Court Procedures

Question 1

When you are scheduled for 2 court appearances, district court and superior court, what must you do?

Answer 1

Go to district court first then go to superior court

Question 2

ADA are responsible for what?

Answer 2

Criminal and civil matters

Question 3

Assistant district attorney’s are appointed by who?

Answer 3

The district attorney

Question 4

Who are judges appointed by?

Answer 4

The governor of Massachusetts

Question 5

Defense Attorneys

Answer 5

Represents the defendant
Priority is always the defendant

Question 6

Supervisor of cases

Answer 6

Are responsible for officer in the court, or any court function
Also is the person to put start/end time on OT slip

Question 7

Bench Trial

Answer 7

Only judge
Judge decides all legal issues
Judge imposes sentencing

Question 8

Jury Trial

Answer 8

Before the judge and jury
Jury makes finding of facts
Judge appoints sentencing

Question 9

Discovery

Answer 9

The formal process of exchanging information between the parties about the witness and evidence they will present at the time

Question 10

Acquittal

Answer 10

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

Question 11

Defendant

Answer 11

In criminal law, the person charged with the commission of a crime

Question 12

Conviction

Answer 12

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

Question 13

Complaint

Answer 13

An allegation made by one or more persons before a proper magistrate that another person committed a designated crime

Question 14

Arraignment

Answer 14

The calling of the defendant to the bar of the court to answer the accusation contained in the indictment or complaint

Question 15

Police actions that can prompt courtroom testimony

Answer 15

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

Question 16

Motion to suppress

Answer 16

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

Question 17

Trial witness

Answer 17

Testify for the prosecution and the defense in criminal cases

Testify for the plaintiff and the defense in civil cases

Question 18

Responsibility of witnesses

Answer 18

Tell the truth
Testify to the facts

Question 19

Sequestered

Answer 19

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

Question 20

Hearsay

Answer 20

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

Question 21

Types of evidence

Answer 21

Real evidence
Circumstancial evidence
Hearsay

Question 22

Real evidence

Answer 22

Clothing, firearm (physical evidence)

Question 23

Circumstantial evidence

Answer 23

Required judge/ jury to make inferences and draw conclusions exclusionary rule

Question 24

Commonwealth v. Long

Answer 24

Youth Violence Strike Force traffic stop; firearm recovered; challenging the stop because they believed it was racially motivated

Question 25

Long motion

Answer 25

Look at officers record to determine statistics of who they pull over the most (based on race)

Question 26

Commonwealth v Van Radar

Answer 26

Extended the king motion to pedestrian stops not just MV stops

Question 27

The legal means, exclusive of mere argument of proving or disproving any matter in question

Answer 27

Evidence

Question 28

Oath

Answer 28

A solemn affirmation, declaration, or other promise made under a sense of responsibility to God for the truth of what is stated

Question 29

Affirmation

Answer 29

A solemn declaration, made under the penalty of perjury, by a person who conscientiously declines taking an oath

Question 30

The examination of a witness by the side, which did not call him/her generally after examination in chief

Answer 30

Cross Examination

Question 31

Examination of a witness by the party or side that calls him/her

Answer 31

Direct Examination

Question 32

A formal application of one found guilty of a crime by a lower court to have his case tried again in a higher court

Answer 32

Appeal

Question 33

No officer shall confer with?

Answer 33

Defendants and defense team

Question 34

Exculpatory Evidence

Answer 34

Evidence that is favorable towards the defendant

Question 35

Rule 320

Answer 35

Law enforcement officers are expected to be knowledgeable of the laws, ordinances & court procedures
- If summoned to both District & superior Court
- others will First report to district, unless presence essential at superior
- prior to departing district court, telephone supervisor of Cases
- officers shall immediately notify prosecutors of a case in which the is imolned o all matenul Facts which could allet the prosectin of the case - exculpatory endence
- No hier shall confer / detenelans o counsel pren to talkens w/ ADA
- PO shall sue endence wl the strictest accracy, not Favoring either sido
- When cross examine, ansuer o/ same readliness anelaintity as when giu odence in suet