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Criminal Procedure
John Marshall Law School, Chicago
O'Neill, Timothy P.

Criminal Procedure
Professor O’Neill

Fall 2004

I. Overview of Criminal Justice System
a. Steps in the Criminal Process
i. The Reported Crime
ii. Pre-arrest Investigation
1. On-scene arrests
a. Substantial % of arrests for a wide range of crimes are of the “on-scene variety”
b. Based on officer’s own observation or on the direction of a witness who witnessed the crime
2. Reactive investigations
a. Involves determining whether there actually was a crime committed
b. If so, determining who committed the crime,
c. Collecting evidence of that person’s guilt
d. Locating offender to be taken into custody
e. Proactive investigations
f. Aimed at uncovering criminal activity that is not specifically known to the police
iii. Prosecutorial Investigations
1. Grand jury investigations
2. Subpoena authority
iv. Arrest
v. Booking
vi. Post-Arrest Investigation
vii. The Decision to Charge
1. General rule you have to be before judge within 48 hours
2. 4 part process
a. the decision of the arresting officer to arrest the suspect
b. the police review of that decision prior to filing charges
c. possible prosecutorial review prior to filing; and
d. ongoing prosecutorial review after the filing
3. Prosecutor rejection not to charge may be for the following reasons:
a. insufficient evidence
b. witness difficulties
c. due process problems
d. adequate disposition will be provided by other criminal proceedings
e. the interests of justice
f. anticipated use of a diversion program
4. Filing the Complaint
a. Two major ways of charging somebody
i. Grand jury-group of citizens/Indictment. Ex parte proceeding. Opportunity for prosecutor to present case. Do in

Hearing
xi. Grand Jury Review
xii. The Filing of the Indictment or Information
xiii. Arraignment on the Information or Indictment
1. Arraignment: somebody has been warned that there is charge against him. Usually waive reading of indictment. Attorney should be present
2. At arraignment you enter plea guilty or not guilty
xiv. Pre-Trial Motions
1. Pre-trial motions become very important. 725 ILCS Sec. 114 deals with pre-trial motions:
a. Motion to dismiss
b. Motion to continuance
c. Motion to change venue
d. Motion to substitution of judge
e. Motion to join crimes
f. Motion to severe the D’s
g. ***Motion to suppress confessions
***Motion to suppress evidence