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
Long motion
Look at officers record to determine statistics of who they pull over the most (based on race)
Commonwealth v Van Radar
Extended the king motion to pedestrian stops not just MV stops
The legal means, exclusive of mere argument of proving or disproving any matter in question
Evidence
Oath
A solemn affirmation, declaration, or other promise made under a sense of responsibility to God for the truth of what is stated
Affirmation
A solemn declaration, made under the penalty of perjury, by a person who conscientiously declines taking an oath
The examination of a witness by the side, which did not call him/her generally after examination in chief
Cross Examination
Examination of a witness by the party or side that calls him/her
Direct Examination
A formal application of one found guilty of a crime by a lower court to have his case tried again in a higher court
Appeal
No officer shall confer with?
Defendants and defense team
Exculpatory Evidence
Evidence that is favorable towards the defendant
Rule 320
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
