COURT PROCEDURES (30 Points)

Question 1

1. Court Procedures is an intricate part of our adversarial judicial system.

Question 2

2. A criminal legal procedure typically begins with an arrest by a LE officer.

Answer 2

a. This subject is structured for Academy ROs to develop a well-rounded understanding of courtroom preparation, courtroom testimony, and court procedures as it relates to the anatomy of a case from arrest to trial or summons stemmed from a civil case.

Question 4

4. Pre-Trial

Answer 4

Next scheduled appearance following arraignment

Question 5

5. What are the capstones of effective criminal investigation?

Answer 5

Preparation for court & credible testimony

Question 6

6. Identify Terminology (pg. 11-12)

Answer 6

a. Appeal: a formal application of one found guilty of a crime by a lower court to have his case tried again in a higher court
b. Arraignment: the calling of the defendant to the bar of the court to answer the accusation contained in the indictment or complaint
c. Indictment: an accusation in writing found and presented by a grand jury, legally called together and sworn to the court in which it is impaneled, charging that a person, named therein has committed a specific crime
d. Jurisdiction: the power to inquire into the facts, to apply the law, and to declare punishment, in a regular course of judicial proceeding
e. Subpoena: a written order from a court or magistrate requiring a person name therein to appear at a certain time and place, or be penalized for not doing so
f. Summons: a written order from a court magistrate, addressed to an officer and ordering him to notify a person named therein to appear at a certain time and place and to answer a complaint made against
g. 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.
h. Conviction: the result of a trial of a criminal case either before a jury or trial judge in a court of competent jurisdiction which ends in a verdict or finding that the defendant is guilty
i. Bench Trial: just before a judge (JUDGE = fact finder)
j. Jury Trial: jury of peers (JURY = fact finder)
k. Deposition: an oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or be used later in trial
l. Affirmation: A solemn declaration, made under the penalty of perjury, by a person who conscientiously declines taking an oath
m. Oath: A solemn affirmation, declaration, or other promise made under a sense of responsibility to God for the truth of what is stated
n. Certified Copy: A copy, to which is added a certificate under hand and official seal of the public officer, authorized to certify the same. Stating that he has compared the copy with the original document on file at his office, and that it is a correct transcript thereof and of the whole of the original.
o. Evidence: The legal means, exclusive of mere argument of proving or disproving any matter in question
p. Cross Examination: the examination of a witness by the side, which did not call him/her generally after examination in chief
q. Direct Examination: examination of a witness by the party or side that calls him/her
r. Duress: Coercion exercised upon a person whereby he is forced to do some act against his will

Question 7

7. MA jurisdiction (pg. 7-8)

Answer 7

a. District: hears a wide range of criminal, civil, housing, juvenile, mental health, and others
i. District Court criminal jurisdiction extends to all felonies (penalty up to 5 yrs & other specific felonies with greater potential penalties), ALL misdemeanors, and all violations of city and town ordinances and by-laws.
ii. Probable cause hearing for felonies where district court doesn’t have final jurisdiction
iii. District court magistrates conduct hearings to issue criminal complaints and arrest warrants & to determine PC to detain persons arrested without a warrant
iv. Civil matters that do not exceed $25,000 (also tries smaller claims involving up to $7k)

b. Superior: Has stateside court of general jurisdiction – handling both criminal and civil actions
i. Superior court has original jurisdiction in civil actions over $25,000 and in matters where equitable relief is sought
ii. Original jurisdiction in actions including labor disputes where injunctive relief is sought
iii. Exclusive authority to convene medical malpractice tribunals
iv. Exclusive original jurisdiction in first degree murder cases and original jurisdiction for all other crimes.
v. All felony matters, although shares jurisdiction over crimes where trial court departments have concurrent jurisdiction
vi. Superior court has appellate jurisdiction over certain administrative proceeding

c. Juvenile: has general jurisdiction over delinquency, children requiring assistance (CRA), care and protection petitions, adult contributing to a delinquency of a minor cases, adoption, guardianship, termination of parental rights proceedings, and youthful offender cases.

Question 8

8. US Supreme Court – 9 justices

Answer 8

a. Chief Justice: John Roberts

Question 9

9. MA Supreme Judicial Court – 7 justices (1 chief justice & 6 associate justices)

Answer 9

a. Chief Justice: Kimberly S Budd

Question 10

10. Supreme Judicial Court =

Answer 10

highest appellate court in MA

Question 11

11. MA Appeals Court –

Answer 11

hear appeals from trial courts

Question 12

12. Responsibilities for Boston Municipal Court Department, Housing Court, Juvenile, Probate & Family (fact pattern – identify what belongs where)

Answer 12

a. We only have ONE court department in Suffolk County (BMC)
b. 1 Superior Court in each County (Boston = Suffolk Superior Court)
c. Ch. 90 violations go to district court
d. Civil infraction = district court

Question 13

13. What is your role as a police officer in court?

Answer 13

Testify in court as a witness

Question 14

14. Two possible outcomes from trial

Answer 14

conviction or acquittal

Question 15

15. All of the City of Boston is in the Venue of the Boston Municipal Court Department

Question 16

16. District 1 (District 15)

Answer 16

a. Boston Municipal Court (BMC)
b. BMC Charlestown Division

Question 17

17. District 2

Answer 17

a. BMC Roxbury Division
b. BMC West Roxbury Division
c. BMC Dorchester Division

Question 18

18. District 3

Answer 18

a. BMC Dorchester Division
b. BMC West Roxbury Division

Question 19

19. District 4

Answer 19

a. BMC
b. BMC Roxbury Division

Question 20

20. District 5

Answer 20

a. BMC West Roxbury Division

Question 21

21. District 6

Answer 21

a. BMC South Boston Division

Question 22

22. District 7

Answer 22

a. BMC East Boston Division

Question 23

23. District 11

Answer 23

a. BMC Dorchester Division

Question 24

24. District 13

Answer 24

a. BMC West Roxbury Division
b. BMC Roxbury Division

Question 25

25. District 14

Answer 25

a. BMC Brighton Division

Question 26

26. District 18

Answer 26

a. BMC West Roxbury Division

Question 27

27. Juvenile Session in District Courts – (Delinquency Only) Dorchester – M -F/ West Roxbury – Friday

Answer 27

a. Only one juvenile department, but 2 sessions

Question 28

28. Roles in the Court:

Answer 28

a. Clerk’s Office Civil/Criminal: i. Maintaining court records and court docket ii. Assist judge in maintaining court session iii. Presides over magistrate hearings (show cause hearings and traffic violations) iv. Collecting fines, court payments, and court fees v. Clerk magistrate may review, sign, and issue search/arrest warrants vi. Issue subpoenas and summons vii. Clerk magistrate May set bail & sit at arraignments b. District Attorney: An elected official who is in charge of representing the citizens of a county in criminal cases brought before the courts in his/her jurisdiction i. In charge of criminal cases (minus ones brought forward by state attorney general) ii. Determines the path of the criminal cases iii. Advise & assist police in ongoing investigations iv. Advise officers in preparing and review all search warrants v. Usually is the origin for most PO summons vi. ADAs are the people that POs will have the most contact with in a court c. Defense Attorney: lawyer who represents the defendant in a criminal case i. Adversary of the prosecutor and the police ii. Priority = the defendant iii. May occasionally summon a PO d. Judge: appointed public officials who run the state’s court system i. In charge of running the sessions, trials, and hearings (except magistrate hearings) ii. Make legal decisions during trials and motions iii. Set bails, sentence convicted defendants, and issue arrest/search warrants iv. Moderate and oversee trials v. Issue 209A orders vi. Arraign defendants vii. In a bench trial, the judge is the moderator, legal decision maker, and the finder of fact

Question 29

29. Supervisor of Cases:

Answer 29

Upon arriving at the court, the officer will report to the Supervisor of Cases.

Question 30

30. Rule 320 – Courts:

Answer 30

a. On-Duty officers are required to submit a Court Attendance Form to the Supervisor of Cases for his signature and shall return it to their area or unit. b. PO required to appear at District Court & Superior Court on same day: unless their presence is essential at the commencement of the Superior Court, these POs are permitted by the Superior Court prosecutor to attend the District Court proceeding BEFORE going to Superior Court c. No officer shall confer w/ the defendant in a criminal case or w/ the defendant’s counsel unless the ADA assigned to the case is present d. A PO shall immediately notify the prosecutor of a case in which he is involved all material facts which could affect the prosecution of the case as soon as such facts become known to him e. A PO, when giving evidence, shall speak calmly and explicitly in a clear, distinct and audible tone, so as to be easily heard by the court and jury. He shall give evidence with the strictest accuracy, confining himself to the case before the court, neither suppressing nor overstating the circumstances with a view to favoring any person or from ill-will to either side. f. The supervisor of Cases shall be held responsible to assure the all Court Attendance Forms submitted to him are filled out completely and accurately and that they are submitted by officers entitled to do so.

Question 31

31. Rule 320A – Issuance of Court Appearance Authorization Slips:

Answer 31

a. It shall be the responsibility of the SUPERVISOR OF CASES to issue a copy of Court Overtime Slip to such officers who are required to appear in court on an overtime basis. i. He will ensure that only those officers whose testimony is essential for the successful prosecution of a criminal case will be directed to appear b. Every off-duty officer, UNDER SUMMONS from a court, shall present his summons to the Supervisor of Cases in order to obtain a Court Overtime Slip c. Off-duty officer WITHOUT A SUMMONS/notice to appear shall be required to have the Court Overtime Slip authorized by his/her District/Unit Supervisor d. Processing of Court Overtime Slips: i. Off-duty at a court situation in Boston: shall obtain a court overtime slip from the Supervisor of Cases assigned to that court at the time of his arrival ii. EXCEPT: off-duty officers without a summons/notice to appear shall obtain the court overtime slip from his/her District/Unit Supervisor e. When an officer is required to appear in two different courts on the same date, the Supervisor of Cases in the FIRST court shall enter ONLY the ARRIVAL time and sign the form; the Supervisor of Cases in the SECOND court shall enter the officer’s DEPARTURE time and sign the form i. NO officer appearing before the courts as an off-duty witness shall be issued, or shall accept, more than one Court overtime slip for any calendar day f. Supervisor of Cases Weekly Report: Each Monday they will forward to the Commander, Court Unit a report covering the week prior: i. All officers who failed to appear ii. All officers who did not appear on time and did not notify the Supervisor of Cases

Question 32

32. Rule 320B – The Application for Complaint Form:

Answer 32

a. The application for complaint form is a court document, it is not a BPD Form b. Officers making arrests for offenses committed w/in the jurisdiction of a court will not appear in court to seek the original complaint. Area or Unit Commanders shall assign an officer to perform this function. THE ARRESTING OFFICER WILL COMPLETE THE FORM c. ARRESTED PERSONS SHALL BE TAKEN TO THE AREA OF OCCURRENCE: All city-wide units shall take their prisoners to the station house of the area where the arrest was made. The arresting officers shall fill out the application for complaint form; area personnel will seek the complaint d. The original copy must be complete and legible; checked by the DS who shall initial it; after which FOUR copies shall be made (original PLUS four copies): i. Original Copy: Clerk of Court ii. One Copy: Supervisor of Cases, with a copy of 1.1 and 2.1 iii. One Copy: arresting officer iv. One Copy: Commander of the Area where incident occurred v. One Copy: filed at area/unit where arresting officer is assigned e. Arresting Officer Responsibilities: when the arresting officer has filled out an application for complaint form, he shall sign it and shall then attach to it copies of the 1.1 and 2.1 and a sheet containing names, addresses, and phone numbers of the victims or complainants f. COURTS (Clerk Magistrates) ISSUE COMPLAINTS*

Question 33

33. Trial prep – pg. 38

Answer 33

Have documents for court (police report, booking sheet, CAD sheet, and vehicle inventory form), viewing the scene, speaking with ADA, reviewing transcripts of prior testimony 34. Testimony – pg. 39 – Your job is to honestly and completely present the facts, know the strengths of your case, know the weaknesses of your case, have confidence in your material, answer only the questions asked, use good eye contact with the jury 35. Sequestration Order – Do not discuss your testimony or the case with anyone; also called separation of witnesses. Prevents a witness from being influenced by the testimony of another witness 36. Roles in the court – why does the district court magistrate conduct hearings? Determine whether there is probable cause to detain persons arrested without a warrant

Question 34

34. Testimony

Answer 34

pg. 39 – Your job is to honestly and completely present the facts, know the strengths of your case, know the weaknesses of your case, have confidence in your material, answer only the questions asked, use good eye contact with the jury 35. Sequestration Order – Do not discuss your testimony or the case with anyone; also called separation of witnesses. Prevents a witness from being influenced by the testimony of another witness

Question 35

35. Sequestration Order – Do

Answer 35

– Do not discuss your testimony or the case with anyone; also called separation of witnesses. Prevents a witness from being influenced by the testimony of another witness

Question 36

36. Roles in the court

Answer 36

why does the district court magistrate conduct hearings? Determine whether there is probable cause to detain persons arrested without a warrant

Question 37

37. Jury Expectations:

Answer 37

a. They expect you to tell the truth b. They expect clear and concise info c. They expect you to be impartial d. They expect you to have concern for them collectively and as individuals e. They expect you to be prepared f. They expect you to be clean and neat and to look professional

Question 38

38. Things that Jurors Do Not Like:

Answer 38

a. Refusing to look at them b. Talking down to them, as if they are not smart enough to understand c. Disrespect for the judge d. Improper Speech e. Poor Posture f. Wasting their time g. Being cocky h. Bias toward prosecution i. Not being fully prepared j. Being defensive for no reason

Question 39

39. Types of Direct Evidence:

Answer 39

a. Oral: testimony by competent witness b. Real: objects and items admitted into evidence c. Documentary: written or otherwise recorded d. Demonstrative: any display or visual presentation

Question 40

40. Hearsay Evidence Exceptions:

Answer 40

a. Dying Declaration b. Confessions c. Spontaneous Exclamations d. Public records or business records e. Unavailable witness f. Fresh complaint: rape/assault victim that reports the incident to someone else in a reasonable amount of time

Question 41

41. PG. 90 – brady disclosure – extends Brady requirements to police and prosecutors

Answer 41

a. In 1963, the Supreme Court of the US held in the case of Brady v. Maryland, that the prosecution in a criminal trial has duty to disclose to the defense, upon request, material information that is exculpatory of the defendant. b. Supreme court held that the Brady disclosure is required even if the defense has not specifically requested it – including the police. c. Pg. 92 – impeachment evidence and credibility – if there is material evidence, court could move to impeach the testimony of an officer

Question 42

42. RULE 320 – SECTION 8:

Answer 42

A police officer shall immediately notify the prosecutor of a case in which he is involved of all material facts which could affect the prosecution of the case as soon as such facts become known to him.

Question 43

43. Pg. 92 – 5 items that MUST be disclosed about an officer:

Answer 43

a. Crimes committed by the officer b. Incidents involving untruthfulness by the officers c. Incidents involving dishonesty by the officer d. Matters indication bias of the officer – matters revealing bias on the part of a witness are almost universally regarded as proper subjects for impeachment. Even bias from PAST deeds can also have serious consequences. e. Use of excessive force and other officer misconduct