PA 241 TEST WITH CORRECT
SOLUTION
Judge - ANSWER Senior officer within the Court:
Duties: -- Safeguarding rights of accused and society
Appropriateness of conduct within court
Settles question of evidence and procedure
Instructs and supervises jury
Selection:
Popular vote or political appointment (too political)
Missouri or Merit plan: governor comm., bar comm., elected review board., etc.
Referendum or Plebiscite
Richardson case:
Actions of judge --- Early rulings
Demeanor toward lawyers and defendant
Judge uses religious book as rehab
Process of the Pretrial - ANSWER Booking:
Is not required in either felonies or misdemeanor.
Following arrest, photo, fingerprint, and list all distinguishing marks.
Police list the possible criminal charges
Interviews may occur before or after
Police compile information into a complaint
Richardson booking:
Anything unique?
Accused held in custody - ANSWER Initial appearance: (McNabb v. U.S., 1943)
, Timeliness (Riverside County v. McLauglin, '91)
Judge advises defendant of charges
Assigns counsel if not yet retained
Evaluates indigence
Sets date for next hearing
Decides whether to release or hold
One of most significant issues for Phillips, WHY?
Defendant can't reclaim time behind bars
Irony is presumption of innocence
Statistics indicate that those held are more likely to be found guilty and receive longer
sentences
Bail/Release - ANSWER 8th Amendment: "...excessive bail shall not be required..."
Stack v. Boyle (1951) alien regis. act, 12 def. $2,500---$100,000. Lawyer appealed to
judge. All 12 $50K. "Bail is excessive when it exceeds amount to ensure defendant will
return for trial."
Carlson v. Landon (1952) alien communists, await deportation. No bail granted. "No
constitutional right to bail"
Criteria varies: reputation, mental condition, employ/finances, family ties/length
residence, criminal record, prior record of appearance, weight of evidence,
seriousness sent.
Bail #2 - ANSWER Typically, about 85% receive bail.
Of those, 15% FTA; 15% new crimes occur
Additionally, problem of Bail Bonds Indus.
External person deciding release
10% bonds, property bonds, etc.
Courts rarely collect on proportional bonds
Manhattan Bail Project (1961)
Created ROR (release on recognizance)
4X as many indiv. released compared w/bail
SOLUTION
Judge - ANSWER Senior officer within the Court:
Duties: -- Safeguarding rights of accused and society
Appropriateness of conduct within court
Settles question of evidence and procedure
Instructs and supervises jury
Selection:
Popular vote or political appointment (too political)
Missouri or Merit plan: governor comm., bar comm., elected review board., etc.
Referendum or Plebiscite
Richardson case:
Actions of judge --- Early rulings
Demeanor toward lawyers and defendant
Judge uses religious book as rehab
Process of the Pretrial - ANSWER Booking:
Is not required in either felonies or misdemeanor.
Following arrest, photo, fingerprint, and list all distinguishing marks.
Police list the possible criminal charges
Interviews may occur before or after
Police compile information into a complaint
Richardson booking:
Anything unique?
Accused held in custody - ANSWER Initial appearance: (McNabb v. U.S., 1943)
, Timeliness (Riverside County v. McLauglin, '91)
Judge advises defendant of charges
Assigns counsel if not yet retained
Evaluates indigence
Sets date for next hearing
Decides whether to release or hold
One of most significant issues for Phillips, WHY?
Defendant can't reclaim time behind bars
Irony is presumption of innocence
Statistics indicate that those held are more likely to be found guilty and receive longer
sentences
Bail/Release - ANSWER 8th Amendment: "...excessive bail shall not be required..."
Stack v. Boyle (1951) alien regis. act, 12 def. $2,500---$100,000. Lawyer appealed to
judge. All 12 $50K. "Bail is excessive when it exceeds amount to ensure defendant will
return for trial."
Carlson v. Landon (1952) alien communists, await deportation. No bail granted. "No
constitutional right to bail"
Criteria varies: reputation, mental condition, employ/finances, family ties/length
residence, criminal record, prior record of appearance, weight of evidence,
seriousness sent.
Bail #2 - ANSWER Typically, about 85% receive bail.
Of those, 15% FTA; 15% new crimes occur
Additionally, problem of Bail Bonds Indus.
External person deciding release
10% bonds, property bonds, etc.
Courts rarely collect on proportional bonds
Manhattan Bail Project (1961)
Created ROR (release on recognizance)
4X as many indiv. released compared w/bail
