Procedures Before Trial
| Author | Frank J. Remington,Frank W. Miller |
| DOI | 10.1177/000271626233900109 |
| Published date | 01 January 1962 |
| Date | 01 January 1962 |
| Subject Matter | Articles |
111
Procedures
Before
Trial
By
FRANK
W.
MILLER
and
FRANK
J.
REMINGTON
Frank
W.
Miller,
St.
Louis,
Missouri,
is
Professor
of
Law,
Washington
University.
He
previously
taught
at
the
universities
of
Arkansas
and
Wisconsin
and
at
Stetson
Uni-
versity.
He
is
currently
engaged
in
the
Analysis
Phase
of
the
American
Bar
Foundation’s
Administration
of
Criminal
Justice
Survey.
He
is
coauthor
with
Arno
C.
Becht
of
The
Test
of
Factual
Causation
in
Negligence
and
Strict
Liability
Cases
and
a
contributor
to
legal
periodicals.
Frank
J.
Remington,
Madison,
Wisconsin,
is
Professor
of
Law,
University of
Wis-
consin.
He
is
Special
Consultant
and
member
of
the
Advisory
Committee
for
the
American
Law
Institute’s
Model
Penal
Code,
Project
Director
of
the
American
Bar
Foundation’s
Survey
of
the
Administration
of
Criminal
Justice,
and
Member
of
the
United
States
Supreme
Court’s
Advisory
Committee
on
the
Rules
of
Criminal
Procedure.
He
has
been
associated
with
the
new
Wisconsin
Criminal
Code.
ABSTRACT:
The
arrest
of
a
suspected
offender
is
the
first
official
action
in
a
criminal
case.
Then,
the
prosecuting
at-
torney
must
decide
whether
to
charge
or
not.
For
borderline
business
misconduct,
default
of
family
obligations,
or
similar
offenses,
except
with
habitual
offenders,
a
settlement
is
sought
rather
than
prosecution.
The
prosecuting
attorney
must
deter-
mine
whether
to
charge
the
most
serious
offense
for
which
the
evidence
will
support
a
finding
of
probable
cause.
With
the
multiple
offender,
it
must
be
decided
whether
to
prosecute
for
one
or
all
of
the
offenses
committed
and,
if
the
latter,
whether
to
prosecute
once
or
successively.
Usually,
the
willingness
of
the
offender
to
plead
guilty
is
taken
into
account
in
deciding
upon
a
charge
and,
sometimes,
in
fixing
sentence
later.
A
complaint
sworn
to
by
a
private
complainant
or
by
the
police
officer
and
a
warrant
issued
by
a
magistrate
are
the
documents
representative
of
the
decision
to
charge.
All
suspects
must
be
brought
promptly
before
a
magistrate
to
hear
the
reading
of
the
warrant.
Minor
offenses
triable
by
a
magistrate
may
be
tried
summarily.
For
more
serious
offenses,
a
preliminary
examination
will
be
scheduled,
if
the
suspect
desires,
and
bail
will
be
set.
Where
a
grand
jury
is
used,
it
performs
the
same
function
as
the
preliminary
examination.
If
the
preliminary
examination
or
the
grand
jury
finds
probable
cause
to
believe
the
suspect
guilty,
the
suspect
is
bound
over
to
a
court
of
trial
jurisdiction.—Ed.
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