Court Procedures Level 2 Flashcards

1
Q

Appeal

A

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

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2
Q

Arraignment

A

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

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3
Q

Conviction

A

The defendant is found guilty

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4
Q

Defendant

A

The person charged with the commission of the crime

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5
Q

Complaint

A

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

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6
Q

Cross Examination

A

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

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7
Q

Direct Examination

A

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

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8
Q

Discovery

A

The pretrial process by which one party discovers the evidence that will be relied upon in the trial by the opposing party

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9
Q

Sequestration Witnesses

A

Keeping all witnesses out of the courtroom and cautioning them not to discuss their testimony with other witnesses

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10
Q

Circumstantial Evidence

A

All evidence except eyewitness testimony. One example is physical evidence, such as fingerprints. From which an inference can be drawn a conclusion

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11
Q

Hearsay

A

Statements by a witness who did not see or hear the incident in question but heard about it by someone else.

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12
Q

Bench Trial

A

Trial without a jury in which the judge decides the facts.

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13
Q

Jury Trials

A

Jury of peers, Jury=Fact finder

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14
Q

The Three Court System (Hagiarchy)

A

Superior Court/Boston Municipal Court/District Court

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15
Q

Roles of the court

A

ADA- represents the citizens of a county in criminal cases brought before the courts in his/her jurisdiction

Defense Attorney- who represents the defendant in a criminal case.

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16
Q

Motion to Suppress

A

Hearing an officers testify frequently (officer actions and evidence called into questions)

17
Q

Comm vs Long

A

A traffic stop motivated in any way by race is unconstitutional,

18
Q

Comm vs Robinson Van Radar

A

Pedestrian stops

19
Q

Primary responsibility of a witness

A

To tell the truth

20
Q

Oath

A

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

21
Q

Exculpatory evidence

A

Evidence that is favorable to the defendant and can help obtain an not-guilty ruling

22
Q

Brady Giglio

A

Impeachment credibility of officers challenges credibility (officer being untruthful ON and OFF duty)

23
Q

Primary of a Witness is to do what

A

Tell the truth

24
Q
A
25
Q

Rule 320

A

When law enforcement officers are knowledgeable of laws ordinances