Ch. 7 Charging Offenders With Crimes Flashcards by Teagan Davis

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

3(g)

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

It is more likely than not

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Who may issue arrest warrants? (5)

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

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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?

Yes, but it’s very rare

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Chapter and section establishing the warrant management system

276/23A

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CJIS stands for

Criminal justice information system

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

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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The only two situations where arrest mandatory

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

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An officer may conduct the warrantless arrest in public for any

Felony

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

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

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In presence means that officers are

Able to see the offense as it is occurring

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What is needed to be considered a breach of peace

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

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Can arrest be made based on anticipation of breach of peace

Yes

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Can officers arrest for most violations of municipal law

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

City-ordinances
Town-bylaw

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

Possessing or drinking alcohol beverage in public
Remaining in public place in willful violation of a local law
Accosting another person in public with obscene language

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

Yes

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Can juveniles be arrested for violating in ordinance or bylaw

No 119/52

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

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

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The legal process that returns a fugitive to his home jurisdiction

Rendition

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

Warrantless arrest
Fugitive warrant

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Fugitive from Justice charge

276/20B

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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

Reasonable information
1 year

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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)

Exceeding 1 year

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

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

Fugitive warrant covers what crime

Any crime

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

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

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

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

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

Anyone

Out of state bail bondsman must comply with the ______ Act

Uniform criminal extradition act 276 11-20R

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

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

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

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

The authority for interstate rendition is found in

Article IV of the US Constitution

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

48 Article IV

How does a state seek rendition?

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

What does complaint application do?

Documents an arrest and processes the defendants arrangement

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

Clerk

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

Probable cause Arraigned in court

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

Request a redetermination by a judge

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

Complaint application

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

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

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

Whether the offender committed a felony or misdemeanor

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

Subpoena

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

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

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

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

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

Show cause

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

Show cause hearing

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

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

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

Counseling Discussion Threat of prosecution

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

Police and defendant

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

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

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

Imminent threat of violence Commission of another prime Flight from Commonwealth

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

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

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

Probable cause is documented in the police report

A show cause hearing for a felony only occurs if

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

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

Request a hearing for a felony

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

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)

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

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

They can apply for a criminal complaint in the district court

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

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

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

Only in the case of felony complaint

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

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

Yes

Who has final authority when a citizen applies for criminal complaint

Judge or clerk

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

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

Private citizens have no recognized legal interest in the criminal prosecution

What are citizens rights limited to regarding applying for criminal complaint

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

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

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

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

Rule

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

Police and complainants agree

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

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

Procedural safeguards

Are show cause hearings records public

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

When can show cause hearing records be released

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

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

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

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

Transparency Accountability Public confidence

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

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

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

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

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

The accused and any private citizen complaintant

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

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

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

After the defendants arraignment

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

Juvenile court judge

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

After