Court Procedures Flashcards by Ryan Westgate

What does Rule 320 Outline?

Refers to BPD court rules, duties and responsibilities

How well did you know this?

Not at all

Perfectly

What are the Uniform Requirements for Officers showing up to court?

Class A,B, C uniforms
Exceptions is a plain clothes unit
Male- suitcoat and necktie
Female- suitably attired

How well did you know this?

Not at all

Perfectly

What are the Court Procedures for an Officer summoned/ subpoenaed?

Shall be present if listed on a Summons or a Subpoena
Failure to appear will be a contempt of court hearing and you could face discipline

How well did you know this?

Not at all

Perfectly

What is in SO 12-028 (Case Prep)

Properly prepare
Arrive on time
Bring the ADA evidence
Don’t speak with anyone else about the case
Evidence considerations, order evidence at least 48 hours in advance (2 business days)
Don’t discuss case related matters in non- private areas
Defense attorneys have been known to plant individuals outside the court room

How well did you know this?

Not at all

Perfectly

Common court attendances are based off of?

A summons
A subpoena
Case Prep

How well did you know this?

Not at all

Perfectly

What is outlined in overtime pay for court appearances?

OT pay ensures only Officers whose testimony is essential appears
Off Duty Officer should present his summons to the SUPERVISOR OF CASES to get an OT slip
Duty supervisor is responsible for signing OT slips

How well did you know this?

Not at all

Perfectly

Who do you refer to for Courts outside of Boston?

Refer to the duty supervisor

How well did you know this?

Not at all

Perfectly

What is the trial system?

Judicial examination and determination of facts from civil or criminal legal action

How well did you know this?

Not at all

Perfectly

What is a Bench Trial?

Solely before a judge
Judge decides all legal issues
Judge imposes sentence if defendant found guilty

How well did you know this?

Not at all

Perfectly

What is a Jury Trial?

Before a judge and a jury
Jury makes findings and decides a verdict

How well did you know this?

Not at all

Perfectly

What do Boston Police Officers focus on in terms of courts?

We focus on DISTRICT COURTS
Non BMC District Courts- non BPD attend, rare occasions we do
Boston Municipal Court (BMC), jurisdiction in Boston civil or criminal
such as
Housing Court
Juvenile court- Chelsea, BMC
Probate & Family Court- Marriages/ divorce/ 209A
Superior Court- most serious cases (felonies)

How well did you know this?

Not at all

Perfectly

What happens in District Court?

Civil Cases= financial recovery no more than 50K
Criminal Cases= Up to 5 years in jail

How well did you know this?

Not at all

Perfectly

What happens in Superior Court?

Civil or Criminal Cases
More than 50k for relief in labor disputes
Handles charges such as murder

How well did you know this?

Not at all

Perfectly

What is a judge

An appointed public Official
In charge of running sessions, trials, hearings
Judge makes legal decisions during trials and motions

How well did you know this?

Not at all

Perfectly

What is an Affidavit

A Declaration in writing sworn to or affirmed by the party making it (tell the truth)

How well did you know this?

Not at all

Perfectly

What is an Affirmation

A solemn declaration, made under the penalty of perjury (only tell the truth)

How well did you know this?

Not at all

Perfectly

What is an Appeal?

Formal Application of one found guilty of a crime in lower court to have their case tried again

How well did you know this?

Not at all

Perfectly

What is an Arraignment?

Calling of defendant to answer the accusation contained in the indictment or complaint

How well did you know this?

Not at all

Perfectly

What is a Complaint?

An allegation made by one or more persons that a person has committed a designated crime

What is a defendant?

Person charged with the commission of a crime

What is Evidence?

Legal means, proving or disproving any matter in question

What is a Hearing?

Testifying of witnesses before a court clerk of court to determine if there is sufficient evidence against the defendant to justify a warrant, summons, complaint, or to hold the person in jail

What is an indictment?

Charging that person named therein has committed a specific crime

What is an Oath?

Affirmation, declaration or promise under a sense of responsibility to god for the truth of what is stated

What is testimony?

Statements of a witness under oath or affirmation

What is a subpoena

A Written order from a court or magistrate requiring a person to appear at a certain time or place

What is an acquittal?

A Criminal case in which the defendant is found not guilty or if tried without a jury, not guilty and discharged

What is a Conviction?

The result of a trial of a criminal case in which the defendant is found guilty

What is cross examination

Examination of a witness by the side which did not call him/ her.

What is Direct Examination?

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

What is a jury?

a body of persons sworn to declare the facts of a case

What is the Supervisor of cases?

a BPD Superior Officer who is designated as the supervisor of cases for that particular court. Generally the person you report to when arriving to court

Who and what is an Assistant District Attorney?

Appointed by the DA Prosecutes in criminal cases POINT PERSON FOR LAW ENFORCEMENT Prosecutes all aspects of criminal cases and Civil Matters

What is the Definition of a DA?

Person who is in charge of ADA'S who are the government's lawyers or prosecutors in criminal cases

What is a Defense Attorney

Priority is the defendant and person who cross examines in most cases

What happens when a motion to suppress evidence is called?

The OFC in charge of the prosecution of the case must make a report in writing to the commanding Officer within 48 hours

What shall a Police Officer do when giving evidence

Speak Calmly, clear, distinct, audible tone to be easily heard by jury, when cross examined only give the facts

SEC 14, rule 320 outlines that an Officer testifying for any person, firm or agency outside the city of Boston shall?

Shall not testify in any criminal case, or in any administrative hearing before the Police Commissioner unless LEGALLY summoned to do so

What is the Duty supervisor responsible for?

Signing in/ out any Officer that appears in court Especially when their is No Supervisor of cases, the duty supervisor of the district the Officer is assigned to shall act as the Supervisor of Cases Also when an Officer without a summons/ notice to appear presents the OT slip to be authorized by the DS

The Supervisor of Cases ensures every Officer summoned is entered on the?

Appearance Status List

What happens when an Officer has to be in two different courts at once?

Supervisor of Cases of the first court shall enter the arrival time and sign the form, then the second supervisor of cases at the other court will sign the out time. No Officer shall be issues or accept more than 1 Court OT slip for a single day

What is the color copy code of an OT Slip?

Green (original) to Supervisor of cases Pink (copy) retains to Officer

Supervisor of Cases Weekly report

Each Monday or Tuesday if Monday is a holiday, the SOC shall forward to the commander a report covering All Ofc who failed to appear (date, time, ID, Unit, CC, Docket) All Officers who did not appear on time and did NOT notify the SOC

Generally will Officers making arrests for offenses will appear in court to seek the original complaint? True or False

False. Officers will not appear in court to seek the original complaint. Unit Commanders shall assign an OFC to perform this function EXCEPTIONS A/B upon a Police Officer

What is a Deposition?

Oral statement made before an Officer, and such statements are taken to examine potential witnesses

If an Officer has to go to a Superior court and District court at the same time, which one does he show up to first?

District court then notify DS upon going to superior.