Online Companion: Criminal Law and Procedure, A Systems Approach, 3e

Chapter 8 Intake and Drafting the Complaint


Intake and Drafting the Complaint

  1. Introduction
    • Key Term: intake
  2. Intake Procedure
    1. Introduction
      • Key Term: complainant
    2. Preparing for Intake
      1. Introduction
        • Case: State v. Houck (Supreme Ct. of Kansas, 1986)
        • Analysis Problem 8-1
      2. Items Needed for Intake
        • Exhibit 11-5, Medical Release Form (HIPAA)
      3. Interview Setting
    3. The Interview
      • Key Term: six Ws
    4. Counseling the Victim
      • Analysis Problem 8-2
  3. Decision to Charge
    1. Authority, Limits, and Immunity from Civil Suit
    2. Joinder of Offenses and Defendants
  4. Drafting the Complaint
    1. Drafting from the Intake Form
      • Key Term: complaint
    2. Drafting from the Police Report
      • Checklist for Intake (Prosecution)
  5. Summons and Warrant
    1. Summons
      • Key Term: summons, criminal
    2. Arrest Warrant
      • Key Term: arrest warrant
    3. E-Filing and Monitoring
      • Key Term: PACER
    4. Checklist for Drafting and Filing the Summons and Warrant
      • Checklist for Drafting and Filing the Summons and Warrant
  6. Docket Tracking
    • Key Term: docket
  7. Conclusion
    • Exhibit 8-1, Standardized Intake Form
    • Exhibit 8-2, Criminal Complaint (Federal)
    • Exhibit 8-3, Criminal Complaint (State)
    • Exhibit 8-4, Summons
    • Exhibit 8-5, Standardized Arrest Warrant: Federal
    • Exhibit 8-6, Standardized Arrest Warrant: State
    • Exhibit 8-7, Assault Counseling Brochure
    • Exhibit 8-8, Victim Impact Statement
    • Exhibit 8-9, Crime Victim's Claim Form
    • Exhibit 8-10, Completed Criminal Complaint (Cordoba Case)
    • Exhibit 8-11, Standardized Crime Report
    • Exhibit 8-12, Arrest Warrant (Completed)


HELPFUL WEB SITES National Center for Victims of Crime National Criminal Justice Reference Service, links to victims services National Coalition Against Sexual Assault, referrals to local support services National Children's Alliance, goal is to ensure that children are not revictimized by the system designed to help them National Coalition Against Domestic Violence Mothers Against Drunk Driving, support services National Association for the Advancement of Colored People, resources for responding to hate crimes Cyberangels, assists victims of cybercrimes