1. Class Name, Instructor Name Date, Semester Chapter 5 The Charging Function Procedures in the Justice System, 10 th Edition

2. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved CHAPTER AGENDA 5.1 5.2 5.3 5.4 Explain the purpose and process of the preliminary hearing Explain the purpose, functions, and powers of a grand jury Summarize the arraignment process Explain the functions and purposes of a preliminary hearing Explain

3. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved CHAPTER AGENDA 5.5 5.6 5.7 5.8 Discuss the duties of a grand jury List and describe the types of witness immunity Describe the history of the grand jury Explain the differences between a grand jury and a preliminary hearing in charging the accused

4. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved CHAPTER AGENDA 5.9 5.10 Outline the elements of a valid guilty plea Define the terms related to the pretrail process

5. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved Explain the purpose and process of the preliminary hearing 5.1 Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes

6. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved Explain the purpose, functions, and powers of a grand jury 5.2 Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes

7. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved “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 5.2

8. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved Summarize the arraignment process 5.3 Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes

9. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved 5.3 Future Court Date Future Court Date Conditions of Release Conditions of Release Enter a Plea Enter a Plea Notice of Charges Notice of Charges The Arraignment Process

10. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved Explain the functions and purposes of a preliminary hearing 5.4 Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes

11. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved Selecting a Grand Jury 5.4

12. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved Describe the duties of the grand jury 5.5 Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes

13. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved Findings of Contempt Subpoenas 5.5

14. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved 5.5

15. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved List and describe the types of witness immunity 5.6 Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes

16. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved Describe the history of the grand jury 5.7 Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes

17. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved Explain the differences between a grand jury and a preliminary hearing in charging an accused 5.8 Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes

18. © 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

19. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved Outline the elements of a valid guilty plea 5.9 Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes

20. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved Define terms related to the pretrial process 5.10 Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes

21. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved 21 5.10 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 Key Terms In The Pretrial Process

22. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved Key Terms in the Pretrial Process, continued Motion Selective Prosecution Prosecutorial Discretion Change of Venue Subpoena Ad Testificandum Selective Prosecution Pro Se Defense Pro Se Defense Severance True Bill/ No Bill True Bill/ No Bill Subpoena Duces Tecum Joinder Sequester 5.10

23. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved SUMMARY 5.1 5.2 5.3 5.4 Explain the purpose and process of the preliminary hearing Explain the purpose, functions, and powers of a grand jury Summarize the arraignment process Explain the functions and purposes of a preliminary hearing Explain

24. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved SUMMARY 5.5 5.6 5.7 5.8 Discuss the duties of a grand jury List and describe the types of witness immunity Describe the history of the grand jury Explain the differences between a grand jury and a preliminary hearing in charging the accused

25. © 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 All Rights Reserved CHAPTER AGENDA 5.9 5.10 Outline the elements of a valid guilty plea Define the terms related to the pretrail process