PART II – THE CRIMINAL PROCESS (suggested time 1 hour)

1. See handouts - flowchart of the Criminal Process.

See glossary definitions of terms for each of the steps and/or information regarding those steps given above.

2. See glossary definition of “booking.”

3. See glossary definition of the “Twenty-hour Rule.”

Effective July of 2001, this was expanded to 24 hours under some circumstances. See RSMo 544.170.

4. Refer to handout - Warrant Application Procedure section of Criminal Process flowchart.

- Prosecutor may issue the information (which then leads to issuance of an arrest warrant).

- “ may refuse to issue (which ends the matter - the suspect is released).

- “ may take under advisement (which gives the officer/agency an opportunity to gather

further information before further action is taken).

- “ may send to Grand Jury (although this rarely happens at this point).

- Obviously, issuance shows that the prosecutor not only agreed that probable cause existed, but that the case was “winnable.”

- A refusal is made when the facts are too weak to give a good likelihood of winning and where it doesn’t appear likely that further investigation will reveal anything more, or where the charge is one that the prosecutor’s office rarely pursues.

- An application is taken under advisement when there is not sufficient evidence to allow prosecution, but there appears to be the possibility of developing further evidence.

- An application is referred to the Grand Jury when the prosecutor wishes a body of citizens to consider the probable cause, either for political reasons, or because the prosecutor wishes to hear witnesses and investigate evidence in more detail before a decision is made.

5. See glossary definition of “grand jury.”

6. a. - c. See glossary definitions of each of the terms.

7. See glossary definition of the terms “discovery,” “motion for discovery,” “motion to suppress,” and “suppression hearing.”