Court Procedure W7 Flashcards
What is the foundation of the adversarial judicial system?
The foundation is the rule of law and its equal application.
What distinguishes the adversarial court system from a capricious will?
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 sworn officers?
To uphold (1) Ordinances of Boston, (2) Massachusetts Statutes, and (3) the US Constitution.
How does a criminal legal procedure typically begin?
It typically begins with an arrest by a law enforcement officer.
What is the purpose of the structured subject for Academy ROs?
To develop a well-rounded understanding of (1) courtroom preparation, (2) courtroom testimony, and (3) court procedures from arrest to trial or summons.
What is the Massachusetts Court System composed of?
Each judicial system has many courts of original jurisdiction where cases are originally filed and tried.
What is jurisdiction in the context of courts?
Jurisdiction is based on geography and subject matter.
What are the appellate courts in the Massachusetts Court System?
Each court system has smaller appellate courts that hear appeals from trial courts.
What is the highest court in the US?
The US Supreme Court, which has 9 justices, including Chief Justice John Roberts.
What is the highest court in Massachusetts?
The MA Supreme Judicial Court, led by Chief Justice Kimberly Budd and 6 Associate Justices.
What does the MA Appeals Court do?
It hears appeals from trial courts.
What are some other courts in Massachusetts?
Boston Municipal Court, District Courts, Housing Court, Juvenile Court, Land Court, Probate and Family Court, Superior Court.
What is the jurisdiction of the District Court?
It hears a wide range of criminal, civil, housing, juvenile, mental health cases, and others.
What is the criminal jurisdiction of the District Court?
It extends to all felonies, all misdemeanors, and all violations of city/town ordinances.
What is the original jurisdiction of the Superior Court?
It has original jurisdiction in civil actions over $25,000 and in matters where equitable relief is sought.
What is the jurisdiction of the Juvenile Court?
It has general jurisdiction over delinquency, children requiring assistance, care and protection petitions, and adoption cases.
What is an appeal?
A formal application to have a case tried again in a higher court.
What is an arraignment?
The calling of the defendant to answer the accusation contained in the indictment or complaint.
What is a complaint?
An allegation made by one or more persons that another person has committed a designated crime.
What is evidence?
The legal means of proving or disproving any matter in question.
Who is the defendant in criminal law?
The person charged with the commission of a crime.
What is an indictment?
An accusation in writing found and presented by a grand jury charging that a person has committed a specific crime.
What is jurisdiction?
The power to inquire into facts, apply the law, and declare punishment in a judicial proceeding.
What is an affidavit?
A declaration in writing sworn to or affirmed by the party making it.
What is testimony?
The statement of a witness under oath or affirmation.
How does the anatomy of a case start?
With an application to the court for a criminal complaint.
Who takes the application for a complaint?
The Arresting Police Officer.
Who issues the complaint?
The Clerk Magistrate.
Why summon a police officer to court?
To testify, provide evidence, and seek a conviction.
What is the role of a police officer in court?
To testify in court as a witness based on observations and facts known to be true.
What are the two possible outcomes from a trial?
Conviction or acquittal.
What are the five principles of the American Trial Court System?
(1) Public proceeding, (2) Only under court authority can punishment be delivered, (3) Due Process - presumption of Innocence, (4) Trials presided over by judges, (5) Trials uphold rule of law by providing sanctions.
What are the due process rights?
Guarantees against deprivation of life, liberty, or property without due process of law, protection against double jeopardy, right to a speedy trial, right to cross-examine witnesses, right to legal representation, and protection against excessive bail and cruel punishment.
How do social media postings impact police officer testimony?
They can impact credibility and lead to being placed on the ‘Brady List’, affecting past cases.
Does Officer Jean-Louis get scared?
Yes.
