DOCSLIB.ORG

Felony Case-Processing Time in 12 Jurisdictions Typically Take Longer to Process Than a Criminal Defendant's Right to a Cases in the Lower Courts

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Felony Case-Processing Time in 12 Jurisdictions Typically Take Longer to Process Than a Criminal Defendant's Right to a Cases in the Lower Courts u.s. Department of Justice Bureau of Justice Statistics Excessive delays in adjudicating accus­ ed felons may violate a defendant's August 1986 righ t to a speedy trial while also un­ dermining the community's interest in :\lost S ta tes and the Federal Gov­ on the time it takes to prosecute punishing those who violate the law. ernment have laws ensuring that felony cases in a variety of jurisdic­ This re90rt 9resents data on the speed criminal trials take place within a tions throughout the country. This with which felony cases are 9rocessed reasonable period of time. Not only special report presents such data for in 12 mostly urban jurisdictions. It do defendan ts have a constitutional different types of dispositions-dis­ shows the ela9sed time from arrest to right to a speedy trial, but law­ missals, pleas, and trials-and for disposition both for felony arrests that abiding citizens also can reasonably various classes of crime. resulted in charges being filed in court expect that those who victimize Special thanks are due to the and for those filed cases that were sub­ others will receive appropriate prosecutors in the 12 jurisdictions sequently indicted and bound over to sanc tions wiLhou t unnecessary delays. who generously supplied the data the felony court for dis~)Qsition. As part of its "Prosecution of presented in this report. Felony Arrests" series, the Bureau Stev~n R. Schlesinger The 12 jurisdictions have a median of Justice Statistics collects data Director 90pulation of nearly 600,000 and in­ clude such major cities as Los Angeles, CaliL; San Diego, CaliL; :ilanhattan dictions provided data on more than or fiscal 1981; in New Orleans and (NYC), N.Y.; Washington, D.C.; Salt 100,000 felony arrests that resulted in Rhode Island the data are for cases Lake City, Utah; Portland, Ore.; and court filings and more than 50,000 initiated in calendar 1980. Cases were New Orleans, La.; as well as the State cases indicted. In 10 jUrisdictions the subsequently disposed in the same or of Rhode Island (table 1). These juris- da ta are for cases ini tia ted in calendar later years. The major findings include: Table 1. Participating jurisdictions .. On average in the jurisdictions Population :';u:nber af studied, about half of all felony arrests of leg:al C.l:iies Cases InCle ted jurisclc tion, :,lajor CI ty filed in and bound for which charges were filed in court 1930 a in Jurlsdic tion Legal jurisdiction court over for trial were disposed of in 31/2 months or less. For cases indic ted and bound over Total 10~,307 51,397 for trial the case-processing time was 7,477,657 Los ,\ngeles, Calif. Los Angeles Co',n ty 29,~6-1b 18,752 just under 5 months. 1,361,3-16 San Diego, Cali f. San Diego County 11,534 -1,734 1,427,533 olanhattan, ~. Y. )few York C;:,unt',' 30,310 S,173 o Cases resulting in trials took abou t 947,15-1 PrOVidence, R.t. State of Rhode LSland 5,-135 3.90-1 twice as long to dispose of (slightly 637,631 WaShington, D.C. WaShington, D.C. g,44~ 3 .-.&.."", ~, 61~ ,066 Salt Lake City, L'tah Salt Lake County 2,745 1,546 over 7 mon ths) as those reslJl ting in 562,6-\0 Portland, Ore. ~lultnomah C;:,unty 3,392 3,641 guilty pleas or dismissals. 557J~82 )few Orleans, La. Orleans Parish 3,559 c 3,659 -\53,085 St. Lou is, :,[0. St. Louis City 3 t 649 2,770 o Generally, the more serious the 374,132 Golden, Colo. 1st JUdicial District 1,338 866 charge the longer the case-processing 245,94-1 Brighton, Colo. 17th JUdicial District 1,H2 d 362d time. For all felony arrests for which 125,975 Pueolo, Colo. 10th Judicial District 339 1 ~" ," charges were filed in court, case­ aU.S. Bureau of the Census, 1980 Census. crn New Orleans cases filed and cases processing time ranged from a low o[ !>-£xcludes a number of felony arrests filed as mis­ ir.dic ted are the same. 3.2 months [or larceny and burglary to demeanors and handled by municipal ~rosecutors. Partial counts. a high of 6.2 months for homicide. 101985 U.S. Depal1ment of Justice National Institute of Justice This document has been reproduced exactly as received from the person or organization originating it. Points of view or opinions stated in this document are those of the authors and do not necessarily represent the official position or policies of the National Institute of Justice. Permission to reproduce this c{)~~ed material has been granted by Public Domain/Bureau of Justice Statlstics7US Department of Justice to the National Criminal Justice Reference Service (NCJRS). FUrther reproduction ('ltside of the NCJRS system requires permis­ sion of the oopyf'igJ:lt owner. .--.. • rises to 4.9 months. Felony cases Right to a speedy trial Table 2. Felony case-processing time in 12 jurisdictions typically take longer to process than A criminal defendant's right to a cases in the lower courts. This is speedy trial is guaranteed by the Sixth Average elapsed time from because (1) unlike misdemeanor cases arrest to disl!osition for: they typically require preliminary Amendment to the U.S. Constitution: Cases "In all criminal prosecutions, the indicted hearings or grand jury presentations, accused shall enjoy the right to a Cases and bound (2) generally felony cases are viewed filed in over as more serious and wOL·thy of greater speedy and public trial ...." court for trial Determining when this right has been attention and court resources than violated, however, is rarely a matter of Total (mean) 3.5 mos. 4.9 mos. cases disposed in lower courts, and (3) felony court is where most trials, the simple objective fact. In Barker v. Typ e 0 f disposi tion Wingo (407 U.S. 514, 530-33 (1972» the Dismissal 2.8 5.3 most time-consuming type of disposi­ Supreme Court spelled out four factors Guilty plea 3.4 4.5 tion, take place. for courts to weigh in determining if a Trial 7.1 7.4 defendant's constitutional right to a :'lost serious charge Type of disposition speedy trial has been denied. The Homicide 6.2 7.1 Sexual assault -t.2 6.0 length of the delay is the most im!?or­ Robbery 3.5 4.4 For both cases filed in court and tant consideration, but it must be Burglary 3.2 4.1 cases indicted, trial dispositions take judged in ligh t of the reasons for the Larceny 3.2 4.7 considerably longer than dismissals or guilty pleas. Trial dispositions for delay. Deliberate attempts to delay by Data are derived from 12 different the government weigh heavily in favor Note: cases filed took just over 7 months and jurisdictions and represent median case 1 of the defendant. Certain reasons, such processing times within jurisdictions averaged for cases indicted just under 7 /2 as the absence of a key witness, are using the mean across all jurisdictions with months. These times are nea.rly identi­ available data. Data for "total" and "type of cal because most tr:als-in some juris­ considered valid. The court must also disposition" were available from all 12 determine if the defendant asserted his jurisdictions; data for "most serious charge" dictions almost all the trials-take right to a speedy trial and if the delay were available for 9 jurisdictions. The elapsed place in felony court. prejudiced the case against the time in months was computed by dividing the defendant. elapsed time in days by 30.4 (the average For cases filed, dismissals take less number of days per month in a nonleap year). than half as long as trials (2.8 months Speedy trial laws vs. 7.1 mon ths). This indica tes thn t pled guilty, or the defendant was con­ most dismissals occur relatively early Federal and State laws, referred to victed or acquitted at trial.* No ad­ in the court process. After a case is as "s!?eedy trial laws, 11 attem!?t to justments were made for time periods indicted and bound over to the felony supplement the imprecise definitions of considered excludable time according court, dismissals take considerably the Sixth Amendment by introducing to the various State speedy trial laws. longer (5.3 months), though still less quantitative measures of unacceptable Thus, the case disposition times repre­ time than trials. This may be because delay. The Federal Speedy Trial Act of sent the elapsed calendar time from the weakest and least serious cases­ 1974, amended in 1979, s!?ccifies time arrest to final court disposi lion. those most li)<ely to be quickly standards for the two primary stages in dismissed-have been weeded out the Federal court !?rocess. Thirty days The times presented represent the before indictment. are allowed from arrest to indictment overall jurisdiction average for the and 70 days from indictment to trial. reporting jurisdictions. These were Since approximately 7096 to 8096 of Certain time periods, such as those calculated first by computing the trials typically result in a conviction, associated with hearings on pretrial median case-processing time within comparing disposition times for tL'ials motions, incompetency hearings, and each jurisdiction and then taking the vs. guilty pleas gives a rough indica tion absence of a material witness, are arithmetic mean (average) of these of how much longer it takes to get a considered excludable time. values across jurisdictions. The use of conviction by trial ra ther than by a medians as the measure of central plea.
Load more

Recommended publications
  • COVID-19 Is No Excuse for Suspicionless Searches of Electronic Devices at the Border by Blaine H
    COVID-19 Is No Excuse for Suspicionless Searches of Electronic Devices at the Border By Blaine H. Evanson, Daniel R. Adler, and William F. Cole June 19, 2020 The coronavirus is not in your phone. Why travelers’ electronic devices without a warrant should it be used to justify border searches? supported by probable cause, or even without reasonablesuspicion that the traveler has been For the last four years, the U.S. border has exposed to COVID-19 or has violated related been a flashpoint for bitter public policy public health measures. disputes over immigration, the character of the country’s sovereignty, and the nature Such a breathtaking claim of unbounded and extent of constitutionally guaranteed investigatory authority would hardly be civil liberties. Many of these border- unprecedented for CBP. To the contrary, related disputes have receded from public it would be of a piece with CBP’s policy of consciousness as a result of 2020’s trifecta conducting suspicionless searches of electronic Blaine H. Evanson Partner of a presidential impeachment, a global devices—CBP already conducts tens of health pandemic, and racial tension over thousands of such searches every year. And policing. Yet as the country begins to emerge CBP would not be the only law enforcement from COVID-19 lockdowns, America’s agency to sift through digital data in an effort international borders are likely to resurface to trace the spread of COVID-19. State and as a key battleground for civil libertarians local law enforcement authorities have been and law enforcement officials. The cause? trawling through social media posts to arrest The “border search exception,” a little- travelers for violations of social distancing known loophole to the Fourth Amendment’s orders.
    [Show full text]
  • GUIDE for ARREST, JAIL TIME/DETENTION, TRIAL/HEARING, and SENTENCING STAGES (Guide 1 of 3)
    Guide for Families Experiencing the Criminal Justice System GUIDE FOR ARREST, JAIL TIME/DETENTION, TRIAL/HEARING, AND SENTENCING STAGES (Guide 1 of 3) HTTP://WWW.YOUTH.GOV/COIP Families have unique needs and challenges when a parent is arrested. When this happens, family FAMILIES WILL TALK TO MANY members—including the children—are affected. PEOPLE DURING THESE FOUR This guide is the first in a series of three guides STAGES: that cover a family’s journey as the family goes through the stages of, and copes with, a loved • Lawyer or public defender one’s involvement in the justice system. • Judge and court personnel This guide covers the first four stages in the • Probation officer typical criminal justice process, and the other • Law enforcement two guides cover incarceration and reentry: • Jail or detention facility staff • Arrest (entry into the system) • Jail or detention case worker • Jail Time/Detention (prosecution • Child welfare (in some cases) and pretrial services) • Hearing/Trial (adjudication) Families can use the worksheet on the last page of this guide to keep track of • Sentencing (before incarceration) important names, phone numbers, and • Incarceration (Guide 2) e-mail addresses. • Reentry (Guide 3) This guide starts with descriptions and definitions guide. The questions are designed to help of the stages to help families understand the families and caregivers anticipate and respond to legal terms and processes. Having a better thoughts and concerns their children may have. understanding may help families feel less The tips offer suggestions to help caregivers overwhelmed. It may also help families know support and care for the children of parents who what to expect and what will happen next.
    [Show full text]
  • Factsheet: Pre-Trial Detention
    Detention Monitoring Tool Factsheet Pre-trial detention Addressing risk factors to prevent torture and ill-treatment ‘Long periods of pre-trial custody contribute to overcrowding in prisons, exacerbating the existing problems as regards conditions and relations between the detainees and staff; they also add to the burden on the courts. From the standpoint of preventing ill-treatment, this raises serious concerns for a system already showing signs of stress.’ (UN Subcommittee on Prevention of Torture)1 1. Definition and context 2. What are the main standards? Remand prisoners are detained during criminal Because of its severe and often irreversible negative investigations and pending trial. Pre-trial detention is effects, international law requires that pre-trial not a sanction, but a measure to safeguard a criminal detention should be the exception rather than the procedure. rule. At any one time, an estimated 3.2 million people are Pre-trial detention is only legitimate where there is a behind bars awaiting trial, accounting for 30 per cent reasonable suspicion of the person having committed of the total prison population worldwide. They are the offence, and where detention is necessary and legally presumed innocent until proven guilty but may proportionate to prevent them from absconding, be held in conditions that are worse than those for committing another offence, or interfering with the convicted prisoners and sometimes for years on end. course of justice during pending procedures. This means that pre-trial detention is not legitimate where Pre-trial detention undermines the chance of a fair these objectives can be achieved through other, less trial and the presumption of innocence.
    [Show full text]
  • Hunters and the Hunted: Rights and Liabilities of Bailbondsmen Michael Goldstein
    Fordham Urban Law Journal Volume 6 | Number 2 Article 6 1978 Hunters and the Hunted: Rights and Liabilities of Bailbondsmen Michael Goldstein Follow this and additional works at: https://ir.lawnet.fordham.edu/ulj Part of the Accounting Law Commons Recommended Citation Michael Goldstein, Hunters and the Hunted: Rights and Liabilities of Bailbondsmen, 6 Fordham Urb. L.J. 333 (1978). Available at: https://ir.lawnet.fordham.edu/ulj/vol6/iss2/6 This Article is brought to you for free and open access by FLASH: The orF dham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Urban Law Journal by an authorized editor of FLASH: The orF dham Law Archive of Scholarship and History. For more information, please contact [email protected]. THE HUNTERS AND THE HUNTED: RIGHTS AND LIABILITIES OF BAILBONDSMEN I. Introduction For over 150 years bailbondsmen have had the right to arrest their principals' whenever and wherever they chose, and to recommit them to government custody in order to avoid forfeiture of their bond.2 This right was upheld when a bailbondsman forcibly entered his principal's home in the middle of the night,3 when the bondsman pursued his principal beyond state lines4 and even when the bonds- man used physical force in the act of apprehension.5 This Note will examine the development of this extrajudicial power to make arrests, the manner in which it is handled in the 1. Read v. Case, 4 Conn. 166 (1822); Nicolls v. Ingersoll, 7 Johns. (N.Y.) 145 (1810). 2. In this area of the law, the principal is the party who has been arrested and is seeking release from prison pending his scheduled court appearance.
    [Show full text]
  • Bail Bond Division
    OMCCA Bail Bonds Oklahoma Insurance Department May 17, 2016 1 Bail Bondsman License Requirements • At least Twenty-One (21) years of age • US Citizen • High School diploma or equivalent • Good character and reputation • No felony or certain misdemeanor convictions 2 Bail Bondsman Education Requirements • Pre-Licensing Education – 16 hours • Continuing Education – 8 hours annually • The Oklahoma Bondsman Association provides the PLE and CE 3 Lines of Authority (LoA) • 578 licensed bail bondsmen • Cash (83) • Professional (60) • Property Bail (2) • Surety Bail (549) • Multi-County Agent (25) As of 04-05-2016 4 Reporting Requirements • Bail bondsmen are required to electronically submit a report each month • Reports include appearance bonds written and discharged for reporting month • Bail bondsmen pay a reviewal fee to Department which is $2.00 per every $1,000 in appearance bonds written 5 2015 • Professional & MCA bail bondsmen appearance bonds written = $365,209,998.92 • Insurance companies appearance bonds written = $152,949,604.70 • Cash appearance bonds written = $1,088,721.74 • Property appearance bonds written = $120,000.00 6 Bail Bond Division Staff - • Communicate with bail bondsmen, court clerks, sheriffs, judges, and the public providing assistance and education concerning bail bonds • Review approximately 630 reports each month for accuracy • Review Court Clerk reports to ensure bail bondsmen report all appearance bonds 7 Bail Bond Division Staff - • Review and process approximately 65 new licenses each year and 369 license renewals in 2015 (biennially per birth month) • Recommend statute and rule changes to Department’s legislative staff • Testify at administrative hearings • Investigate complaints against bail bondsmen 8 Types of Complaints • BBF – Notice of Non Payment of Bond Forfeitures received from Court Clerks • BBI – Complaints from Consumers, Court Clerks, Sheriffs, & bail bondsmen • BBD – Bail Bond Division referrals to Legal Division 9 Complaints & Disciplinary Actions • Non Payment of Forfeiture notice (BBF).
    [Show full text]
  • Pre-Trial Detention Addressing Risk Factors to Prevent Torture and Ill-Treatment
    Detention Monitoring Tool Second edition FACTSHEET Pre-trial detention Addressing risk factors to prevent torture and ill-treatment ‘Long periods of pre-trial custody contribute to overcrowding in prisons, exacerbating the existing problems as regards conditions and relations between the detainees and staff; they also add to the burden on the courts. From the standpoint of preventing ill-treatment, this raises serious concerns for a system already showing signs of stress.’ (UN Subcommittee on Prevention of Torture)1 1. Definition and context 2. What are the main standards? Remand prisoners are detained during criminal Because of its severe and often irreversible negative investigations and pending trial. Pre-trial detention is effects, international law requires that pre-trial detention not a sanction, but a measure to safeguard a criminal should be the exception rather than the rule. procedure. Pre-trial detention is only legitimate where there is a At any one time, an estimated 3.2 million people are reasonable suspicion of the person having committed behind bars awaiting trial, accounting for 30 per cent of the offence, and where detention is necessary and the total prison population worldwide. In some countries, proportionate to prevent them from absconding, pre-trial detainees reportedly constitute the majority of committing another offence, or interfering with the course the prison population, and in some settings even over of justice during pending procedures. This means that 90 per cent of detainees.2 They are legally presumed pre-trial detention is not legitimate where these objectives innocent until proven guilty but may be held in conditions can be achieved through other, less intrusive measures.
    [Show full text]
  • Criminal Procedure Code of the Republic of Armenia
    (not official copy) CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF ARMENIA GENERAL PART Section One : GENERAL PROVISIONS CHAPTER 1. LEGISLATION ON CRIMINAL PROCEDURE Article 1. Legislation Governing Criminal Proceedings Article 2. Objectives of the Criminal-Procedure Legislation Article 3. Territory of Effect of the Criminal-procedure Law Article 4. Effect of the Criminal-Procedure Law in the Course of Time Article 5. Peculiarities in the Effect of the Criminal-Procedure Law Article 6. Definitions of the Basic Notions Used in the Criminal-procedure Code CHAPTER 2. PRINCIPLES OF CRIMINAL PROCEEDINGS Article 7. Legitimacy Article 8. Equality of All Before the Law Article 9. Respect for the Rights, Freedoms and Dignity of an Individual Article 10. Ensuring the Right to Legal Assistance Article 11. Immunity of Person Article 12. Immunity of Residence Article 13. Security of Property Article 14. Confidentiality of Correspondence, Telephone Conversations, Mail, Telegraph and Other Communications Article 15. Language of Criminal Proceedings Article 16. Public Trial Article 17. Fair Trial Article 18. Presumption of Innocence Article 19. The Right to Defense of the Suspect and the Accused and Guarantees for this Right Article 20. Privilege Against Self-Incrimination (not official copy) Article 21. Inadmissibility of Repeated Conviction and Criminal Prosecution for the Same Crime Article 22. Rehabilitation of the Rights of the Persons who suffered from Judicial Mistakes Article 23. Adversarial System of Criminal Proceedings Article 24. Administration of Justice Exclusively by the Court Article 25. Independent Assessment of Evidence CHAPTER 3. CONDUCT OF CRIMINAL CASE Article 26. Conduct of Criminal Case Article 27. The Obligation to institute a criminal case and resolution of the crime Article 28.
    [Show full text]
  • Constitutional Law - Confessions - Evidence Obtained Pursuant to an Illegal Arrest Is Inadmissable at Trial - Taylor V
    UCLA National Black Law Journal Title Constitutional Law - Confessions - Evidence Obtained Pursuant to an Illegal Arrest is Inadmissable at Trial - Taylor v. Alabama Permalink https://escholarship.org/uc/item/1q11z9h8 Journal National Black Law Journal, 8(2) ISSN 0896-0194 Author Palmer, Debra D. Publication Date 1983 Peer reviewed eScholarship.org Powered by the California Digital Library University of California CONSTITUTIONAL LAW-CONFESSIONS- EVIDENCE OBTAINED PURSUANT TO AN ILLEGAL ARREST IS INADMISSIBLE AT TRIAL Taylor v. Alabama' I. INTRODUCTION The fourth amendment2 commands that every individual is protected against unreasonable searches and seizures and that this right shall not be violated. The amendment also provides that no warrants shall issue but upon probable cause. This note will examine the history, development, and current status of the fourth amendment exclusionary rule. Emphasis will be placed on Taylor v. Alabama,3 which is consistent with the Supreme Court's prior decisions.' The United States Supreme Court announced, through the opinion of Justice Marshall, that evidence obtained pursuant to an illegal arrest is inad- missible at trial. The controversy in Taylor was whether petitioner's confes- sion,5 which was obtained after a warrantless arrest6 based on less than probable cause,' should have been excluded from evidence as "fruit of the illegal arrest." Prior to petitioner's arrest there had been a number of robberies in the area and the police had initiated an intensive manhunt in an effort to appre- hend the robbers. An individual, who was at the time incarcerated, told an officer that he had heard that petitioner was involved in the robbery.
    [Show full text]
  • B-103 – Criminal Process/Arrest Procedures 1 of 6
    DOUGLAS COUNTY SHERIFF’S OFFICE Policy and Procedure Specific Policies P&P-B-103 Criminal Process/Arrest Procedures Effective Date: 11-10-16 Approval: Sheriff Number of Pages: 6 Supersedes: 01-15-13 References: Reevaluation Date: Standards: CALEA LE 1.1.4, LE 1.2.1, 16-3-101 to 16-3-110 C.R.S. Annually or as needed LE 1.2.5, LE 1.2.6, LE 1.2.7, LE 61.1.2, LE 74.3.1-2 I. POLICY It is the policy of this Office that members should make all arrests quietly, without attracting unnecessary attention or subjecting any prisoner to needless exposure, humiliation or severity. Every arrest shall be made in accordance with the law of the State of Colorado and in strict compliance with all applicable laws and the Constitution of the United States. <LE 1.2.1>, <LE 1.2.5>, <LE 1.2.6>, <LE 61.1.2>, <LE 74.3.2> II. CRIMINAL PROCESS PROCEDURE <LE 74.3.1> A. For the purposes of this order, an arrest is the taking of a person into custody, as authorized by law. Commissioned personnel, as peace officers, may make an arrest with or without a warrant. An arrest warrant is a court issued document authorizing the arrest of an individual for a specified criminal charge based upon sufficient probable cause. <LE 1.2.6><LE 74.3.1><LE 74.3.2>. B. The person making the arrest must inform the person to be arrested of the intention to arrest him or her, of the cause of the arrest, and the authority to make the arrest, except when the member making the arrest has reasonable cause to believe that the person to be arrested is actually engaged in the commission of or the attempt to commit an offense, or the person to be arrested is pursued immediately after its completion, or after an escape.
    [Show full text]
  • Chapter 629 Extradition, Detainers, Arrest, Bail
    MINNESOTA STATUTES 1980 8883 EXTRADITION, DETAINERS, ARREST, BAIL 629.02 CHAPTER 629 EXTRADITION, DETAINERS, ARREST, BAIL EXTRADITION 629.362 Escaped prisoner recaptured. 629.01 Definitions. 629.363 Conductor; authority to arrest. 629.02 Duties of governor in extradition matters. 629.364 Arrests. 629.03 Demand in writing. 629.365 Definitions. 629.04 Attorney general to investigate. 629.366 Theft in business establishments; 629.05 Extradition by agreement. detention of suspects. 629.06 Extradition of persons committing crime. 629.37 Arrest by private person. 629.07 Warrant of arrest. 629.38 Disclosure of cause; means used. 629.08 Accused turned over to demanding state. 629.39 Private person making arrest, 629.09 Powers of officer. proceedings. 629.10 Accused taken before court. 629.40 Arrests, anywhere in state. 629.11 Violation a gross misdemeanor. 629.401 Delaying to take prisoner before 629.12 Accused may be confined in jail. magistrate. 629.13 Who may be apprehended. 629.402 Arrest without authority. 629.14 Arrest without warrant. 629.403 Refusing to make arrest or to aid officer. 629.15 Court may commit to jail. 629.404 Counties or municipalities causing arrest. 629.16 Admit to bail. WARRANTS; BAIL BONDS 629.17 Discharge. 629.41 Process, issuance. 629.18 Bond forfeited. 629.44 Recognizance by offender, duty of 629.19 Prisoner held or surrendered. magistrate. 629.20 Guilt or innocence not inquired into. 629.45 Bail refused; proceedings. 629.21 Recall of warrant. 629.47 Hearing or trial adjourned; recognizance. 629.22 Warrant for parolees or probationers. 629.48 Proceedings on failure to appear.
    [Show full text]
  • Detention Prior to Adjudication
    CUSTODIAL AND NON-CUSTODIAL MEASURES Detention Prior to Adjudication Criminal justice assessment toolkit 2 UNITED NATIONS OFFICE ON DRUGS AND CRIME Vienna CUSTODIAL AND NON-CUSTODIAL MEASURES Detention Prior to Adjudication Criminal Justice Assessment Toolkit UNITED NATIONS New York, 2006 The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations, the Secretariat and Institutions of the Organization for Security and Cooperation in Europe, and the Belgian 2006 OSCE Chairmanship concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. This publication has not been formally edited. TABLE OF CONTENTS 1. INTRODUCTION TO THE ISSUE................................................................................ 1 2. OVERVIEW: GENERAL AND STATISTICAL DATA.................................................... 5 2.1 DETENTION TRENDS AND PROFILE OF PROCESS .................................... 5 2.2 LEGAL REPRESENTATION ............................................................................. 6 2.3 PROFILE OF DETAINEES................................................................................ 7 2.4 KEY CHALLENGES: OVERCROWDING, TB, AND HIV .................................. 7 2.5 QUALITY OF DATA........................................................................................... 8 3. LEGAL AND REGULATORY FRAMEWORK..............................................................
    [Show full text]
  • Rule 9. Arrest Warrant Or Summons on an Indictment Or Information (A) ISSUANCE
    Rule 9. Arrest Warrant or Summons on an Indictment or Information (a) ISSUANCE. A judge must issue a warrant—or at the government's request, a summons—for each defendant named in an indictment or named in an information if one or more affidavits accompanying the information establish probable cause to believe that an offense has been committed and that the defendant committed it. The judge may issue more than one warrant or summons for the same defendant. The judge must issue the arrest warrant to an officer authorized to execute it or the summons to a person authorized to serve it. If a defendant fails to appear in response to a summons, the court must issue a warrant. (b) FORM. (1) Warrant. The warrant must conform to Rule 4(c)(1) except that it must be signed by the clerk and must describe the offense charged in the indictment or information. The terms of release or detention may be fixed by the judge and endorsed on the warrant. (2) Summons. The summons must be in the same form as a warrant except that it must require the defendant to appear before the court at a stated time and place. (c) EXECUTION OR SERVICE; RETURN; INITIAL APPEARANCE. (1) Execution or Service. (A) The warrant must be executed or the summons served as provided in Rule 4(d). (B) The officer executing the warrant must proceed in accordance with Rule 5(a)(1). (2) Return. A warrant or summons must be returned in accordance with Rule 4(d)(5). (3) Initial Appearance.
    [Show full text]