court lvl 2 Flashcards
What is the role of the Supreme Judicial System?
It oversees the court system.
List the 5 principles of the Court System.
- Public Proceeding
- Only under court authority can punishment be delivered
- Due Process - Presumption of innocence
- Trials are presided over by judges who receive authority by the people
- Trials uphold rule of law by providing sanctions
When does a criminal legal procedure begin?
The moment Officers respond to the scene or incident.
What are the 4 types of evidence?
- Oral Evidence
- Real Evidence
- Documentary Evidence
- Demonstrative Evidence
What is the role of a Court Clerk?
Maintaining court records and assisting the judge.
What are the responsibilities of a Judge?
- Running sessions, trials, and hearings
- Making legal decisions during trials
- Setting bails
- Sentencing convicted defendants
- Issuing arrest and search warrants
What is the role of the District Attorney?
Represents the citizens of a county in criminal cases.
What does a Defense Attorney do?
Represents the defendant in a criminal case.
What types of cases does the District Court handle?
- Criminal
- Civil
- Housing
- Juvenile
- Mental health
What is the jurisdiction of the Superior Court?
Statewide court of general jurisdiction for both criminal and civil actions.
What is the focus of the Juvenile Court?
Delinquency and cases involving children requiring assistance.
What is a Jury waived trial?
A Bench Trial.
What is a Motion to Suppress?
A way to exclude evidence that police obtained illegally.
What are the steps in the timeline of a case?
- Arrest
- Bail
- Arraignment
- Pre-trial
- Trial
- Sentencing
- Appeal
What rights are ensured by Due Process?
- No deprivation of life, liberty, or property without due process
- Protection against double jeopardy
- Right to a speedy trial
- Right to cross-examine witnesses
- Right to legal representation
What is the definition of Rule of Law?
Equal Application.
Who conducts hearings to issue criminal complaints?
Court Magistrates.
Who issues search warrants?
Judges and magistrates.
What is the Brady list?
Established in Maryland vs Brady, requiring disclosure of untruthfulness by officers.
What does RULE 320 state about police officers?
They are expected to have greater knowledge of court proceedings than the general public.
What is the purpose of the Application for Complaint Form?
It is a court document completed by the arresting officer.
What is the significance of COMMONWEALTH VS LONG?
It established that racially motivated traffic stops are unconstitutional.
What can an officer’s certification be revoked for?
- Convicted of a felony
- Misrepresentation or fraud
- Falsifying arrest or evidence
Define Direct Testimony.
Establishes the foundation of the case through facts and evidence.
What is Cross-Examination?
A method to test the credibility of a witness.
What do jurors expect from witnesses?
- Truthfulness
- Clear information
- Impartiality
- Preparation
- Professional appearance
What is an Affidavit?
A written declaration sworn to before an authorized person.
What is an Appeal?
A formal application to have a case tried again in a higher court.
Define Arraignment.
The calling of the defendant to answer the accusation.
What is a Complaint in legal terms?
An allegation made before a magistrate that a crime has been committed.
What is Indictment?
An accusation presented by a grand jury charging a person with a crime.
What does Jurisdiction refer to?
The power to apply the law and declare punishment.
What is a Warrant?
A writ authorizing a person to make an arrest or search.
What is a Subpoena?
A written order requiring a person to appear in court.
What is a Summons?
A written order from a court magistrate.
What is Testimony?
The statement of a witness under oath or affirmation.
Define Warrant.
A writ issued by the court or magistrate having jurisdiction authorizing a person to make an arrest, search, seizure, or to do other act incidental to the administration of justice.
What is a Subpoena?
A written order from a court or magistrate requiring a person named therein to appear at a certain time and place, or be penalized for not doing so.
Define Summons.
A written order from a court magistrate, addressed to an officer and ordering him to notify a person named therein to appear at a certain time and place and to answer a complaint made against.
What does Acquittal mean?
In a criminal case tried to a jury the defendant is found not guilty, or if tried without a jury, he is found not guilty and discharged.
What is an Allegation?
A statement of fact made in a legal proceeding.
Who is an Appellant?
He who makes an appeal from the decision of a lower court to have his case tried again in a higher court.
What is Change of Venue?
The removal of the case by the court, in which a criminal action is brought in another county, at the request of the defendant if, in the opinion of the court, an impartial trial cannot be had in the court where the case is pending.
Define Cross examination.
The examination of a witness by the side, which did not call him/her generally after examination in chief.
What is Direct Examination?
Examination of a witness by the party or side that calls him/her.
What does Duress mean?
Coercion exercised upon a person whereby he/she is forced to do some act against his will.
Define Examination in a legal context.
A preliminary investigation by a magistrate of a person who is charged with a crime and under arrest, regarding the facts and circumstances alleged to have attended the crime.
What does Jeopardy mean?
The danger of conviction and punishment that the defendant in a criminal case incurs when a valid indictment has been found against him/her.
What is a Jury?
A body of persons who are sworn to declare the facts of a case as they are proven from the evidence placed before them.
What is a Return in legal terms?
The endorsement made by an officer upon a warrant or other court document, stating that he/she has done what he/she was thereby directed to do.
What is a Sentence in a criminal proceeding?
Judgment in any criminal proceeding.
Define Cumulative sentences.
Those which are imposed separately and must be served one after the other.
What are Concurrent Sentences?
Those which are served together at the same time.
Define Suspended Sentences.
One which under conditions prescribed by the court, is imposed, but not put into execution.
What is the role of Supervisor of Cases?
In every District Court in Boston in the Suffolk Superior Court there is a Boston Police Superior Officer who is designated as the Supervisor of cases for that particular court.
