Federal Court Procedures Flashcards
1. Al is convicted of drug trafficking in U.S. District Court. Where would he appeal this conviction? A. Supreme Court B. Circuit Court C. State Court D. He has no right to appeal.
Answer: B. The Circuit Court of Appeals hears all appeals from convictions in District Court. If the Supreme Court did consider this case, it would not do so until after the Circuit Court made a decision. The state court systems do not consider appeals of federal cases.
2. Dan Defendant has been arrested for felony drug trafficking. Where will his trial be held? A. Magistrate Court B. District Court C. Circuit Court D. Supreme Court
Answer: B. The District Court presides over felony trials. The Magistrate Court judge can conduct many non-trial proceedings in a felony trial, but he cannot preside over a felony trial itself. The Circuit Court and Supreme Court could only consider appeals from this case.
- Smith is charged with a serious misdemeanor for which he could be sentenced to up to one year in prison if found guilty. Where will his trial be held?
A. It must be held in the District Court.
B. It must be held in the Magistrate Court.
C. It must be held in the Circuit Court.
D. It can be held in either the District Court or the Magistrate Court, depending on Smith.
Answer: D. The Magistrate Court can preside over any misdemeanor trial. However, for a Class A misdemeanor, (anything beyond a “petty offense,” meaning any offense for which the defendant could be sentenced to imprisonment for more than 6 months but up to one year), the defendant has the right to insist on trial in the District Court. If the defendant waives his right to be tried in District Court, the trial will be held in Magistrate’s Court.
Federal Court Procedures Practice Exam 84 4. Special Agent Smith has probable cause that Joe Criminal purchased a small amount of marijuana. Rather than arrest Criminal, Agent Smith would like Joe Criminal ordered to come into court on his own to answer to the charges. Agent Smith would have Joe Criminal served with: A. an arrest warrant B. a subpoena ad testificandum C. a subpoena duces tecum D. a summons
Answer: D. A summons directs a person to appear in court at a specific time and place regarding the crime charged in the summons. An arrest warrant commands an officer to make an arrest. A subpoena requires the appearance of a witness.
5. Special Agent Smith has concluded his investigation of Joe Criminal for drug trafficking. Agent Smith explains his case to the AUSA. The AUSA accepts the case and obtains an indictment from the Grand Jury. Agent Smith obtains an arrest warrant and arrests Joe Criminal. When must Agent Smith prepare the criminal complaint? A. never B. prior to indictment C. prior to arrest D. after arrest
Answer: A. A criminal complaint can be used to establish probable cause in support of a warrantless arrest. A criminal complaint can also be used to obtain an arrest warrant. However, when an indictment is used to obtain an arrest warrant, there is no need for a criminal complaint.
- Special Agent Smith made a warrantless arrest of Joe Criminal for drug trafficking. When must Agent Smith prepare the criminal complaint?
A. never
B. after arrest, but before the Initial Appearance
C. prior to arrest, but after receiving approval by the AUSA
D. after Indictment, but before the Preliminary Hearing
Answer: B. The criminal complaint is used to establish probable cause in support of the warrantless arrest at the Initial Appearance.
- Joe Criminal is arrested and taken to his Initial Appearance. What will happen there?
A. The Magistrate Judge will explain to the defendant the criminal charges and his rights.
B. The Grand Jury will determine if there is probable cause Joe Criminal committed the crime charged.
C. The defense attorney will present evidence of defendant’s innocence.
D. The AUSA will explain to the defendant the criminal charges and his rights.
Answer: A. The Magistrate Judge will explain the charges to the defendant and advise the defendant of his rights. Evidence is not presented at an initial appearance.
- Smith is arrested following indictment for drug trafficking. Pending his trial, will he be held in custody by the government?
A. No, the government has no Constitutional right to incarcerate someone who has not been found guilty.
B. Yes, following a felony arrest the defendant must remain in custody until found not guilty.
C. Smith may be released pre-trial, if Smith can demonstrate that an electronic monitoring device is sufficient to guarantee he will not leave his home.
D. Smith must be released pre-trial, unless the government establishes he is a danger to the community or a flight risk.
Answer: D. Defendants must be released pending trial unless the government demonstrates they are a flight risk or a danger to the community. Many facts can be considered in this determination, including: the seriousness of the charged offense, the defendant’s ties to the local community, and the defendant’s past criminal record.
Federal Court Procedures Practice Exam
89
9. Federal Agent Johnson just arrested Carl Criminal based on a warrant for drug trafficking. Procedurally, should he:
A. Complete booking procedures, then take Criminal to his Initial Appearance when directed by the Magistrate.
B. Take Criminal to his Initial Appearance when directed by the Magistrate, then complete booking procedures.
C. Complete booking procedures, but the Initial Appearance is not required since Criminal was arrested on a warrant.
D. Take Criminal to the Initial Appearance when directed by the Magistrate, but booking procedures are unnecessary since Criminal was arrested on a warrant.
Answer: A. Whenever someone is arrested, they will be processed by the officer through the routine booking process. This would include fingerprinting, photographing, and taking basic biographical information from the suspect. The defendant would then go to the Magistrate Judge for his Initial Appearance without unnecessary delay, whether or not he was arrested pursuant to a warrant.
- Joe Citizen goes to visit Congressman Johnson at Johnson’s office on Capitol Hill. Citizen criticizes Congressman Johnson so much that Johnson loses his temper and starts beating Joe Citizen. Federal law enforcement officers are called to the scene. These officers:
A. could not arrest Congressman Johnson because Members of Congress are immune from arrest
B. could not arrest Congressman Johnson because he is in his office on Capitol Hill
C. could arrest Congressman Johnson because he has committed a crime other than a non-violent misdemeanor
D. could not arrest Congressman Johnson, but they could detain him until impeachment proceedings begin
Answer: C. Congressman are not immune from prosecution. They are subject to felony arrest like any other person. However, they cannot be arrested for a non-violent misdemeanor while working as Congressman or traveling to or from work as a Congressman. They could be issued a citation.
- Congressman Johnson is walking from his Capitol Hill office to the Capitol Building to attend a session of Congress. He intentionally throws some trash down on the street, committing the misdemeanor offense of littering. Federal law enforcement Officer Smith observes this misdemeanor being committed. Officer Smith:
A. could not arrest Congressman Johnson because Members of Congress can never be arrested
B. could not arrest Congressman Johnson because Congress is in session
C. could arrest Congressman Johnson because Members of Congress have no special privilege from being arrested
D. could not arrest Congressman Johnson, but could detain him until impeachment proceedings begin
Answer: B. Congressman are not immune from prosecution. They are subject to felony arrest like any other person. However, they cannot be arrested for a non-violent misdemeanor while working as Congressman or traveling to or from work as a Congressman. They could be issued a citation.
- Joe Criminal robbed a bank in Brunswick, Georgia. Brunswick is in the Southern District of Georgia. Special Agent Smith arrested Joe Criminal in Macon, Georgia. Macon is in the Middle District of Georgia, adjacent to the Southern District of Georgia.
Where could Special Agent Smith take Joe Criminal for his initial appearance?
A. the Middle District of Georgia
B. the Southern District of Georgia if the Initial Appearance could be held on the day of arrest
C. either A or B
D. any Federal court with jurisdiction over Joe Criminal’s offense
Answer: C. The initial appearance may always be held in the District of arrest. However, if the arrest is made in a District adjacent to the one in which the crime occurred, the defendant may be taken to that District for his Initial Appearance if the Initial Appearance can be held on the day of arrest.
- After being indicted, Joe Criminal was arrested for drug trafficking. When will his Preliminary Hearing be held?
A. as soon as possible following the arrest
B. after the Initial Appearance, but before the Arraignment
C. after Arraignment, but prior to trial
D. never
Answer: D. If an individual has been indicted or charged by information, they will not have a Preliminary Hearing.
- What happens at the Preliminary Hearing?
A. The Grand Jury decides if there is probable cause for the case to continue.
B. The Magistrate Judge decides if there is probable cause for the case to continue.
C. The Defendant must prove there is no probable cause for the case to continue.
D. The Defendant must enter a plea.
Answer: B. The Preliminary Hearing is an adversarial proceeding before the Magistrate Judge. At the Preliminary Hearing, the government has the burden of proving that there is probable cause the case should continue.
- What happens at the Arraignment?
A. The Grand Jury decides if there is probable cause for the case to continue.
B. The Magistrate Judge decides if there is probable cause for the case to continue.
C. The Defendant must prove there is no probable cause for the case to continue.
D. The Defendant enters a plea.
Answer: D. The primary purpose of the Arraignment is for the Defendant to enter a plea.
- The Grand Jury decides:
A. if probable cause exists to issue an Indictment
B. if probable cause exists to issue an Information
C. if Defendant is guilty or not guilty
D. if a Preliminary Hearing is necessary
- The Grand Jury decides:
A. if probable cause exists to issue an Indictment
- Special Agent Johnson is investigating Joe Criminal for illegal drug activity. As part of this investigation, Agent Johnson attempted to interview Willy Witness. Willy Witness appears to have information regarding Joe Criminal’s illegal activity, but is unwilling to voluntarily answer Agent Johnson’s questions. Regarding Willy Witness, Agent Johnson should:
A. make no further effort since no one can make Willy Witness talk
B. offer Willy Witness money or other things of value to encourage him to cooperate
C. arrest Willy Witness for obstruction of justice
D. arrange with the AUSA to have Willy Witness subpoenaed to testify before the Grand Jury
Answer: D. Requiring an individual to appear before the Grand Jury is how the government can make uncooperative witnesses provide information. The government should not simply give up on this witness, nor should it offer him a bribe for his testimony. The mere refusal of this witness to answer questions when approached by a law enforcement officer does not constitute obstruction of justice.
18. You are a Federal law enforcement officer and want Willy Witness to appear before the Grand Jury and testify. Who do you see about getting a Grand Jury subpoena? A. the Judge B. the Grand Jury foreperson C. the Court Reporter D. the Assistant U.S. Attorney
Answer: D. The Assistant U.S. Attorney is the person who will issue subpoenas to appear before the Grand Jury.
19. You want Willy Witness to appear before the Grand Jury and testify. Willy Witness should be served with a: A. summons testificandum B. testimonial warrant C. subpoena duces tecum D. subpoena ad testificandum
Answer: D. The subpoena ad testificandum orders a person to appear and testify.
- You are a Federal law enforcement agent investigating Carl Criminal. During your investigation, you witness Carl Criminal sell drugs on the street corner to a 12 year old girl. You then testify before the Grand Jury about this observation. Which of the following information could you tell your friends who are not involved in the investigation of Carl Criminal?
A. You could only tell them about witnessing the drug transaction.
B. You could tell them about witnessing the drug transaction, and that you testified before the Grand Jury. However, you could not tell them what you told the Grand Jury.
C. You could tell them about witnessing the drug transaction, and testifying before the Grand Jury, including the substance of your testimony before the Grand Jury.
D. You couldn’t tell them anything about this case.
Answer: A. The witnessing of the drug transaction is not a “grand jury matter” and therefore, not secret under the grand jury secrecy rules. Accordingly, this information could be shared with others. However, the Grand Jury secrecy rules forbid the law enforcement officer from discussing the substance of his testimony before the Grand Jury. They also prevent him from stating he testified as a witness before the Grand Jury investigating Carl Criminal.
