Describe pretrial proceedings and the process of developing charges for the arraignment hearing.
Law enforcement and the prosecution are autonomous criminal justice agencies, but in most cases, they work together to determine the charges to be brought against the defendant. In some cases, the prosecutor may use the grand jury to obtain an arrest warrant rather than have the police arrest the suspect on probable cause. The Constitution requires that before trial, a defendant must be informed of the charges brought against him or her. The defendant is arraigned in a federal or state court that will have jurisdiction over the case. Prior to trial, a judge establishes the defendant’s competency to stand trial.
1. Explain what proceedings take place at an arraignment.
2. What options does a prosecutor have in modifying charges alleged by the police?
3. What happens if a defendant is deemed incompetent to stand trial?
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