How do you process the charge results when you have more than one resolution of the charges on the case, i.e., retrial of some charges after a hung jury verdict?

The Statistical Manual states that the last set of charges on the SCOMIS Charge screen should report the results of the final charges for a case.  Those charge results are carried over to the DCH/ICH screens in JIS and JABS.  Therefore, it is important that the final results displayed on the Charge Screen show the complete picture of all of the charges adjudicated in that case.  The following scenario is an example of how this would look in SCOMIS.

Scenario:  A criminal case with three charges goes to trial.  The jury returns a guilty verdict on one charge and is hung on the remaining two charges.  The prosecutor will proceed to a second jury trial on the remaining two charges.

Between the time of the first jury verdict and the second jury verdict, the Charge screen should display the charge results for the decision of the first jury.  Use the AMEND CHARGE command to make the entry.

Image 1 - Charge Screen after initial verdict

When the jury verdict is returned in the second trial, the Charge screen would be amended again to enter the Result Codes for the charges adjudicated in that trial.  These results would be temporary until the judgment and sentence is signed because these charge results do not account for a complete picture of all of the charges for the case.

Image 2 - Charge Screen after second verdict

Amend the Charge screen for the final time to reflect all of the charges contained in the judgment and sentence when it is signed and entered by the court.  Remove the prior Result Codes and Result Dates, and re-enter those results and corresponding dates for each charge included on the judgment and sentence.

Image 3 - Charge Screen after J & S

The Docket screen would reflect the decisions of each of the verdict forms signed by the forepersons, the chronological narrative of the process of the case, and the various charge iterations.  Between the Charge Screen and the Docket Screen, there would be a clear record of the case.

The Defendant Case History (DCH) and Individual Case History (ICH) will accurately display the results of all of the charges adjudicated in the case if they are included in the final set of charges on the Charge screen.

Image 4 - ICH and Charge Screen information in JABS


RN id: 2238