Transcript Introduction to Criminal Justice After this lecture you

Procedures in the Justice System, 10th Edition
Chapter 5
The Charging
Function
Class Name,
Instructor Name
Date, Semester
Explain
CHAPTER AGENDA
5.1
Explain the purpose and process of the preliminary
hearing
5.2
Explain the purpose, functions, and powers of a grand
jury
5.3
Summarize the arraignment process
5.4
Explain the functions and purposes of a preliminary
hearing
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
CHAPTER AGENDA
5.5
Discuss the duties of a grand jury
5.6
List and describe the types of witness immunity
5.7
Describe the history of the grand jury
5.8
Explain the differences between a grand jury and a
preliminary hearing in charging the accused
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
CHAPTER AGENDA
5.9
Outline the elements of a valid guilty plea
5.10
Define the terms related to the pretrail process
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
5.1
Explain the purpose and process of the
preliminary hearing
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
5.2
Explain the purpose, functions, and
powers of a grand jury
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
5.2
“No person shall be held to answer for a
capital, or otherwise infamous crime, unless on
a presentment or indictment of a grand jury.”
The Fifth Amendment
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
5.3
Summarize the arraignment process
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
5.3
The Arraignment Process
Notice
of
Charges
Enter
a Plea
Conditions
of
Release
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
Future
Court
Date
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
5.4
Explain the functions and purposes of a
preliminary hearing
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
5.4
Selecting a
Grand Jury
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
5.5
Describe the duties of the grand jury
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
5.5
Investigative
Grants of
Immunity
Findings of
Contempt
Subpoenas
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
5.5
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
5.6
List and describe the types of witness
immunity
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
5.7
Describe the history of the grand jury
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
5.8
Explain the differences between a
grand jury and a preliminary hearing in
charging an accused
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
5.8
Indictment
Required
Indictment
Required Only in
Capital and Life
Imprisonment
Cases
Indictment
Not Required
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
5.9
Outline the elements of a valid guilty
plea
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
5.10
Define terms related to the pretrial
process
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
5.10
Key Terms In The Pretrial Process
•
•
•
•
•
•
•
•
21
ARREST: suspect taken into custody
BOOKING: administrative record of arrest
INITIAL APPEARANCE: notice of charge, advice of rights,
setting of bail
PRELIMINARY HEARING: test of evidence against defendant
GRAND JURY/INFORMATION: review of evidence by grand
jury; charge filed by persecution
ARRAIGNMENT: appearance for plea; defendant elects trial
by jury or judge
PRETRIAL MOTIONS:
GUILTY PLEA/TRIAL: plea accepted, or trial scheduled
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
5.10
Key Terms in the Pretrial Process, continued
Motion
Change
of Venue
Pro Se
Defense
Subpoena
Duces Tecum
Selective
Prosecution
Subpoena Ad
Testificandum
Severance
Joinder
Prosecutorial
Discretion
Selective
Prosecution
True Bill/
No Bill
Sequester
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
Explain
SUMMARY
5.1
Explain the purpose and process of the preliminary
hearing
5.2
Explain the purpose, functions, and powers of a grand
jury
5.3
Summarize the arraignment process
5.4
Explain the functions and purposes of a preliminary
hearing
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
SUMMARY
5.5
Discuss the duties of a grand jury
5.6
List and describe the types of witness immunity
5.7
Describe the history of the grand jury
5.8
Explain the differences between a grand jury and a
preliminary hearing in charging the accused
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
CHAPTER AGENDA
5.9
Outline the elements of a valid guilty plea
5.10
Define the terms related to the pretrail process
© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved