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Exam 3 > Federal Court Procedures > Flashcards

Federal Court Procedures Flashcards

1
Q

Trial court where the defendant was found guilty or not guilty by the judge or jury

Witnesses testify under oath and evidence is presented

Normal Court - rules on cases

Federal Court Procedures

A

ORIGINAL JURISDICTION;

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2
Q

Court that conducts a review of what happened at the trial court

Court only reviews the record for legal errors committed at the trial level

Court does not entertain new evidence or testimony

Federal Court Procedures

A

APPELLATE JURISDICTION;

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3
Q

Maximum sentence more than one year imprisonment or death

Trial Court - District Court

Charging Documents - Indictment or Information (with waiver)

Discuss the classifications of criminal offenses.

Federal Court Procedures

A

FELONY;

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4
Q

More than 6 months up to 1 year imprisonment

Trial Court - District Court (unless waived)/Magistrate Court (with waiver)

Charging Documents - Information or Complaint

Discuss the classifications of criminal offenses.

Federal Court Procedures

A

CLASS A MISDEMEANOR;

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5
Q

Trial Court - Magistrate Court

Petty Offenses

Charging Documents - Information, Complaint, or Violation Notice/Citation

Discuss the classifications of criminal offenses.

Federal Court Procedures

A

CLASS B MISDEMEANOR;

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6
Q

Trial Court - Magistrate Court

Petty Offenses

Charging Documents - Information, Complaint, or Violation Notice/Citation

Discuss the classifications of criminal offenses.

Federal Court Procedures

A

CLASS C MISDEMEANOR;

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7
Q

Trial Court - Magistrate Court

Petty Offenses

Charging Documents - Violation Notice/Citation

Discuss the classifications of criminal offenses.

Federal Court Procedures

A

INFRACTION;

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8
Q

Offenses where the maximum imprisonment is 6 months or less (Class B, C and infractions)

Discuss the classifications of criminal offenses.

Federal Court Procedures

A

PETTY OFFENSE;

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9
Q
  1. U.S. Supreme Court
  2. U.S. Circuit Courts of Appeals
  3. U.S. District Court
  4. U.S. Magistrate Courts
    * Superior Court - State Court

Name the federal courts in order from highest to the lowest

Federal Court Procedures

A

HIGHEST TO LOWEST;

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10
Q

Appointed by the President of the U.S. and approved by the Senate (expect for Magistrate Judges)

Life service (Magistrate Judges - do not have a life service)

Name the federal courts in order from highest to the lowest

Federal Court Procedures

A

FEDERAL JUDGES;

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11
Q

Only court created by the U.S. Constitution

Has both appellate and original jurisdiction

Has 9 judges who decide by majority vote which is 4 out of 9

Hears cases on appeal by discretion only

Name the federal courts in order from highest to the lowest

Federal Court Procedures

A

U.S. SUPREME COURT;

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12
Q

13 Circuit Courts around the U.S.

Have appellate jurisdiction only

Decision is only binding on the courts within its circuit

Name the federal courts in order from highest to the lowest

Federal Court Procedures

A

U.S. CIRCUIT COURTS

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13
Q

Only court that can hear the trial on felony cases

94 district courts around the U.S.

Can hear Class A misdemeanor offenses, but only if the defendant does not consent to it being heard by the magistrate court

Name the federal courts in order from highest to the lowest

Federal Court Procedures

A

U.S. DISTRICT COURTS;

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14
Q

Hears Class A misdemeanors, if the defendant consents; during a Class A only

Hears petty offenses

Can Hear pre-trial hearings such as the initial appearance, detention hearings, etc.

Name the federal courts in order from highest to the lowest

Federal Court Procedures

A

U.S. MAGISTRATE COURTS;

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15
Q

No federal criminal prosecution can begin without one of the following four charging documents

A violation notice (or citation)
Criminal Complaint
Criminal Information
Criminal Indictment

Federal Court Procedures

A

CHARGING DOCUMENTS;

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16
Q

Prepared by LEO. States a charge along with facts establishing probable cause, sworn to in front of a judge

Legal Documents Used to Start a Case

Federal Court Procedures

A

CRIMINAL COMPLAINT;

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17
Q

List of charges brought by U.S. attorney and routinely used to charge misdemeanors, or felonies if the defendant waives indictment

AUSA is responsible for preparing

Legal Documents Used to Start a Case

Federal Court Procedures

A

CRIMINAL INFORMATION;

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18
Q

List of charges brought by members of the community selected to serve. The jury decides indictment based on probable cause

Only Grand Jury can approve, 12 or more members find probable cause

Legal Documents Used to Start a Case

Federal Court Procedures

A

CRIMINAL INDICTMENT;

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19
Q

Commands defendant to be arrested and brought before judge. Obtained using a criminal complaint, AUSA information or grand jury indictment

Must show copy to the defendant

Getting Defendant Before the Judge

Federal Court Procedures

A

ARREST WARRANTS;

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20
Q

Notice to appear in court to answer to criminal charges at stated date and place in summons.

Obtain by using a criminal complaint, AUSA information or grand jury indictment

Served by US Marshalls or other Federal Officers, personally

Getting Defendant Before the Judge

Federal Court Procedures

A

SUMMONS;

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21
Q

Persons-served by hand delivery or by leaving a copy of the summons at the defendant’s residence with a person of suitable age

Corporations-served on corporate representative and sending a copy in the U.S. mail

U.S. Marshals and other federal officers serve summonses by personally delivering a copy

Getting Defendant Before the Judge

Federal Court Procedures

A

SUMMON SERVICE;

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22
Q

Based on probably cause and defendant is in the public area when arrest is made, committed a felony offense or when a misdemeanor was committed in their presence

Getting Defendant Before the Judge

Federal Court Procedures

A

WARRANTLESS ARREST;

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23
Q

Conduct search incidents to arrest

Files a criminal complaint before the initial appearance if arrest was warrantless

Take defendant to approved detention facility

Make arrangements to transport defendant to initial appearance

What Happens After Arrest

Federal Court Procedures

A

WHAT HAPPENS AFTER ARREST;

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24
Q

Defendant’s first court appearance after arrest

Defendant is told the criminal charges

Defendant is read his constitutional rights

Pre-trial release (bond) is determined

Initial Appearance

Federal Court Procedures

A

INITIAL APPEARANCE;

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25
Q

Without unnecessary delay

Maximum 48 hours from arrest

Remedy for violation of rule is release from custody

Congress gives (6 hour safe zone) to delay for purpose of getting statements from defendant, but after 6 hours statements may not be admissible

Timing on initial appearance

Federal Court Procedures

A

TIMING ON INITIAL APPEARANCE;

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26
Q

Defendant is released from jail while his trial date is still pending

Judge determines pretrial release

In federal system, release is preferred unless his attendance cannot be assured

Factors are nature of crime, contacts with community, flight risk, etc.

Pre-Trial Release

Federal Court Procedures

A

PRE-TRIAL RELEASE;

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27
Q

Pre-trial services officer interviews defendant prior to the initial appearance and makes recommendation to the judge regarding whether a bond should be given.

You are not given a copy of that recommendation

Pre-trial Services Office

Federal Court Procedures

A

PRE-TRIAL SERVICES OFFICE;

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28
Q

Hearing where the defendant is permitted to present evidence about whether he should get a bond

Hearing occurs either at the initial appearance or up to 10 days after the initial appearance

Release is preferred on his own personal recognizance

Detention Hearing

Federal Court Procedures

A

DETENTION HEARING;

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29
Q

Judge may place restrictions on defendant while he is on bond waiting his trial date

Examples of restrictions: do not travel outside the district; do not carry firearms, do have contact with the victim, etc.

Conditional Release

Federal Court Procedures

A

CONDITIONAL RELEASE;

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30
Q

Bail revoked
Bail jumping criminal charge
Warrant issued for defendant’s arrest

Sanctions for violating pre-trail release

Federal Court Procedures

A

SANCTIONS FOR VIOLATING PRE-TRIAL RELEASE;

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31
Q

His initial appearance should be in the district of arrest

Where ever the district court is, that’s where the initial appearance will be

Where did they commit the crime and what district did they commit the crime

Example - crime occurs in North Georgia, defendant arrested in North Georgia, his initial appearance is in North Georgia

Initial Appearance: What District?

Federal Court Procedures

A

RULE 1, ARRESTING DEFENDANT IN DISTRICT WHERE THE CRIME OCCURRED;

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32
Q

His initial appearance should be in the district of arrest (arrested in Texas, initial appearance in Texas)

An adjacent district if you can get him there more promptly (arrested in Texas, closer to Oklahoma; will take place in Oklahoma)

Example - crime occurs in North Georgia, arrest occurs in North Florida, his initial approach should be in North Florida, or South Georgia if you can get him there more promptly.

Initial Appearance: What District?

Federal Court Procedures

A

RULE 2/3, ARRESTING DEFENDANT IN DISTRICT WHERE THE CRIME OCCURRED;

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33
Q

Take home to the district where the crime occurred, if you can get him there on the day of arrest (next door)

Otherwise, his initial appearance should be in the district of arrest

Example - crime occurs in North Georgia, eh is arrested in Middle Georgia, take to North Georgia if you can get him there on the day of arrest

Initial Appearance: What District?

Federal Court Procedures

A

RULE 4, ARRESTING DEFENDANT IN DISTRICT WHERE THE CRIME OCCURRED;

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34
Q

The process of transferring the defendant to the district where the crime occurred to stand trial

Initial Appearance: What District?

Federal Court Procedures

A

REMOVAL HEARING;

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35
Q

Hearing where the judge determines the defendant’s identity before transferring him to another district

The judge must determine that the defendant is the same person named in the arrest warrant

When the defendant admits his true name, this requirement is satisfied

Otherwise, the AUSA may have to product witness who can identify the defendant or match description from other evidence

Initial Appearance: What District?

Federal Court Procedures

A

IDENTITY HEARING;

36
Q

Diplomats are representatives of foreign countries who work in the U.S.

Diplomatic immunity means the foreign representative is not responsible for official and sometimes personal activities

Cannot prosecute them

Diplomats

Federal Court Procedures

A

DIPLOMATIC IMMUNITY;

37
Q

Detain to verify diplomatic status
Call Department of State to verify status
If status is verified, do not arrest (detain only)
If status is not verified, treat as arrestee

You may issue traffic tickets for moving violations
Follow this process even if the diplomat has an ID

Diplomats

Federal Court Procedures

A

ENCOUNTERING SOMEONE CLAIMING IMMUNITY;

38
Q

LEO’S can stop and cite diplomats for moving traffic violations. This is not considered detention or arrest. Diplomat may not be compelled to sign a citation.

Serious traffic incidents (DWI, DUI, personal injury accidents) LEO may offer sobriety test, but the diplomat may not be required to take it. As may refuse the offer of a ride, taxi, or friend transportation.

Vehicles may not be impounded or booted, but may be towed to prevent obstructing traffic.

Diplomats

Federal Court Procedures

A

DIPLOMATS, TAFFIC INCIDENTS;

39
Q

Privileges from physical arrest only during congressional sessions and commuting to and from congressional sessions

No privileges for felony offenses and breach of the peace

You may issue traffic tickets and prosecute the crime

Members of Congress

Federal Court Procedures

A

MEMBERS OF CONGRESS;

40
Q

Automatically Mirandize
Notify AUSA attorney about the arrest (must get them in front of a judge right away for initial appearance)
Contact their parents and read Miranda to the parents
Take juvenile before judge for initial appearance
Do not release name, pictures or details about crime to the media without approval of the district court

Juveniles

Federal Court Procedures

A

ARRESTING JUVENILES;

41
Q

An individual who is not a citizen of the United States

Foreign Nationals

Federal Court Procedures

A

FOREIGN NATIONAL;

42
Q

An established protocol between the U.S. and foreign countries about the treatment of foreign nationals arrested in the U.S. as well as for U.S. citizens arrested in other countries

Protocol has the status of treaties

Mutual obligation between U.S. and foreign countries

Foreign Nationals

Federal Court Procedures

A

VCCR (VIENNA CONVENTION ON CONSULAR RELATIONS);

43
Q

In all cases, they must be told of their right to contact their consular official

They must be provided reasonable access to the consular official

Consular official is not their legal representative. He meets with them, helps arrange legal services, etc.

You must contact the Department of State to determine whether notification of the consular official is mandatory

Foreign Nationals

Federal Court Procedures

A

ARRESTING FOREIGN NATIONALS;

44
Q

If the foreign national is from a country on the list of mandatory notification, YOU must contact the consular official without delay

Foreign Nationals

Federal Court Procedures

A

MANDATORY LIST OF NOTIFICATION (SPECIAL RULE);

45
Q

If national is from a country NOT on the list of mandatory notification, then notification is discretionary

But you must still tell the arrested national that they have a right to contact their consular official

Foreign Nationals

Federal Court Procedures

A

DISCRETIONARY NOTIFICATION (BASIC RULE);

46
Q

Proceeding where the government is required to show probable cause for the defendant’s arrest

Required for all offenses except petty offenses

Preliminary Hearings and Arraignments

Federal Court Procedures

A

PRELIMINARY HEARING;

47
Q

Defendant voluntarily waives hearing
Defendant is indicted prior to hearing
AUSA dismisses the case

Preliminary Hearings and Arraignments

Federal Court Procedures

A

PRELIMINARY HEARING NOT REQUIRED;

48
Q

Looks like a mini-trial
Witnesses give testimony under oath
Witnesses are cross-examined

Preliminary hearing is not a trial, there is NO jury and hearsay is admissible

Preliminary Hearings and Arraignments

Federal Court Procedures

A

HOW IS HEARING CONDUCTED?

49
Q

Finding of Probable Cause - case goes forward for further proceedings

Finding of No Probable Cause - case is dismissed, defendant is released from custody

The government can still seek indictment later

Preliminary Hearings and Arraignments

Federal Court Procedures

A

PRELIMINARY HEARING RESULTS;

50
Q

Defendant is told the charges
Defendant is given a copy of the charging documents
Defendant enters a plea to the charges

Preliminary Hearings and Arraignments

Federal Court Procedures

A

ARRAIGNMENT;

51
Q

Indictment - issue “True Bill” or “No Bill” based on the government presentation of facts. If probable cause is met, they issue a True Bill.

Criminal Investigation - have jurisdiction to investigate crimes. They can issue subpoenas for testimony and evidence.

The Grand Jury

Federal Court Procedures

A

GRAND JURY’S RESPONSIBILITY;

52
Q

Jurisdiction - crimes that occur within it’s jurisdiction
Selection - voter’s registration list
Service - 18 months
Panel - 16-23 members; 12 to indict

The Grand Jury

Federal Court Procedures

A

GRAND JURY JURISDICTION AND SELECTION;

53
Q

Special room in the court set aside for grand jury
AUSA guides the grand jury in secrecy
AUSA, grand jury, witness, court reporter and translator are present during testimony
Only grand jury is present at voting to indict

Judge is not present during proceedings

The Grand Jury

Federal Court Procedures

A

GRAND JURY SETTING;

54
Q

Target has no rights before grand jury. He has no right to be present nor get the entire grand jury transcript.

if target is subpoenaed, he must testify, but can asset his 5th Amendment privilege

Target’s lawyer has no rights to appear, but if target testifies, target may consult lawyer outside in hallway

The Grand Jury

Federal Court Procedures

A

TARGET’S RIGHTS;

55
Q 
Not a Trial
AUSA calls witnesses and asks questions
No cross-examination of witnesses
Proceeding is recorded
Hearsay is admissible

The Grand Jury

Federal Court Procedures

A

PRESENTATION OF EVIDENCE;

56
Q

Indictments are returned in open court as “true bill” or “no bill”

AUSA may ask that indictment be kept secret so it is not returned in open court, i.e. sealed indictment

Purpose of sealed indictment is to prevent flight and destruction of evidence

The Grand Jury

Federal Court Procedures

A

SEALED INDICTMENTS;

57
Q

After the indictment, grand jury power ends
Grand jury has no power to issue subpoenas after an indictment
Once indictment occurs, you may use a trial subpoena to get information

The Grand Jury

Federal Court Procedures

A

GRAND JURY POWER ENDS;

58
Q

You may use the grand jury subpoena to get information when your witnesses will not cooperate or you do not meet the probable cause standard to request a search warrant

The subpoena will get you: bank records, corporate records, leases, contracts, phone records, fingerprints, voice samples, credit card records, etc.

Grand Jury Subpoenas

Federal Court Procedures

A

THE POWER OF THE GRAND JURY SUBPOENA;

59
Q

Subpoena Ad Testificandum - commands the appearance of a witness to testify
Subpoena Duces Tecum - commands the person to product specific items and to testify about them (dude take your stuff)

Legal Standard - information needed is relevant to your investigation
Service of subpoena - hand delivery only

Grand Jury Subpoenas

Federal Court Procedures

A

TYPES OF GRAND JURY SUBPOENAS;

60
Q

Cannot compel a personal interview
Cannot compel privileged testimony
Cannot be used for civil cases
Only limited to jurisdiction where grand jury sits

Grand Jury Subpoenas

Federal Court Procedures

A

LIMITATIONS ON SUBPOENAS;

61
Q

Authorized by the Inspector General’s Act
Can be more flexible than grand jury subpoena
Not subject to rules of secrecy
May be used in civil and criminal cases

Grand Jury Subpoenas

Federal Court Procedures

A

INSPECTOR GENERAL SUBPOENAS;

62
Q

Matters occurring before the grand jury are grand jury matters

The following are grand jury matters:
List of witnesses
Testimony of witnesses
Documents or other items subpoenaed by grand jury
Anything that occurred before the grand jury

Secrecy Requirement

Federal Court Procedures

A

GRANDY JURY MATTERS;

63
Q

Grand jury matters are secret. But the following may disclose grand jury matters:

Private citizens (non government employees) who testify before grand jury
AUSA’s
District Court Judge

Secrecy Requirement

Federal Court Procedures

A

GRAND JURY MATTERS DISCLOSURE;

64
Q

The AUSA can disclose grand jury matters to the following groups:
Federal and state officers for law enforcement
Another AUSA for law enforcement
Another grand jury
Jencks Act - grand jury testimony of a person who later testifies at trial will be provided to the defense
People on 6(e) list

Secrecy Requirement

Federal Court Procedures

A

AUSA DISCLOSURE OF GRAND JURY MATTERS;

65
Q

If you need access to grand jury matters for investigation, you may request access from AUSA on case by case basis

6(e) list is list of persons who the AUSA has authorized to have access to grand jury matters

You may not disclose grand jury matters, or the fact you were a witness to those not on the list

Secrecy Requirement

Federal Court Procedures

A

6(E) LIST;

66
Q

The government is required by the 6th to notify the defendant

A

CHARGING DOCUMENTS;

67
Q

Capital felony - indictment only
Non-capital felony - indictment, or if defendant waives, by information
Misdemeanors - AUSA information or criminal complaint
Petty Offenses - citation, or violation notice

A

WHAT CHARGING DOCUMENTS SHOULD YOU USE?

68
Q

Defense is entitled by law to know what evidence the government has

Information is only disclosed according to specific rules

Government is not required to give over evidence if no rule requires disclosure

AUSA responds to discovery

Defense Access to Government Evidence

Federal Court Procedures

A

DISCOVERY;

69
Q

The Federal Rule of Criminal Procedure 16 (Rule 16)
Brandy v. Maryland
Giglio v. United States
The Juncos Act and Federal Rule 26.2

Defense Access to Government Evidence

Federal Court Procedures

A

WHAT ARE THE DISCOVERY RULES?

70
Q

Upon the request by the defendant and prior to trial, the government must disclose the following:

Any written or recorded statement by defendant
Oral statements made to know LEOs
Defendant’s criminal record
Documents and tangibles which government will offer into evidence
Items obtained from defendant
Reports of examinations and tests

Defense Access to Government Evidence

Federal Court Procedures

A

RULE 16;

71
Q 
Emails and letters between the defendant and his friends
Trila exhibits
Fingerprints comparison
Defendants written confession
Photographs of the crime scene
Scientific Tests
Defendant's Property

Defense Access to Government Evidence

Federal Court Procedures

A

EXAMPLES OF RULE 16 MATERIALS;

72
Q

Reports of witness interviews or recorded statements (may be discoverable under Jencks)

Internal government documents made by you or the AUSA (reports, memoranda, etc.)

Defense Access to Government Evidence

Federal Court Procedures

A

NOT DISCOVERABLE UNDER RULE 16;

73
Q

The government must disclose to the defense exculpatory evidence known to the government

Exculpatory evidence would cast doubt on the defendant’s guilt or might lessen his punishment

Must be provided prior to trial

Defense Access to Government Evidence

Federal Court Procedures

A

BRADY V. MARYLAND;

74
Q

Evidence that another may have committed the offense
Information supporting an alibi
Information supporting defendant’s defense
Other favorable material that might cast doubt on guilt or lessen his punishment

Defense Access to Government Evidence

Federal Court Procedures

A

EXAMPLES OF EXCULPATORY EVIDENCE;

75
Q

AUSA must disclose to defense information that tends to impeach any government trial witnesses, including LEO’s

Defense Access to Government Evidence

Federal Court Procedures

A

UNITED STATES V. GIGLIO;

76
Q

Anything that affects truthfulness of witness
Payment of money for testimony
Past or pending criminal charges
Any credible allegation of misconduct

Defense Access to Government Evidence

Federal Court Procedures

A

EXAMPLES OF GIGLIO INFORMATION;

77
Q

Allegations made by a magistrate court judge, district court judge, or prosecutor
Any allegations that received considerable publicity, even if unsubstantiated
However, the defendant is not entitled to review personnel files of law enforcement personnel. The AUSA makes this determination

Defense Access to Government Evidence

Federal Court Procedures

A

CREDIBLE MISCONDUCT;

78
Q

The AUSA must give the defense any prior statements of a trial witness. AUSA usually gives this information prior to trial.

Defense Access to Government Evidence

Federal Court Procedures

A

JENCKS ACT;

79
Q

A written statement made and signed, or adopted by a witness (agent’s notes)
A recorded statement
Transcript of the witness’s grand jury testimony
Testimony at other court hearings (suppression, probably cause, etc)

Defense Access to Government Evidence

Federal Court Procedures

A

EXAMPLES OF JENCKS ACT MATERIAL;

80
Q

Government evidence may be excluded from trial
A trial continuance may be granted
A mistrial may be declared by the judge
Conviction may be reversed on appeal

Defense Access to Government Evidence

Federal Court Procedures

A

SANCTIONS;

81
Q

Extends the Jencks Act requirements to other court hearings, such as the suppression or detention hearings

Defense Access to Government Evidence

Federal Court Procedures

A

RULE 26.2;

82
Q

The U.S. Department of Justice, Deputy Attorney General has established best practices for eCommunications (2011)

eCommunications include email, text messages, instant messaging, tweets, social networking, etc.

Defense Access to Government Evidence

Federal Court Procedures

A

ELECTRONIC COMMUNICATIONS;

83
Q

Substantive - factual information about the case, including investigation activity, information from interviews with witnesses and experts discussions about the merit of the case (discoverable)

Logistics - travel information, dates, times and ovations of hearings or meeting (not discoverable)

Privileged-attorney-client communications, work product, decision-making communications (not discoverable)

Defense Access to Government Evidence

Federal Court Procedures

A

3 CATEGORIES OF E-COMMUNICATIONS;

84
Q

Each person who is the creator, sender, forwarder, or the primary addressee needs to preserve it

If none of the above applies, the secondary recipient (cc or bcc line) needs to preserve it as soon as possible

If not sure what to do, preserve it as soon as possible

The AUSA responds to discovery

Defense Access to Government Evidence

Federal Court Procedures

A

PRESERVING E-COMMUNICATIONS;

85
Q

Let the AUSA review eCommunications and decide what is discoverable
If you have any questions or doubts, preserve the communications and contact the AUSA
If disclose would affect the safety of a person, comprised the investigation, or jeopardize national security, let the AUSA know

Defense Access to Government Evidence

Federal Court Procedures

A

GIVE E-COMMUNICATIONS TO THE AUSA;

86
Q

For noncapital cases, defendants are sentenced by the trial judge

For capital cases, defendants are sentenced by the jury unless the defendant waives

Pre-sentencing Investigations and Reports

Federal Court Procedures

A

SENTENCING IN THE FEDERAL SYSTEM;

87
Q

Probation officers conduct pre-sentence investigations that consist of interviewing witnesses and reviewing documents

Prepare reports of the sentencing judge

If the probation officer requests information from you, make it available

Pre-sentencing Investigations and Reports

Federal Court Procedures

A

U.S. PROBATION AND PRETRIAL SERVICES OFFICE;

Exam 3 (13 decks)

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