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Criminal Procedure > Ch. 7 Charging Offenders With Crimes > Flashcards

Ch. 7 Charging Offenders With Crimes Flashcards

1
Q

Under rule ___ of the Massachusetts rules of criminal procedure to obtain a warrant a police officer must submit a written application and statement of probable caused to magistrate

A

3(g)

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2
Q

Probable cause would lead a reasonable person to believe that __________ that the offender committed or is committing a crime

A

It is more likely than not

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3
Q

Who may issue arrest warrants? (5)

A

Supreme judicial court judges
Superior court judges
District Court judges
District Court clerks
District Court assistant clerks

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4
Q

Is it acceptable for an officer to verbally describe the fact that support probable cause and have his statement recorded or written down by the magistrate?

A

Yes, but it’s very rare

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5
Q

Chapter and section establishing the warrant management system

A

276/23A

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6
Q

CJIS stands for

A

Criminal justice information system

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7
Q

When deciding to arrest officers should use discretion based on (5)

A

Severity of crime
Prior criminal history and background
Vulnerability of victim
Offender willingness to engage in positive response
Police department and community enforcement priorities

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8
Q

The only two situations where arrest mandatory

A

Violation of 209A
Violation of harassment prevention order 258/E

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9
Q

An officer may conduct the warrantless arrest in public for any

A

Felony

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10
Q

Four types of misdemeanors that give an officer authority to make a warrant less arrest

A

Statutory rate of arrest for past misdemeanor
Statutory rate of arrest in presence
Reaches peace and presence
Municipal law

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11
Q

In presence means that officers are

A

Able to see the offense as it is occurring

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12
Q

What is needed to be considered a breach of peace

A

An act must at least threaten to have some disturbing effect on the public

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13
Q

Can arrest be made based on anticipation of breach of peace

A

Yes

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14
Q

Can officers arrest for most violations of municipal law

A

No

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15
Q

Municipal law encompasses _______ which are enacted by city governments, and _________which are enacted by towns

A

City-ordinances
Town-bylaw

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16
Q

Under 272/59 officers may arrest adults for certain violations of ordinance or bylaw regarding these 3 types of behavior

A
  1. Possessing or drinking alcohol beverage in public
  2. Remaining in public place in willful violation of a local law
  3. Accosting another person in public with obscene language
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17
Q

Can a defendant be arrested for drinking a beer on a public bench if it violates a cities ordinance

A

Yes

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18
Q

Can juveniles be arrested for violating in ordinance or bylaw

A

No 119/52

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19
Q

The preferred method to prove the content of an ordinance or bylaw

A

Provide judge with a copy
For simple laws officer testimony is sufficient

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20
Q

The legal process that returns a fugitive to his home jurisdiction

A

Rendition

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21
Q

Fugitives from another state, the law allows officers to perform a _______ or obtain a _______

A

Warrantless arrest
Fugitive warrant

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22
Q

Fugitive from Justice charge

A

276/20B

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23
Q

276 20B authorizes a Massachusetts officer to arrest a fugitive from justice based on ________that the accused stands charged in another state with a crime punishable by imprisonment for a term exceeding ____ year

A

Reasonable information
1 year

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24
Q

Under 276 20B authorizes a Massachusetts officer can arrest a fugitive from justice based on reasonable information that he is charged in another state with a crime punishable or imprisonment_______ (how long)

A

Exceeding 1 year

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25
Q

The fugitive from justice statute doesn’t define the term “charged”cases from Massachusetts require (3)

A
  1. Arrest warrant from original jurisdiction
  2. Indictment or criminal complaint
  3. Written information from a law-enforcement source that the person is wanted for a
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26
Q

Fugitive warrant covers what crime

A

Any crime

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27
Q

If officers come upon an out of state offender that’s been charged with something minor like this disorderly conduct. What should they do?

A

Officers can’t arrest because it’s not punishable by a term exceeding one year
Instead officers should direct the offender to return to his state and clear up the matter
If stronger action is needed, officers may obtain a fugitive warrant

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28
Q

Once a fugitive is in custody, where should they be brought?

A

To the next session of the Massachusetts District Court in the place where the arrest occurred

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29
Q

Who is allowed to apply for a fugitive warrant under 276 20A

A

Anyone

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30
Q

Out of state bail bondsman must comply with the ______ Act

A

Uniform criminal extradition act
276 11-20R

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31
Q

What are the two options that an out of state bail bondsman has?

A

May appear before a Massachusetts court, and have an arrest warrant issued for the person or
May ask police to arrest the fugitive

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32
Q

Once a fugitive is taken into custody by Massachusetts officer, what events occur next

A

Brought to local court
Informed of his right to counsel
Given an opportunity to challenge the legality of his arrest

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33
Q

The authority for interstate rendition is found in

A

Article IV of the US Constitution

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34
Q

The uniform expedition act was adopted by ____ (#)states to carry out (article)______

A

48
Article IV

35
Q

How does a state seek rendition?

A

The governor of the demanding state sends an application for requisition to the governor of the asylum state (which has custody of offender)

36
Q

What does complaint application do?

A

Documents an arrest and processes the defendants arrangement

37
Q

Following arrest an Officer delivers the complaint application and police report to

A

Clerk

38
Q

After receiving a complaint application, if the clerk finds _______ exists, the clerk issues the complaint and the defendant is _______

A

Probable cause
Arraigned in court

39
Q

If a clerk finds no probable cause for a charge following arrest, what can the police do

A

Request a redetermination by a judge

40
Q

Absent arrest, what begins a process to determine whether a defendant will be charged the crime

A

Complaint application

41
Q

Officers should consider a complaint application when the offender is ________ and does not post risk to ______

A

Likely to appear in court
Doesn’t pose risk to public safety
276/24

42
Q

With a complaint application an Officer may select one of four paths to court depending on

A

Whether the offender committed a felony or misdemeanor

43
Q

What legal document orders a witness or officer to appear in court to testify

A

Subpoena

44
Q

If a witness has been subpoenaed and fails to attend, what can happen

A

Arrest 233/6
Held in contempt 233/5
held on bail until he testifies 276,47,49

45
Q

The four Police paths officers can take with a complaint application
1. Misdemeanor not arrested=
2. Misdemeanor offender may be denied a hearing if (2)
3. _______ decides whether to grant hearing for a felony
4. Officer requests that _____ issue a felony warrant

A
  1. Hearing
  2. Fails to request one or he presents safety/flight risk
  3. Officer
  4. Clerk
46
Q

218/35A requires that the court clerk conduct a _________ hearing if requested by the accused

A

Show cause

47
Q

What brief informal hearing test whether the probable cause exist for the crime all

A

Show cause hearing

48
Q

What is the implicit purpose of the 35A show cause hearing

A

To enable the court, clerk to screen a variety of minor criminal matters

49
Q

Following a show cause hearing a clerk may enable minor criminal matters out of the justice system through a combination of (3)

A

Counseling
Discussion
Threat of prosecution

50
Q

A clerk may find probable cause but with the consent of ______ and ______approve an informal disposition

A

Police and defendant

51
Q

If a clerk decides probable cause is lacking, the case ends unless the police

A

Persuade a judge to reject the clerks finding of no probable cause

52
Q

Section 35 a allows, a complaint to be issued without a show cause hearing when the allegations involved (3)

A

Imminent threat of violence
Commission of another prime
Flight from Commonwealth

53
Q

When determining whether a show cause hearing can be bypassed, the clerk determines whether a serious threat exists. Do determine this the clerk takes into account

A

Facts of case
Accused’s criminal record
Any history of DV

54
Q

The accused forfeit his right to a hearing if he fails to request it and:

A

Probable cause is documented in the police report

55
Q

A show cause hearing for a felony only occurs if

A

It is requested by the police officer who applied for the complaint

56
Q

What approach may a police officer use in marginal felony cases where he believes the clerks input might help resolve the matter and prevent future problems

A

Request a hearing for a felony

57
Q

What happens if police take the 4th path and the officer requests that the clerk issue a felony complaint?

A

If the clerk finds probable cause in the police report, the clerk must send the defendant a summons
(Clerk has no discretion to grant a hearing)

58
Q

Does a clerk have discretion to grant a hearing if an officer requests the clerk issue a felony complaint

A

No

59
Q

What is the one option a citizen has when they feel they’ve been the victim of a crime

A

They can apply for a criminal complaint in the district court

60
Q

If they citizen applies for a criminal complaint in district court, what options does the clerk have?

A

May schedule a show cause hearing for a misdemeanor or felony complaint
Only in case of felony, the clerk may issue complaint without a hearing 218/35A

61
Q

If a citizen applies for criminal complaint, can the clerk issue the complaint without a hearing

A

Only in the case of felony complaint

62
Q

Does the clerk need to have a hearing before rejecting a citizens application for criminal complaint

A

No

63
Q

When given an application for criminal complaint by citizen, if a hearing is granted and probable cause exist, can the clerk decline to prosecute?

A

Yes

64
Q

Who has final authority when a citizen applies for criminal complaint

A

Judge or clerk

65
Q

If a citizen requests that a judge reconsider a decision made by a clerk, is the judge obligated to do so

A

No

66
Q

Why is a judge not obligated to reconsider a decision made by a clerk on a citizens application for a complaint?

A

Private citizens have no recognized legal interest in the criminal prosecution

67
Q

What are citizens rights limited to regarding applying for criminal complaint

A

Filing an application with the court, and having the court act on

68
Q

Does a citizen application for criminal complaint have to be done by the victim

A

It typically is, however a witness to the crime may apply as long as they can provide probable cause

69
Q

Once a hearing is held, if the police or citizen complaintant demand a ruling, what must the clerk do

A

Rule

70
Q

Once the hearing begins magistrate, may only order an informal resolution if

A

Police and complainants agree

71
Q

Does a criminal complaint against the police officer have to be held outside the officers jurisdiction

A

No

72
Q

_______ are adequate to protect against police bias if a criminal complaint is filed against the police officer

A

Procedural safeguards

73
Q

Are show cause hearings
records public

A

Not usually public, but any member of the public can request records of a hearing where PC was found but the clerk did not issue a criminal complaint

74
Q

When can show cause hearing records be released

A

When anyone request records of a hearing where PC was found but the clerk did not issue a criminal complaint

75
Q

What does someone need to include in the request for a show cause hearing record to be made public?

A

Must state why the interest of justice will be served by making it public

76
Q

When making a decision whether to release show cause hearing records, the clerk must balance the interests of (3) against the risk that disclosure will unfairly affect the accused

A

Transparency
Accountability
Public confidence

77
Q

All show cause hearings must not electronically record. What information (9)

A

Judicial officer presiding
What court
Dates (when filed & when hearing is)
Complaintant police officer or citizen
Gender/race of accused and citizen
Has Attorney or not
Names of attorneys
Offenses alleged
Disposition

78
Q

What dates need to be included on electronically recorded show cause hearing

A

Date when the complaint was filed and date when the hearing took place

79
Q

The show cause hearing electronic record must include the gender and race of who

A

The accused and any private citizen complaintant

80
Q

What attorney information needs to be included on show cause electronic record

A

Whether the accused or a private complaint is represented by an attorney
The names of any attorneys

81
Q

Once the clerk finds probable cause and issues a complaint it may not be dismissed until

A

After the defendants arraignment

82
Q

Who is the only person that may consider a motion to dismiss before arraignment?

A

Juvenile court judge

83
Q

I judge my act on emotion to dismiss for lack of probable cause _____ the defendant has been arraigned

A

After

Criminal Procedure (4 decks)

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