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Thursday 19 May 2011

USA

Dominique Strauss-Kahn: how the New York criminal justice system works

International Monetary Fund Managing Director Dominique Strauss-Kahn has been arrested on suspicion of sexually assaulting a New York hotel maid. Here are the typical steps in the New York state criminal justice system:

Dominique Strauss-Kahn: minister doesn't rule out 'set up'
Dominique Strauss-Kahn's lawyers said he would deny all the accusations and plead not guilty Photo: AFP/GETTY

ARRAIGNMENT

An arraignment is a defendant's first appearance in court and includes a formal reading of the charges. Typically this happens within 24 hours of arrest. The defendant enters a plea of guilty or not guilty.

The charges against Dominique Strauss-Kahn include a criminal sexual act, unlawful imprisonment and attempted rape. His lawyer has said he will plead not guilty.

BAIL

During the arraignment, the presiding judge hears arguments on the terms of bail, in which defendants typically post a monetary bond. Prosecutors can request travel restrictions such as surrender of a passport or electronic monitoring. Defence lawyers could argue that Mr Strauss-Kahn's international reputation merits less stringent rules.

For defendants with the means and motive to leave town, judges in New York have sometimes ordered unconventional arrangements. In 2009, a federal judge ordered armed guards to move into the apartment of Marc Dreier, who was accused of fraud. The judge ordered the guards, who were paid for by Mr Dreier, to use ``reasonable force'' if he tried to escape.

GRAND JURY

After a not guilty plea, prosecutors from the Manhattan District Attorney's office present preliminary evidence behind closed doors to a 23-person grand jury.

If the grand jury finds enough evidence, it will approve and release an indictment, which formally lists the charges Mr Strauss-Kahn faces.

Grand jury votes do not have to be unanimous; only a majority is needed. A grand jury can also vote to dismiss the indictment.

TRIAL COURT

If Mr Strauss-Kahn is indicted, his case would proceed to New York State Supreme Court, New York County. Lawyers for both sides begin preparing for trial, submitting motions and setting the grounds for either a guilty plea, motion for dismissal or trial.

Relatively few criminal charges wind up in a trial. Of more than 300,000 criminal cases in New York City in 2009, fewer than 500 went to trial and only 258 ended in convictions. If Mr Strauss-Kahn does not enter into a plea bargain and the judge refuses attempts to dismiss the case, his case would eventually go before a jury.

If convicted of attempted rape, he could face a prison sentence of between 15 and 20 years under New York state law.