Procedure | Resources | Sec. 6.3

Fundamentals of Procedural Law by Adam J. McKee

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Reading Assignment for Section 6.3

Read the following subsection from our online textbook: Section 6.3: Pretrial Procedures.

Note: This section spans multiple pages, so be sure to review all pages to fully understand the material.

What You Will Learn

In this section, you’ll explore the critical stages of pretrial procedures, from the initial appearance to the filing of formal charges. You’ll learn about the grand jury process, the importance of jurisdiction and venue, and the strategic use of pretrial motions. By examining key cases and legal principles, you’ll gain insight into how these procedures protect defendants’ rights and contribute to a fair trial process.

Student Learning Outcomes for Section 6.3

  • SLO 1: Explain the purpose and process of the initial appearance, including the defendant’s right to be informed of charges, their right to counsel, and the judicial determination of probable cause.
  • SLO 2: Analyze the formal charging process, including the prosecutor’s discretion in filing complaints, informations, and indictments, and discuss the constitutional limits established in cases like Bordenkircher v. Hayes (1978) and United States v. Batchelder (1979).
  • SLO 3: Describe the role and function of the grand jury in determining probable cause, differentiating between “true bills” and “no bills,” and evaluate the grand jury’s importance in protecting citizens against unjust prosecutions.
  • SLO 4: Distinguish between jurisdiction and venue, outlining their significance in ensuring proper legal authority and fairness, and explain circumstances where changes in venue may be requested to avoid prejudice.
  • SLO 5: Assess the strategic use of pretrial motions, such as motions to suppress evidence, dismiss charges, or change venue, and discuss how these motions influence trial preparation and fairness, referencing cases like Mapp v. Ohio (1961) and Brady v. Maryland (1963).

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Last Updated:  01/11/2025

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