Chapter Five
Pretrial Proceedings
No person shall be held to answer for a Capital, or otherwise infamous crime, unless
on a presentment or indictment of a Grand Jury. . . .
— US Constitution, Amendment V, 1791
KEY WORDS
Key terms to understand for this chapter…
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Former Acquittal
Grand Jury
Indictment
Nolo Contendere
Preliminary Hearing
Right of Discovery
Transactional Immunity
Use and Derivate Immunity
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
OBJECTIVES
After completing this chapter, you should be able to…
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Explain functions & purposes of a preliminary hearing.
Discuss the duties of a grand jury.
List and describe the types of witness immunity.
Understand the functions of a medical examiner.
Explain what occurs at an arraignment.
Describe the history of the grand jury.
Explain the differences between a grand jury and a
preliminary hearing in charging an accused.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Preliminary Hearing
• Many states use a preliminary hearing or examination
in lieu of a grand jury.
• A magistrate decides if adequate cause exists to require
an accused to stand trial for the offense or offenses.
Andrea Yates enters
the 230th District Court
in Houston with attorney
George Parnham (L) for
arraignment on multiple
counts of capital murder
in the drowning deaths
of her five children,
August 8, 2001.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
– at a preliminary hearing, the
prosecuting attorney presents
evidence against the accused
– a defendant may waive a
preliminary hearing in most
jurisdictions
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Preliminary Hearing
• At a hearing, a prosecuting attorney presents evidence
against the accused, which may consist of witnesses
and physical evidence deemed appropriate.
– in most states, formal rules of evidence do not apply
• Most jurisdictions allow hearsay evidence, in the form
of statements to police, to be considered in determining
sufficient evidence to hold a defendant for trial.
• After the prosecution, the defense may present a case.
• In most states, if there is a grand jury indictment, no
preliminary hearing is required.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Preliminary Hearing
Bound Over for Trial
• If evidence presented establishes probable cause, the
magistrate will bind the defendant over for trial.
• If the evidence supports only a misdemeanor charge,
the magistrate will reduce the charges.
– in some states a magistrate has authority to handle
the misdemeanor
• In some states, if the defendant pleads guilty, the
magistrate has authority to accept the plea.
– he/she then forwards the case to trial court for sentencing
• If the magistrate determines probable cause does not
exist, he/she will dismiss the charges.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Preliminary Hearing
Waiver of Preliminary Hearing
• Although a safeguard for the benefit of the defendant,
he/she may waive it if he/she so desires, and in most
jurisdictions, agreed by prosecuting attorney & judge.
• There are advantages and disadvantages to both the
defendant and the prosecution in the waiver.
– if a defendant is unable to make bail, waiver results
in an earlier trial date being set
– by demanding a hearing, a defendant might bring about a
dismissal of the charge and his or her release from custody
– a waiver limits the charges against the defendant to those
existing in the complaint at the time of the waiver
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Preliminary Hearing
Waiver of Preliminary Hearing
• While the grand jury was established to safeguard the
accused, the system has attacked by defendants.
– some professionals contend a preliminary hearing better
fulfills Due Process of the Fourteenth Amendment
• Generally, the courts have held that either the grand
jury hearing or the preliminary hearing system may
be adopted by the states
– and both satisfy the due process of law requirement
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Arraignment
• When an indictment is returned or an information filed
with the court, the accused will be
arraigned.
– if the accused was not arrested
before the indictment, this
arraignment may be the
initial appearance
Cincinnati police officers block the entrance to the Contemporary
Arts Center where photographs by the late Robert Mapplethorpe
are on exhibit.
A grand jury returned indictments on two first-degree misdemeanor
counts each of pandering obscenity and illegally using a minor in
nudity-oriented material.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Arraignment
Entering a Plea
• Depending upon the jurisdiction, the defendant may
enter any one or more of the following pleas:
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guilty or not guilty
nolo contendere
not guilty by reason of insanity
former jeopardy
former judgment of acquittal or conviction
• Generally, law provides that if a defendant does not
plead not guilty by reason of insanity, he/she shall be
conclusively presumed to have been sane at the time
the crime was committed.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Arraignment
Guilty Plea
• At one time, it was thought justice was accomplished
only by trial, and guilty pleas were not permitted.
• A plea of guilty is more than a confession that admits
the accused did various acts; it is itself a conviction.
– the plea of guilty cannot be accepted lightly by a judge
• Generally, in felony cases, a guilty plea must be made
by the defendant in open court, orally or in writing.
• In lesser offenses (misdemeanors and infractions), most
states allow counsel to enter guilty pleas on behalf of
their clients in open court and on the record.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Arraignment
Guilty Plea
• In lesser offenses (misdemeanors and infractions), most
states allow counsel to enter guilty pleas on behalf of
their clients in open court and on the record.
• In accordance with Boykin v. Alabama, before a judge
may accept a guilty plea to any charge, the defendant
must be informed of the significance of the guilty plea.
• After a plea of guilty is accepted, the next step is to
sentence the defendant.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Arraignment
Withdrawal of Guilty Plea
• In most jurisdictions, a defendant, upon showing a
good cause, may withdraw a guilty plea and enter one
of the other pleas at any time before sentencing.
• The request of a defendant to withdraw a guilty plea is
not taken lightly, as it could inconvenience witnesses,
crowd court calendars, and cause additional expense.
• In a few jurisdictions, if the defendant was not
represented by counsel, the judge must permit the
defendant to withdraw the guilty plea on good cause.
– a problem is determining what is considered good cause
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Arraignment
Not Guilty Plea
• When a plea of not guilty is entered by the defendant,
the case will start proceeding toward a trial.
– if to a misdemeanor charge, the case may be set immediately
for trial, in most instances in the minor court
• If the not guilty plea is to a felony charge, further
proceedings must take place before the case can be
set for trial in superior or district court
– to protect the accused from being held for trial without
sufficient cause
• Most jurisdictions permit a defendant to withdraw a not
guilty plea & enter a guilty plea any time during trial.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Arraignment
Not Guilty Plea
• Occasionally, a defendant will refuse to enter any plea
and stand mute before the court.
• History reveals that when this behavior occurred in
early common law, the defendant was subjected to
cruel treatement until he/she died or entered a plea.
• In later years, a more humane procedure was followed,
and the silence was treated as a guilty plea.
• Today, if the defendant refuses to plead, a plea of not
guilty is entered for him/her, followed by a trial.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Arraignment
nolo contendere
• A plea of nolo contendere, — “I will not contest it” or
“no contest”— is essentially equivalent to a guilty plea.
– in some states, known as non volt contendere, sometimes
abbreviated as non volt
• The judge must inform the defendant of those rights
that he/she is entitled to & those waived by such a plea.
• In some jurisdictions, the nolo contendere plea may not
be used against the defendant in a civil matter.
– because the defendant has not admitted guilt
• Not all states permit a nolo contendere plea to be
entered by a defendant.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Arraignment
Not Guilty by Reason of Insanity
• In a plea of not guilty by reason of insanity, the
defendant is admitting commission of the act, but the
alleges that he/she cannot be held responsible because
he/she was not sane at the time the act was committed.
– the whole issue of the ensuing trial is whether the defendant
was sane or insane at the time the crime was committed
• Most states provide that if the defendant enters this
plea, he/she has the burden of proof.
– a few hold that burden of proof still rests with the prosecution
• If the defendant is found to have been sane at the time
the only procedure to follow is sentencing.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Arraignment
Plea of Once in Jeopardy
• The guarantee against being placed twice in jeopardy is
of ancient origin, found in procedures of early Greek
and Roman jurisprudence
– established in common law of England
– brought to this country by the colonists
• The guarantee is embodied in the Fifth Amendment to
the US Constitution and the laws of all the states.
• The guarantee provides that no person shall be placed in
jeopardy of his or her life or liberty more than once for
the same offense.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Arraignment
Plea of Once in Jeopardy
• If it were not for this guarantee against double jeopardy,
an accused could be tried and retried until found guilty.
– or retried if it was felt the sentence was not severe enough
• Many are under the impression that an accused cannot
be tried twice for the same offense, not always the case.
• Generally, if a defendant is acquitted of a crime, he/she
cannot be tried again for that particular offense.
– there are situations in which a defendant may be tried two
or more times for the same offense
• Upon appeal, the defendant is in a sense waiving his or
her guarantee against double jeopardy.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Arraignment
Plea of Once in Jeopardy - Crist v. Bretz
• It has been held that if the jury cannot arrive at a verdict,
the case may be retried by a different jury without
violation of the double jeopardy right.
• The determination of when an accused has been placed
in jeopardy involves complications.
• The Supreme Court settled the problem in Crist v. Bretz:
– “…the federal rule that jeopardy attaches when the jury is
empaneled and sworn is an integral part of the constitutional
guarantee against double jeopardy.”
• The Court indicated that a court trial (trial by the judge
without a jury) begins when the first witness is sworn.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Arraignment
Former Judgment of Conviction/Aquittal
• The plea of former conviction or former acquittal is
not included in the statutes of all states.
• If a defendant breaks both state & federal law, he/she
could be prosecuted by state or federal governments.
• The question of being prosecuted by both without a
violation of double jeopardy guarantee was answered
in the case of US v. Lanza, reiterated in Abbate v. US.
– the Court concluded a defendant could be tried by both
• Once jeopardy has attached, a prosecutor may not file
new, different charges based on the same conduct.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Grand Jury
• A grand jury is a group of persons
representing a cross section of a
community
• Their primary purpose is to hear
certain types of criminal accusations
– to determine whether there are sufficient
facts to hold an accused for trial.
Former Enron Corporation chief executive Jeff Skilling is escorted into the Federal Courthouse in
Houston, February 19, 2004.
Skilling surrendered to the FBI to face indictment by a federal grand jury for his part in the collapse of
the former energy trading giant.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Grand Jury
• The Magna Charta provided that no freeman was to be
seized & imprisoned except by judgment of peers.
• Accusation had to be presented to a council to
determine if a charge was well founded.
– this group, up to 23 persons, became known as a grand jury
• Approximately one-half of the states hold that all
felonies must be presented to a grand jury.
• Remaining states provide that accusation may be
presented in the form of a preliminary hearing
– in lieu of grand jury action
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Grand Jury
Wood v. Georgia
• The US Supreme Court, in Wood v. Georgia:
– “Historically, this body [the grand jury] has been regarded
as a primary security to the innocent against hasty, malicious
and oppressive persecution; it serves the invaluable function
in our society of standing between the accuser and the
accused, whether the latter be an individual, minority group,
or other, to determine whether a charge is founded upon
reason or was dictated by an intimidating power or by malice
and personal ill will.”
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Grand Jury
Selection & Qualification of Grand Jurors
• Selection of grand jurors varies from state to state.
• In some states, selection is random, often using voter
lists, in others, judges of the county will furnish to the
clerk the names of prospective jurors.
• Following the common law tradition, grand juries in
this country vary from sixteen to twenty-three persons.
• They are usually selected at the beginning of the
calendar or fiscal year and generally serve for one year.
• Qualifications necessary to serve on the grand jury are
very similar to those of a petit jury.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Grand Jury
Indictment
• Prior to grand jury hearings,
the prosecuting attorney will
prepare a formal document
setting forth charges against
the accused.
• Known as an indictment, it sets
forth the name of the accused,
the alleged crime, date/place
of the alleged crime, and a few
pertinent facts about the crime.
Copy of Michael Jackson’s
Grand Jury Indictment.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Grand Jury
Indictment
• The indictment serves several purposes.
– it informs the grand jury of the charge about which they
will receive evidence during the hearing
– if the jurors vote in favor of holding the accused for trial,
the foreperson will sign, or, “endorse the indictment”
– if the accused is not in custody, the indictment will enable
the judge to issue a warrant of arrest
– the indictment is an accusatory pleading and sets the trial in
motion in the superior court
– the indictment informs the defendant of the charge(s) against
which he/she must defend himself or herself
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Grand Jury
Hearings
• The frequency with which the grand jury meets
depends upon the number of charges to be heard.
• Although the grand jury may call a hearing on its own,
members usually meet at the request of the prosecutor.
• The grand jury meets in closed hearings, and the
procedure is secret.
• Jury members will question witnesses and receive the
evidence deemed pertinent by the prosecuting attorney.
• A court reporter is usually present to record testimony.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Grand Jury
Hearings
• After hearing witnesses & receiving evidence, the
jurors will deliberate, and vote to determine whether
there are sufficient facts to believe a crime has been
committed, and whether the accused committed it.
• They do not have to believe beyond a reasonable doubt
as to guilt; they require only sufficient probable cause
to believe that the accused is guilty of the act.
• If the required number does not vote in favor of
holding the accused for trial, the foreperson will so
designate on the indictment.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Grand Jury
Hearings
• The defendant is not entitled to be present during a
grand jury hearing.
• The grand jurors have the authority to call additional
witnesses, including the accused.
• The accused does not have to answer any questions that
might subject him/her to punishment.
• If a grand jury fails to hold the accused for trial, most
states permit the indictment to be submitted to a
different grand jury.
– some states have statutory regulations prohibiting this
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Grand Jury
Secret Indictment
• If the defendant is not in custody at the time of
indictment, a warrant of arrest will be issued.
• No public record is made of the indictment & warrant,
so the defendant will not be alerted and making his/her
location & apprehension more difficult.
• The indictment in this case is referred
to as a secret indictment or sealed
indictment.
Rap artist Tupac Shakur, surrounded by his entourage, leaves New York’s
Criminal Court building after pleading not guilty to sodomy charges.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Grand Jury
Open Hearings
• Frequently, a grand jury is called on to investigate and
hold hearings concerning alleged acts of misconduct by
public officials.
• In these situations, most jurisdictions permit the
hearing to be open to the public when it is believed to
be in the best interest of justice.
• To hold an open hearing usually requires that a request
be made to the presiding judge by the prosecuting
attorney and by the foreperson of the grand jury.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Grand Jury
Dismissal of Indictment
• Prosecution does not necessarily follow an indictment
by a grand jury.
• In many jurisdictions, the prosecuting attorney is
permitted to dismiss the indictment, in a procedure
referred to as a “nolle prosequi action.”
– a formal entry on the record of the case stating that no
further prosecutive action will be taken in the matter
• Other jurisdictions hold that only the presiding judge
may dismiss the indictment.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Grand Jury
Other Functions
• In many states, the sole function of the grand jury is to
hold hearings on criminal charges.
• In a few states, the grand jury performs other functions,
such as investigating public expenditures.
• It may also inspect jails, prisons & mental institutions
within its jurisdiction to determine if these facilities
are complying with safety and health regulations.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Grand Jury
Criticism of the System
• It has been alleged the grand jury is merely a rubber
stamp of the prosecuting attorney.
• Another allegation is that the grand jury is not
representative of the peers of the accused
• Those advocating retention of the grand jury system in
often quote Justice Harlan’s dissenting opinion in the
Hurtado v. California.
– “…nothing stands between the citizen and prosecution for
his life, except the judgment of a justice of the peace [in a
preliminary hearing]”
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Grants of Immunity for Witnesses
• The government may compel testimony of a witness
if he/she has been granted immunity.
– with immunity, testimony is not self-incriminating
• There are two types of immunity:
– transactional and use & derivative use
• With transactional immunity, a witness cannot be
prosecuted for the transaction about which the witness
was compelled to testify.
• Failure to provide information about a crime may make
the witness an accessory after the fact to the crime.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Grants of Immunity for Witnesses
• Use & derivative use immunity restricts the
government from using the testimony or any other
information obtained directly or indirectly from the
testimony.
• The government may prosecute a person who has use
and derivative use immunity.
– as long as the government establishes the evidence it offers
at trial was derived from a legitimate independent source
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Medical Examiner
• A coroner should go to the place where any person is
slain or suddenly dead or wounded …and the coroner
should inquire into the manner of the killing.
[Jarvis on Coroners, 1829]
Chief Forensic Anthropologist & author Kathy
Reichs handling a skull in office of the Chief
Medical Examiner, North Carolina.
The TV series Bones is based on her books.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Medical Examiner
• The primary function of the coroner is to investigate
the cause of certain deaths within the county.
– in most jurisdictions, a medical
examiner replaces the coroner
• The coroner came into being
in England, traced as far back
as 1194, and was a direct
representative of the king
– the crown or corona,
thus coroner
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
Sign points the way to the Los Angeles
County Chief Medical Examiner’s office,
Los Angeles, CA.
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Medical Examiner
• Coroners were elected by the king’s judges. Their
responsibility was to keep records on all that went
on in the county.
– as it concerned administration of justice and
guard revenues that might come to the king
• At the beginning of the thirteenth century, coroners
began to investigate all sudden deaths in their
jurisdiction to determine if they by criminal means.
• It was thought that since the sheriff was responsible
only to the people of the county, the sheriff might be
hesitant to bring the offender to trial.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Medical Examiner
Duties
• Over time, with the king no longer able to confiscate a
felon’s property, the coroner should have disappeared.
– the coroner had become so entrenched in the judicial
process the office was carried from England to the US
• The coroner is a part of most county governments with
duties deviating greatly from those first performed.
• The duty & right of the coroner is to inquire into and
determine circumstances, manner, and cause of all
violent, sudden, and unusual deaths.
– any law officer, physician, funeral director, or other person
knowing of such death is required to report it to the coroner
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Medical Examiner
Duties
• If cause of death cannot be readily determined, the
coroner has the authority to take possession of the
deceased body, to have an autopsy performed, and to
conduct such investigation
as may be necessary to assist
in determining cause of death.
• The coroner also may hold
an inquest to determine name
of the deceased; time, place
& medical cause of the death.
Medical examiners work on a dissected corpse
laid on an examination table in a morgue.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Medical Examiner
Selection and Qualifications
• In some jurisdictions, the medical examiner or coroner
is appointed by the county governing body
– in other places, he/she is elected by the people of the county
• In most jurisdictions there is no requirement that the
coroner be medically trained.
– in such case, the coroner will have to rely upon a physician
to perform the autopsies
• In some jurisdictions, the sheriff is permitted to act in
the capacity of coroner as well as that of sheriff.
• The law states that the coroner will act as the sheriff,
should the sheriff be unable to perform his/her duties.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Medical Examiner
Selection and Qualifications
• Though the coroner may not function as a sheriff, the
coroner has the status of a peace officer in many states.
• The medical examiner or coroner is often required to
take custody of the personal property in the immediate
possession of the deceased.
• This usually includes property on the person of the
deceased, but also include taking precautions to see
that property in a residence is secured.
• The property is then released to the legal representative
of the deceased when that person is determined.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
SUMMARY
Important topics for this chapter…
• During arraignment, the defendant is given the
opportunity to enter a plea to the charge alleged in the
complaint.
• At one time, defendants could not enter a guilty plea
based on the belief that the only way justice could be
accomplished was by a trial.
• Many states use a preliminary hearing in lieu of a
grand jury.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
SUMMARY
(cont.)
Important topics for this chapter…
• The purpose of a preliminary hearing is to determine if
there is sufficient evidence to hold the accused for trial.
• Inadmissible evidence may be used in the preliminary
hearing in most states.
• If the magistrate determines that there is sufficient
evidence, the accused is bound over for trial.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
SUMMARY
(cont.)
Important topics for this chapter…
• The grand jury system was established to safeguard the
accused, but the system has been under attack by some
attorneys and charged with being a tool for the
prosecutor.
• When an indictment is returned or an information is
filed with the trial court, the accused will be arraigned
upon the accusatory pleadings.
• In most jurisdictions, the defendant may withdraw a
guilty plea upon a showing of good cause.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
SUMMARY
(cont.)
Important topics for this chapter…
• Before a guilty plea is accepted by the court, the judge
must advise the accused of his or her rights as required
by the Boykin v. Alabama decision.
• A defendant does not have a constitutional right to have
his or her guilty plea accepted by the court.
• A plea of nolo contendere means that the defendant
does not contest the charge. Some courts do not accept
nolo contendere pleas.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
SUMMARY
(cont.)
Important topics for this chapter…
• Whether a defendant may enter a plea of not guilty by
reason of insanity depends on the law of the state
involved.
• The defendant is required to assert a plea of double
jeopardy or it will be waived.
• A grand jury's primary purpose is to hear criminal
accusations in order to determine whether there are
sufficient facts to hold the accused for trial.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
SUMMARY
(cont.)
Important topics for this chapter…
• A grand jury may also investigate public agencies and
public officers.
• Grand jury hearings are not open to the public.
Procedures in the Justice System, Ninth Edition
By Cliff Roberson, Harvey Wallace, and Gilbert Stuckey
© 2010 Pearson Higher Education, Inc.
Pearson Prentice Hall - Upper Saddle River, NJ 07458
Chapter End