Federal Court Procedures Flashcards by Matthew Ramsey

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

ORIGINAL JURISDICTION;

How well did you know this?

Not at all

Perfectly

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

APPELLATE JURISDICTION;

How well did you know this?

Not at all

Perfectly

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

FELONY;

How well did you know this?

Not at all

Perfectly

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

CLASS A MISDEMEANOR;

How well did you know this?

Not at all

Perfectly

Trial Court - Magistrate Court

Petty Offenses

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

Discuss the classifications of criminal offenses.

Federal Court Procedures

CLASS B MISDEMEANOR;

How well did you know this?

Not at all

Perfectly

Trial Court - Magistrate Court

Petty Offenses

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

Discuss the classifications of criminal offenses.

Federal Court Procedures

CLASS C MISDEMEANOR;

How well did you know this?

Not at all

Perfectly

Trial Court - Magistrate Court

Petty Offenses

Charging Documents - Violation Notice/Citation

Discuss the classifications of criminal offenses.

Federal Court Procedures

INFRACTION;

How well did you know this?

Not at all

Perfectly

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

Discuss the classifications of criminal offenses.

Federal Court Procedures

PETTY OFFENSE;

How well did you know this?

Not at all

Perfectly

U.S. Supreme Court
U.S. Circuit Courts of Appeals
U.S. District Court
U.S. Magistrate Courts
* Superior Court - State Court

Name the federal courts in order from highest to the lowest

Federal Court Procedures

HIGHEST TO LOWEST;

How well did you know this?

Not at all

Perfectly

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

FEDERAL JUDGES;

How well did you know this?

Not at all

Perfectly

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

U.S. SUPREME COURT;

How well did you know this?

Not at all

Perfectly

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

U.S. CIRCUIT COURTS

How well did you know this?

Not at all

Perfectly

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

U.S. DISTRICT COURTS;

How well did you know this?

Not at all

Perfectly

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

U.S. MAGISTRATE COURTS;

How well did you know this?

Not at all

Perfectly

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

CHARGING DOCUMENTS;

How well did you know this?

Not at all

Perfectly

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

CRIMINAL COMPLAINT;

How well did you know this?

Not at all

Perfectly

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

CRIMINAL INFORMATION;

How well did you know this?

Not at all

Perfectly

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

CRIMINAL INDICTMENT;

How well did you know this?

Not at all

Perfectly

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

ARREST WARRANTS;

How well did you know this?

Not at all

Perfectly

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

SUMMONS;

How well did you know this?

Not at all

Perfectly

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

SUMMON SERVICE;

How well did you know this?

Not at all

Perfectly

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

WARRANTLESS ARREST;

How well did you know this?

Not at all

Perfectly

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

WHAT HAPPENS AFTER ARREST;

How well did you know this?

Not at all

Perfectly

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

INITIAL APPEARANCE;

How well did you know this?

Not at all

Perfectly

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

TIMING ON INITIAL APPEARANCE;

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

PRE-TRIAL RELEASE;

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

PRE-TRIAL SERVICES OFFICE;

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

DETENTION HEARING;

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

CONDITIONAL RELEASE;

Bail revoked Bail jumping criminal charge Warrant issued for defendant's arrest Sanctions for violating pre-trail release Federal Court Procedures

SANCTIONS FOR VIOLATING PRE-TRIAL RELEASE;

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

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

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

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

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

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

The process of transferring the defendant to the district where the crime occurred to stand trial Initial Appearance: What District? Federal Court Procedures

REMOVAL HEARING;

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

IDENTITY HEARING;

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

DIPLOMATIC IMMUNITY;

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

ENCOUNTERING SOMEONE CLAIMING IMMUNITY;

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

DIPLOMATS, TAFFIC INCIDENTS;

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

MEMBERS OF CONGRESS;

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

ARRESTING JUVENILES;

An individual who is not a citizen of the United States Foreign Nationals Federal Court Procedures

FOREIGN NATIONAL;

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

VCCR (VIENNA CONVENTION ON CONSULAR RELATIONS);

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

ARRESTING FOREIGN NATIONALS;

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

MANDATORY LIST OF NOTIFICATION (SPECIAL RULE);

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

DISCRETIONARY NOTIFICATION (BASIC RULE);

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

PRELIMINARY HEARING;

Defendant voluntarily waives hearing Defendant is indicted prior to hearing AUSA dismisses the case Preliminary Hearings and Arraignments Federal Court Procedures

PRELIMINARY HEARING NOT REQUIRED;

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

HOW IS HEARING CONDUCTED?

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

PRELIMINARY HEARING RESULTS;

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

ARRAIGNMENT;

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

GRAND JURY'S RESPONSIBILITY;

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

GRAND JURY JURISDICTION AND SELECTION;

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

GRAND JURY SETTING;

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

TARGET'S RIGHTS;

``` 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

PRESENTATION OF EVIDENCE;

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

SEALED INDICTMENTS;

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

GRAND JURY POWER ENDS;

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

THE POWER OF THE GRAND JURY SUBPOENA;

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

TYPES OF GRAND JURY SUBPOENAS;

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

LIMITATIONS ON SUBPOENAS;

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

INSPECTOR GENERAL SUBPOENAS;

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

GRANDY JURY MATTERS;

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

GRAND JURY MATTERS DISCLOSURE;

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

AUSA DISCLOSURE OF GRAND JURY MATTERS;

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

6(E) LIST;

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

CHARGING DOCUMENTS;

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

WHAT CHARGING DOCUMENTS SHOULD YOU USE?

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

DISCOVERY;

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

WHAT ARE THE DISCOVERY RULES?

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

RULE 16;

``` 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

EXAMPLES OF RULE 16 MATERIALS;

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

NOT DISCOVERABLE UNDER RULE 16;

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

BRADY V. MARYLAND;

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

EXAMPLES OF EXCULPATORY EVIDENCE;

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

UNITED STATES V. GIGLIO;

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

EXAMPLES OF GIGLIO INFORMATION;

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

CREDIBLE MISCONDUCT;

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

JENCKS ACT;

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

EXAMPLES OF JENCKS ACT MATERIAL;

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

SANCTIONS;

Extends the Jencks Act requirements to other court hearings, such as the suppression or detention hearings Defense Access to Government Evidence Federal Court Procedures

RULE 26.2;

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

ELECTRONIC COMMUNICATIONS;

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

3 CATEGORIES OF E-COMMUNICATIONS;

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

PRESERVING E-COMMUNICATIONS;

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

GIVE E-COMMUNICATIONS TO THE AUSA;

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

SENTENCING IN THE FEDERAL SYSTEM;

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

U.S. PROBATION AND PRETRIAL SERVICES OFFICE;