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Test 5 > Federal Court Procedures > Flashcards

Federal Court Procedures Flashcards

1
Q

EPO #1

The only federal court that can try misdemeanors?

A

US District Court

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2
Q

EPO #1

What types of cases can US magistrates try?

A

Infractions, even if defendant does not consent

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3
Q

EPO #1

What can USMJ’s try with a defendants consent?

A

They can try misdemeanors, if there is no consent they get tried in the US District Court

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4
Q

EPO #1

Order the federal courts from highest to lowest.

A

USSC
United States Court of Appeals
United States District Court
United States Magistrate Court

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5
Q

EPO #2

What does a summons do?

A

Requires the defendant to appear

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6
Q

EPO #2

What should you as a LEO do after getting an indictment on a defendant?

A

Get an arrest warrant for the defendant

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7
Q

EPO #2

What does an arrest warrant do?

A

Commands that the defendant be arrested

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8
Q

EPO #2

In order to get arrested for a misdemeanor, what document can you use?

A 
Indictment 
Information (charged by the AUSA)
Criminal Complaint
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9
Q

EPO #3

After arresting the defendant, when must you take him to the USMJ?

A

“without unnecessary delay”

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10
Q

EPO #3

When will the judge NOT release the defendant on bail or bond?

A

When their appearance cannot be reasonably assured

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11
Q

EPO #3

What will the judge do at an initial appearance?

A

Advise the defendant of the charges against him, advise him of his rights

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12
Q

EPO #3

What is a detention hearing?

A

USMJ determines whether the defendant is held without bail

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13
Q

EPO #4

What is an identity hearing?

A

Where it is determined whether the person arrested is the right person

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14
Q

EPO #4

What is removal of the defendant?

A

Where the defendant is taken from the district of arrest to the district of the crime

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15
Q

EPO #4

Where must the initial appearance be held if the defendant is arrested in the district of the crime?

A

Initial appearance MUST be held in the district of the crime.

District of arrest = District of the crime

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16
Q

EPO #4
Where is the initial appearance when the defendant is arrested in a district other than the district where the crime occurred.

A

This depends on how promptly the initial appearance can be held.

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17
Q

EPO #5

What should you do when a suspect claims diplomatic immunity?

A

detain them until you verify immunity with the Department of State

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18
Q

EPO #5

What should you do when you arrest a juvenile?

A

Advise the parents of juvenile’s Miranda rights and do not contact the media.

Also, you can attempt a Miranda waiver on the juvenile and attempt to question them.

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19
Q

EPO #5

What should you do if a Congress person commits a misdemeanor or larceny, and Congress is in session?

A

Do Not Arrest. Prepare an incident report.

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20
Q

EPO #6

Why do we follow the VCCR?

A

Because it is a mutual TREATY obligation that protects our citizens abroad.

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21
Q

EPO #6

What is a consular representative allowed to do if you arrest a foreign national?

A

He is allowed to visit the detainee and arrange for legal respresentation, but he is NOT allowed to act as their lawyer

22
Q

EPO #6

What is the least that you must do when you arrest a foreign national?

A

You must at least advise them that they can have their consular officials notified.

23
Q

EPO #6

When must you notify if the VCCR applies?

A

Without Delay

24
Q

EPO #7

When a judge finds no PC in a preliminary hearing, can a case still be prosecuted on an indictment?

A

YES

25
Q

EPO #7

What is a defendant asked to do at an arraignment?

A

Defendant is asked to plea

26
Q

EPO #7

What is the magistrates role at a preliminary hearing?

A

Determine whether there is PC to continue the case

27
Q

EPO #7
Can a LEO be called to testify at a preliminary hearing? Is he subject to cross examination? Can his testimony in the preliminary be used at a later proceeding to impeach him?

A

Officers can be called, cross examined, and testimony can be used to impeach them

28
Q

EPO #8

What is the standard of proof for a Grand Jury Indictment?

A

Probable Cause

29
Q

EPO #8

Where can Grand Jury investigat crimes?

A

Can only investigate crimes that occur in their own district

30
Q

EPO #8

Is hearsay permissible in a GJ hearing? Do witness see each other testify?

A

Hearsay is permissible in a GJ, witnesses do not see each other testify

31
Q

EPO #8

Can GJ testimony be used in another proceeding to impeach a witness?

A

YES, as long as they testify in another proceeding

32
Q

EPO #8

What should you use to prevent the target (or anyone else) from knowing that there has been an indictment?

A

A Sealed Indictment

33
Q

EPO #9

What is a subpeona “Duces Tecum”

A

Subpeona that tells witness to bring documents (or objects) and testify about them

34
Q

EPO #9

What is the Standard of Proof to get a GJ subpeona?

A

Relevance

35
Q

EPO #9

Where can a GJ investigate crimes?

A

Only in the district in which they sit

36
Q

EPO #10

Who can give information Grand Jury information from one district to another?

A

Only the AUSA

37
Q

EPO #10

What types of purposes may GJ info NOT be shared/used for?

A

Civil and Non-Criminal purposes

38
Q

EPO #10

Can Non-GJ information be shared?

A

YES

39
Q

EPO #10

Who can the list of witnesses that are appearing before the GJ be shared with?

A

NOBODY, unless they are on the 6(e) List

40
Q

EPO #10

When can you NOT waive your right to a GJ?

A

In Capital Cases (murder)

41
Q

EPO #10

Can you release GJ info to people in your office?

A

You cannot release GJ info to anyone in your office unless they are on the investigation AND on the 6(e) list

42
Q

EPO #11

For Capital Cases, what is the only document that the defendant can be tried by?

A

An Indictment

43
Q

EPO #11

What documents can a defendant be prosecuted by for non-capital felonies?

A

Prosecuted by Indictment of Information (only if the defendant waives)

44
Q

EPO #11

What is an Information?

A

A statement of charges by the AUSA

45
Q

EPO #12 - Discovery
If you have knowledge of an eye witness that says the Defendant did not commit the crime, do you have to disclose this to the defense?

A

YES, BRADY requires that the gov’t give the defense any EXCULPATORY (favorable) info

46
Q

EPO #12 - Discovery

If you have knowledge that the LEO lied in another investigation, do you have to disclose this to the defense?

A

YES, GIGLIO requires that the gov’t give IMPEACHMENT information that is known to the prosecution, to the defense

47
Q

EPO #12 - Discovery

Does Rule 16 require that the defense get all statements made by the Defendant?

A

NO, Rule 16 requires that the Defense get MOST statements of the defendant, but not internal memos, or statements the Defendant made to non-LEO’s or those he didn’t know were LEO’s

48
Q

EPO #12 - Discovery

Under Rule 16, does the defense have to receive all of the statements made by witnesses?

A

NO, Rule 16 does NOT require that statements of all witnesses be provided to defense

49
Q

EPO #15

Who conducts the Pre-Sentencing Investigation (PSI)?

A

Probation Services Officer (PSO)

50
Q

EPO #15

Should LEO’s provide PSO’s assistance when they are conducting the PSI?

A

YES

51
Q

EPO #15

Who prepares the Pre-Sentencing Report (PSR)? What is the PSR used for?

A

The PSO prepares the PSR. The PSR is used by the Judge in determing the sentence for the defendant

52
Q

EPO #15

What should the LEO do with any relevant information that he has concerning the PSI or the sentencing of the defendant?

A

He should tell the PSO so it can be included in the PSR

Test 5 (4 decks)

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