Federal Court Procedures Flashcards
Identify the methods of causing a defendant to appear before a United States Magistrate Judge.
Criminal complaint - prepared by LEO. States charge along with facts establishing PC sworn to in front of judge
AUSA information - list of charges brought by US attorney, routinely used to charge misdemeanors, or felonies if defendant waives indictment.
Grand Jury Indictment - list of charges brought by grand jury
Identify the structure and functions of the Federal court system, and the duties of US Federal District Court and Magistrate Court Judges.
Supreme Court - final authority on the interpretation of federal law.
US circuit court of appeals - appellate jurisdiction only. Decisions are only binding on the courts within its circuit.
US District court - federal felony trial courts.
US magistrate court - hear class A misdemeanor if the defendant consents. Hears petty offenses, Pre-trial hearings such as initial appearance, detention hearings, bond hearings.
Identify the proper procedures to follow immediately after arrest and the purpose of and procedure at the initial appearance and detention hearing.
SIA. Initial Appearance - taken in front of judge without unnecessary delay. Maximum of 48 hours.
Identify the proper procedures to follow immediately after arrest and the purpose of and procedure at the initial appearance and detention hearing.
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Identify the proper procedure to follow when a criminal incident involves a diplomat or Congressperson and the proper procedure after the arrest of a juvenile
Diplomat - verify status with department of state. Do not arrest.
Members of congress - privileged from arrest while congress is in session and while going to and from
Juvenile - automatically mirandize, notify AUSA, contact parents, no media release
Identify the procedures when the defendant is arrested in a district other than where the crime occurred, and the purpose of a removal and identity hearing.
If arresting defendant in district where crime occurred have initial appearance in the district of arrest.
If arresting defendant in district other than where crime occurred, initial appearance should be in district of arrest or adjacent district if can get there more promptly.
If arresting defendant in district adjacent to where crime occurred, take him home to the district where crime occurred if can get him there on the day of arrest.
Identify the requirement for, and the procedures at, the preliminary hearing and arraignment.
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Identify the function and purpose of the grand jury.
Indictments - issue True Bill or No Bill. If probable cause is met, they issue a True Bill
Criminal investigations - have jurisdiction to investigate crimes. Can issue subpoenas for testimony and evidence.
Service 18 months
Panel 16-23 members, need 12 to indict.
Witness testifying only AUSA, grand jury, court reporter, and translator are present. When voting to indict, only grand jury is present
Identify the types and uses of grand jury subpoenas.
Subpoena Ad Testificandum - commands the appearance of a witness to testify.
Subpoena Duces Tecum - commands the person to produce specific books, papers, data, objects or documents designated in the subpoena.
Legal standard - relevancy. Hand delivery only
Identify the rules governing secrecy proceedings of the grand jury, the limited dissemination of grand jury information, and the Leo’s responsibilities regarding the use of grand jury material.
Grand jury matters may not be disclosed and must remain secret. However, the following may disclose grand jury matters:
Non government witnesses, district court or AUSA
Identify the documents required to formally accuse a defendant.
Capital - indictment only
Non capital felony - indictment unless waived, and then by information
Misdemeanor - information
Misdemeanor (magistrate) - complaint
Petty offenses - citation or violation notices
Identify discovery under Fed R. Crim Pro 16, the Brady Doctrine, Giglio v US
Any recorded or written statement made by the defendant that is relevant to the case to include grand jury testimony.
Brady - government must disclose any exculpatory evidence such as information supporting alibi, supporting defendant’s defense…
Giglio - government must disclose information that tends to impeach any government trial witnesses, including LEOs
Jencks Act and Rule 26.2
Jencks - AUSA must give the defense any prior statements of a trial witness.
Rule 26 requires prior witnesses statements o be given to defense at suppression or detention hearings.
Identify the responsibilities of the federal LEO to liaison with the US Probation Office in preparing the pre-sentencing report.
If you have information that would assist the probation officer, make it available.
