Court Procedure Finals Flashcards
What is the foundation of the adversarial judicial system?
The foundation is the rule of law and its application.
What does the adversarial court system represent?
It represents the principles that distinguish the rule of law from a capricious or malicious will.
What is the structure of the US judicial system?
The US has a federal system with a federal government, state government, and local government for each of the 50 states.
What are the duties of a sworn officer?
To uphold the Ordinances of Boston, Massachusetts Statutes, and the US Constitution.
How does a criminal legal procedure typically begin?
It typically begins with an arrest by a law enforcement officer.
What is structured for Academy ROs?
To develop a well-rounded understanding of courtroom preparation, courtroom testimony, and court procedures from arrest to trial or summons.
When does court preparation and testimony begin for a police officer?
It begins the moment officers respond to the scene or incident.
What are the capstones of effective criminal investigation?
Preparation for court and credible testimony.
How does the anatomy of a case start?
With an application to the court for a criminal complaint from an arrest or clerk’s hearing.
Who takes the application for complaint?
The Arresting Police Officer.
Who issues the complaint?
The Clerk Magistrate.
Why summon a police officer to court?
To testify, present evidence, and contribute to a conviction.
What is the role of a police officer in court?
To testify in court as a witness.
What is testimony based on?
It is based on observations and facts known to be true.
What is the next scheduled appearance following arraignment?
Pretrial.
What is a Motion to Suppress (MTS)?
A hearing where officers testify frequently about officer actions and evidence called into question.
What are the two possible outcomes from a trial?
Conviction or acquittal.
Who has the burden of proof?
The Commonwealth.
What are the five principles of the American Trial Court System?
- Public proceeding
- Only under court authority can punishment be delivered
- Due Process - presumption of Innocence
- Trials presided over by judges authorized by the people
- Trials uphold the rule of law by providing sanctions.
What are the due process rights?
- No person shall be deprived of life, liberty, or property without due process of law.
- Protection against double jeopardy.
- Right to a speedy trial by an impartial jury.
- Right to cross-examine witnesses and call witnesses.
- Right to legal representation and avoid self-incrimination.
- Protection against excessive bail, excessive fines, and cruel and unusual punishment.
What is the Massachusetts Court System?
Each judicial system has many courts of original jurisdiction where cases are originally filed and tried.
What does jurisdiction refer to?
Jurisdiction refers to the geographical and subject matter basis of a court’s authority.
What are the roles of the Clerk’s Office in court?
- Maintaining court records and docket
- Assisting judges in maintaining court sessions
- Presiding over magistrate hearings
- Collecting fines and court payments
- Issuing search/arrest warrants and subpoenas.
What is the role of the District Attorney?
To represent the citizens of a county in criminal cases and advise police in ongoing investigations.
What is the role of a Defense Attorney?
To represent the defendant in a criminal case.
What is the role of a Judge?
To run court sessions, make legal decisions, set bails, and oversee trials.
What are the two types of trials?
Civil and criminal.
What is a bench trial?
A trial where the judge is the finder of fact.
What is a jury trial?
A trial where a jury of peers is the finder of fact.
What is the responsibility of a police officer during testimony?
To honestly and completely present the facts and answer only the questions asked.
What is a sequestration order?
An order preventing witnesses from discussing their testimony or the case with anyone.
What do jurors expect from witnesses?
- Truthfulness
- Clear and concise information
- Impartiality
- Professional appearance.
What are some things jurors do not like?
- Refusing to look at them
- Disrespect for the judge
- Wasting their time.
What is evidence?
The legal means of proving or disproving any matter in question.
What are the types of direct evidence?
- Oral: testimony by a competent witness
- Real: objects admitted into evidence
- Documentary: written records
- Demonstrative: visual presentations.
What is hearsay?
Statements made by a witness who did not see or hear the incident but heard about it from someone else.
What are exceptions to hearsay evidence?
- Dying Declaration
- Confessions
- Spontaneous Exclamations
- Public records or business records.
What is the role of the Supervisor of Cases?
To oversee police officers designated for a particular court.
What does Rule 320 state about police officers?
Officers must have greater knowledge of court procedures and be properly prepared when appearing in court.
What is the responsibility of Police Officers regarding court procedures?
Police Officers must have greater knowledge of court procedures and shall be properly prepared when they appear in court.
What must on-duty officers submit before appearing in court?
On-Duty officers are required to submit a Court Attendance Form to the Supervisor of Cases for his signature and shall return it to their area or unit.
What should a Police Officer do if required to appear at District Court and Superior Court on the same day?
POs are permitted by the Superior Court prosecutor to attend the District Court proceeding before going to Superior Court, unless their presence is essential at the commencement of the Superior Court.
Can an officer confer with the defendant in a criminal case?
No officer shall confer with the defendant in a criminal case or with the defendant’s counsel unless the ADA assigned to the case is present.
What must a Police Officer do when they become aware of material facts affecting a case?
A PO shall immediately notify the prosecutor of all material facts which could affect the prosecution of the case as soon as such facts become known to him.
What is required of an officer when a motion to suppress is allowed in court?
The officer must make a report to his commanding officer within 48 hours.
How should a Police Officer give evidence in court?
A PO shall speak calmly and explicitly in a clear, distinct and audible tone, ensuring accuracy and not favoring any person.
What is the responsibility of the Supervisor of Cases regarding Court Attendance Forms?
The supervisor of Cases shall assure that all Court Attendance Forms submitted to him are filled out completely and accurately.
Who is responsible for issuing Court Overtime Slips?
It shall be the responsibility of the Supervisor of Cases to issue a copy of Court Overtime Slip to officers required to appear in court on an overtime basis.
What must an off-duty officer do to obtain a Court Overtime Slip?
Every off-duty officer, under summons from a court, shall present his summons to the Supervisor of Cases.
What happens when an officer is required to appear in two different courts on the same date?
The Supervisor of Cases in the FIRST court shall enter ONLY the ARRIVAL time and sign the form; the SECOND court Supervisor shall enter the DEPARTURE time and sign the form.
What must be included in the Supervisor of Cases Weekly Report?
Each Monday, they will forward a report covering all officers who failed to appear and those who did not appear on time or notify the Supervisor of Cases.
What is the application for complaint form?
The application for complaint form is a court document, not a BPD Form.
Who completes the application for complaint form when an arrest is made?
The arresting officer will complete the application for complaint.
What must be done with the original application for complaint form?
The original copy must be complete and legible, checked by the DS who shall initial it, and then four copies shall be made.
What are the responsibilities of the arresting officer regarding the application for complaint form?
The arresting officer shall sign the application and attach copies of the 1.1 and 2.1 (Booking Sheet) and a sheet with victim information.
What can impact a Police Officer’s credibility?
Your social media posts impact your credibility and your cases’ credibility.
What can happen if a DA deems an officer not credible?
The DA can place you on the ‘Brady List’, affecting past cases and providing grounds for appeals.
What should be included in court packages according to Boston Police Court Unit instructions?
Include your booking sheet (2.1) in your court package.
What can lead to the revocation of an officer’s certification?
Conviction of a felony, misrepresentation, or falsifying an arrest can lead to revocation.
What is considered perjury in a judicial proceeding?
Whoever willfully swears or affirms falsely when required to depose the truth.
