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

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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

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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

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Provides legal representation

Role is to provide zealous representation for client and to defend the client in the case.

Defense AttorneyDefense Attorney

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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.

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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.)

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Violation

Misdemeanor

Felony

Types of crimesTypes of crimes

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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

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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

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Jail Booking ProcessJail Booking Process

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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

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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

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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

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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

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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.

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