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

Chapter 8 Intake and Drafting the Complaint

CHAPTER OUTLINE

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

www.ncvc.org: National Center for Victims of Crime

www.ncjrs.org: National Criminal Justice Reference Service, links to victims services

www.achiever.com/freehmpg.ncas: National Coalition Against Sexual Assault, referrals to local support services

www.nncac.org: National Children's Alliance, goal is to ensure that children are not revictimized by the system designed to help them

www.ncadv.org: National Coalition Against Domestic Violence

www.madd.org: Mothers Against Drunk Driving, support services

www.naacp.org: National Association for the Advancement of Colored People, resources for responding to hate crimes

www.cyberangels.org: Cyberangels, assists victims of cybercrimes