Court Procedures Flashcards
When you are scheduled for 2 court appearances, district court and superior court, what must you do?
Go to district court first then go to superior court
ADA are responsible for what?
Criminal and civil matters
Assistant district attorney’s are appointed by who?
The district attorney
Who are judges appointed by?
The governor of Massachusetts
Defense Attorneys
Represents the defendant
Priority is always the defendant
Supervisor of cases
Are responsible for officer in the court, or any court function
Also is the person to put start/end time on OT slip
Bench Trial
Only judge
Judge decides all legal issues
Judge imposes sentencing
Jury Trial
Before the judge and jury
Jury makes finding of facts
Judge appoints sentencing
Discovery
The formal process of exchanging information between the parties about the witness and evidence they will present at the time
Acquittal
That which takes place when 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. The court must have jurisdiction to find him guilty or not guilty
Defendant
In criminal law, the person charged with the commission of a crime
Conviction
The result of a trial of a criminal case either before a jury or a trial judge in a court of competent jurisdiction which ends in a verdict or finding that the defendant is guilty
Complaint
An allegation made by one or more persons before a proper magistrate that another person committed a designated crime
Arraignment
The calling of the defendant to the bar of the court to answer the accusation contained in the indictment or complaint
Police actions that can prompt courtroom testimony
On site of felony/ misdemeanor (criminal infractions)
911 calls -> BPD operations dispatching of police units to incidents
A police units radio transmission or BWC footage and its links to the courtroom process
Motion to suppress
In MA criminal case, can be a powerful legal strategy
Allows defendants to challenge the admissibility of certain evidence on grounds of constitutional violations
- 4th amendment: physical evidence and persons
- 5th amendment: testimonial evidence
Trial witness
Testify for the prosecution and the defense in criminal cases
Testify for the plaintiff and the defense in civil cases
Responsibility of witnesses
Tell the truth
Testify to the facts
Sequestered
Court order for witnesses to be kept separate from discussing their testimony or the case
Order if the court that required all witnesses to remain outside the courtroom
Hearsay
Out of court statements offered to prove the truth of whatever it asserts, which is then offered in eveidence to prove the truth of the matter
The problem with hearsay is that when the person being quoted is not present, it becomes impossible to establish credibility
Types of evidence
Real evidence
Circumstancial evidence
Hearsay
Real evidence
Clothing, firearm (physical evidence)
Circumstantial evidence
Required judge/ jury to make inferences and draw conclusions exclusionary rule
Commonwealth v. Long
Youth Violence Strike Force traffic stop; firearm recovered; challenging the stop because they believed it was racially motivated
