times when the Defense counsel will interview the defendant and tells the defendant not to answer any officer’s questions.
  19. 19. Sometimes the officer will wait for an interpreter or for an interview room.
  20. 20. There are also times when verifying information becomes difficult due to the defendant giving false information or giving a false identity. Another thing that may slow things down is when people who are verifying information are not available. (U.S. Courts, 2009)
  21. 21. Reference Checklist Mandated Pre-Trial Measures
  22. 22. A jury is selected through preemptory challenges or strikes
  23. 23. If it’s a capital case each side gets 20
  24. 24. If it’s a felony case the government has 6 preemptory challenges and defendants jointly have 10 preemptory challenges.
  25. 25. When the defendant is charged with a crime punishable by imprisonment of more than one year.
  26. 26. Each side has 3 preemptory challenges when the defendant is charged with a crime punishable by fine, imprisonment of one year or less or both.
  27. 27. The court may allow additional preemptory challenges to multiple defendants and may allow defendants to exercise those challenges separately or jointly.
  28. 28. Pretrial Measures
  29. 29. Arraignment
  30. 30. Please
  31. 31. Government identification of the victim(s)
  32. 32. Notices and courts consideration of defenses such as alibi or insanity
  33. 33. Joint or separate trials with multiple defendants
  34. 34. Security for material witnesses
  35. 35. Depositions
  36. 36. And Discovery
  37. 37. Upon Defendants Request
  38. 38. Government must disclose to the defendant the substance of relevant oral statements made by defendant before or after arrest
  39. 39. Response to interrogation by a person the defendant knew was a government agent (if the government intends to use the statement at trial)
  40. 40. Rule of Discovery
  41. 41. Does not include the inspection of reports, memoranda, or other internal government documents made by an attorney for the government or other government agents in connection with investigating or prosecuting the case.
  42. 42. This rule does not authorize the discovery or inspection of statements made by prospective government witnesses.
  43. 43. Failure to comply with Rules of Discovery
  44. 44. Will result in the court ordering a compliance with a specified time, place and other terms and conditions.
  45. 45. Prohibits the introduction of such information into evidence.
  46. 46. (Commission on Capital Punishment, 2002)
  47. 47. (Ministry of the Attorney General, 2007)</li></ul>References<br />Ministry of the Attorney General, (2007) Report of the Criminal Justice Review Committee<br /> Access to Justice retrieved on March 6th, 2009 at<br />Commission on Capital Punishment, (2002) Pretrial Proceedings Ch. 8, retrieved on March 6th, <br />2009 at<br />U.S. Courts, (2009) The Pretrial Services Officer’s Role Pretrial Services Officers retrieved on<br /> March 6th, 2009 at<br />