Post on 16-Dec-2015
Module 2Kentucky Victim Assistance Academy
Lessons 2.0 – 2.3
1DRAFT KVAA
Identify the role of law enforcement officers Identify the role of the Prosecutor
◦ County Attorney◦ Commonwealth’s Attorney◦ Attorney General
Identify the role of the defense attorney Identify the role of the Judge
◦ District◦ Circuit
Learning Objectives 2.1:Learning Objectives 2.1:Officers of the CourtOfficers of the Court
2DRAFT KVAA
“First Responders” when a crime is reported.
Work to prevent and respond to crimes, and to protect individuals and property.
Operate at many levels◦ Local◦ County◦ State◦ Federal◦ Other (military, higher education, etc.)
Law EnforcementLaw Enforcement
3DRAFT KVAA
◦ Works on behalf of the citizens of the state generally, does not represent the victim.
◦ Decides if enough evidence is available and what crime to charge.
◦ Can negotiate charges and sentences with the defendant.
◦ Prepares and presents the case at trial.
◦ At sentencing, provides information to the judge, facilitates the victim impact statement and restitution order and makes recommendations for the sentence.
ProsecutorsProsecutors
4DRAFT KVAA
Prosecutes all violations of criminal laws within jurisdiction of the district court.◦ Exception: KRS Chapter 131
There are multiple cases that a County Attorney
takes on.
County AttorneyCounty Attorney
5DRAFT KVAA
Prosecutes all felony crimes carrying a penalty of one year or more committed by persons 18 years of age or older.◦ Occur in the judicial circuit of that prosecutor.
May also prosecute juveniles charged with felony offenses.
Responsible for presenting evidence of crimes to the grand jury.
Commonwealth’s AttorneyCommonwealth’s Attorney
6DRAFT KVAA
Concurrent jurisdiction with locally elected prosecutors to prosecute various crimes throughout the Commonwealth.
Assists or prosecutes at the request of local prosecutors in complex cases or where a conflict of interest exists.
Investigates and prosecutes Medicaid provider fraud and investigates abuse and neglect of persons in Medicaid funded facilities.
Handles appeals of most criminal convictions in the Commonwealth.
Attorney GeneralAttorney General
7DRAFT KVAA
Provides legal representation
Role is to provide zealous representation for client and to defend the client in the case.
Defense AttorneyDefense Attorney
8DRAFT KVAA
Must make fair and unbiased decisions.
Decides issues of law based on: ◦ Rules of evidence◦ Case or statutory law◦ Rules of procedure
Oversees hearings and trial process
At sentencing hearing ◦ Reviews the PSI ◦ Reviews the VIS◦ Imposes the final
sentence, including decisions related to probation.
9DRAFT KVAA
District: ◦ Misdemeanor cases◦ Preliminary hearings in felony cases
Circuit:◦ Felony cases
Trial Court JudgesTrial Court Judges
10DRAFT KVAA
11DRAFT KVAA
◦1. Explain the difference between reasonable cause and probable cause.
◦2. Explain the difference between the evidence required to make an arrest and the evidence to obtain a conviction.
◦3. Identify the different methods of initiating a criminal charge.
◦4. Explain how an arrest warrant is obtained.
12DRAFT KVAA
5. Explain the difference between a misdemeanor and felony arrest.
6. Explain the jail/booking process. 7. Identify who makes a death notification. 8. Explain how to make a death notification. 9. Identify the role of pretrial services. 10.Identify the purpose of bond. 11.Explain what occurs at initial appearance. 12.Explain the purpose of the preliminary
hearing, the participants and possible results
Learning Objectives Learning Objectives (cont.)(cont.)
13DRAFT KVAA
Violation
Misdemeanor
Felony
Types of crimesTypes of crimes
14DRAFT KVAA
Reasonable Cause Arrest - probable cause Preliminary Hearing – probable cause Indictment – sufficient evidence to support
it Conviction – Beyond a Reasonable Doubt
Standards of proofStandards of proof
15DRAFT KVAA
Complaint◦ Written statement of essential facts constituting
the offense charged, made under oath. RCr 2.02 Arrest
◦ On probable cause For felonies and specified misdemeanors
◦ With a warrant Process for obtaining warrant RCr 2.06
Indictment◦ By Grand Jury◦ Required for all felony cases
Ways to initiate a criminal Ways to initiate a criminal chargecharge
16DRAFT KVAA
Jail Booking ProcessJail Booking Process
17
Varies in length of time to complete
Once process is complete, people may call to see if the inmate is in jail
DRAFT KVAA
Interview Process Release Alternatives Pretrial Diversion Program
Pretrial ServicesPretrial Services
18DRAFT KVAA
Accused notified of ◦ Charges◦ Right to preliminary hearing or trial◦ Right to counsel◦ Right not to make a statement/statement may be
used against him/her◦ Release on personal recognizance or bail, if a
bailable offense◦ Allow opportunity to consult with counsel◦ Appoint counsel if defendant is indigent
Set next court date(RCr 3.02, RCr 3.05)
Initial AppearanceInitial Appearance
19DRAFT KVAA
If not indicted entitled to PH in felony cases (can be waived)
Hearing within 10 days if in custody, 20 days if not in custody
Witnesses can be examined/cross-examined Defendant can introduce evidence on his own
behalf Hearsay testimony is permitted.
RCr 3.10, RCr 3.14
Preliminary HearingPreliminary Hearing
20DRAFT KVAA
Judge must determine - whether there is probable cause to believe that a felony has been committed and the defendant committed it.
If probable cause is found:◦ Hold defendant to answer in circuit court◦ Commit defendant to jail, bail, release on
personal recognizance If probable cause for a felony is not found:
◦ Defendant is released from custody◦ Unless probable cause is found for misdemeanor,
then case would remain in district court for consideration of bail, release, etc.
21DRAFT KVAA
Presumption of innocence – all are eligible before conviction except for cases where death is a possible punishment
Purpose – ◦ To insure compliance with the conditions of release set by the court ◦ In DV/SA cases – to protect alleged victim and ensure reappearance in court
Considerations – ◦ Commensurate with gravity of offense; not oppressive◦ Past criminal acts◦ Reasonably anticipated conduct if released◦ Financial ability to give bail◦ Likelihood of defendant returning to court
DV/SA related cases – court can also consider◦ Threat to victim/household or family members◦ Whether reasonably likely to reappear in court
RCr 4.02, RCr 4.16, KRS 431.064
RCr 4.02, RCr 4.16, KRS 431.064
Bail/other conditions of pretrial Bail/other conditions of pretrial releaserelease
22DRAFT KVAA
Death Notification (Will cover on Death Notification (Will cover on Wednesday)Wednesday)
23DRAFT KVAA
24DRAFT KVAA
Explain the purpose of the grand jury, the participants and possible results
Explain what occurs at arraignment Explain the purpose and identify different
types of pretrial hearings Define and explain plea negotiation List the advantages of the VINE Court
Hearing Notification
Learning Objectives 2.3:Learning Objectives 2.3: Grand Jury and Pre-trial Grand Jury and Pre-trial ProceedingsProceedings
25DRAFT KVAA
12 members Decisions made by vote of at least nine (9) Prosecutor presents evidence, gives legal
advice to grand jury, drafts indictments Defendant may request to present
evidence, jury not required to hear it. Testimony must be recorded
Grand JuryGrand Jury
26DRAFT KVAA
Only certain persons allowed for proceedings.
Only jurors can be present during deliberations.
Proceedings/testimonies are confidential
Defendant is entitled to transcript
Grand JuryGrand Jury
27DRAFT KVAA
Indictment can be returned
No indictment
Failure to indict does not prohibit the charge from being resubmitted to another grand jury.
RCr 5.08, RCr 5.14, RCr 5.16, RCr 5.18, RCr 5.20, RCr 5.22, RCr 5.24, KRS 29A.200
Possible Grand Jury Possible Grand Jury Results Results
28DRAFT KVAA
Activity: Grand Jury Activity: Grand Jury ProcessProcess
29DRAFT KVAA
Occurs after Indictment
In open court
Read charge(s)
Ask defendant to plead
RCr 8.01. RCr 8.02
Initial Appearance and/or Initial Appearance and/or ArraignmentArraignment
30DRAFT KVAA
Pretrial HearingsPretrial Hearings Guilty plea discussions
Obtain a trial date
Hearings on legal issues such as:◦ Competency◦ Search and Seizure◦ 5th Amendment
statements◦ Status Hearings◦ Rape Shield – KRE 412◦ Other acts evidence –
KRE 404(b)
31DRAFT KVAA
Can occur at any time Victim should be consulted Prosecutor ultimately makes the decision
Guilty plea (except Alford) admits guilt/all the elements of the crime charged
Guilty plea waives appeals unless the plea is conditional
Plea NegotiationPlea Negotiation
32DRAFT KVAA
Victim Notification
VINE Court HearingVINE Court Hearing
33DRAFT KVAA
Questions?
34DRAFT KVAA
This Instructor Manual was produced by the Justice and Public Safety Cabinet and Western Kentucky University under 2011VFGXK004, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this Instructor Manual are those of the contributors and do not necessarily represent the official position or policies of the U.S. Department of Justice.
DRAFT KVAA 35