Federal Court Procedures Flashcards by Patrick R

EPO #1

The only federal court that can try misdemeanors?

US District Court

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EPO #1

What types of cases can US magistrates try?

Infractions, even if defendant does not consent

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EPO #1

What can USMJ’s try with a defendants consent?

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

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EPO #1

Order the federal courts from highest to lowest.

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

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EPO #2

What does a summons do?

Requires the defendant to appear

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EPO #2

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

Get an arrest warrant for the defendant

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EPO #2

What does an arrest warrant do?

Commands that the defendant be arrested

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EPO #2

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

Indictment 
Information (charged by the AUSA)
Criminal Complaint

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EPO #3

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

“without unnecessary delay”

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EPO #3

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

When their appearance cannot be reasonably assured

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EPO #3

What will the judge do at an initial appearance?

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

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EPO #3

What is a detention hearing?

USMJ determines whether the defendant is held without bail

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EPO #4

What is an identity hearing?

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

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EPO #4

What is removal of the defendant?

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

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EPO #4

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

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

District of arrest = District of the crime

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

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

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EPO #5

What should you do when a suspect claims diplomatic immunity?

detain them until you verify immunity with the Department of State

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EPO #5

What should you do when you arrest a juvenile?

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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EPO #5

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

Do Not Arrest. Prepare an incident report.

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EPO #6

Why do we follow the VCCR?

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

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EPO #6

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

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

EPO #6

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

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

EPO #6

When must you notify if the VCCR applies?

Without Delay

EPO #7

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

YES

EPO #7 | What is a defendant asked to do at an arraignment?

Defendant is asked to plea

EPO #7 | What is the magistrates role at a preliminary hearing?

Determine whether there is PC to continue the case

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?

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

EPO #8 | What is the standard of proof for a Grand Jury Indictment?

Probable Cause

EPO #8 | Where can Grand Jury investigat crimes?

Can only investigate crimes that occur in their own district

EPO #8 | Is hearsay permissible in a GJ hearing? Do witness see each other testify?

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

EPO #8 | Can GJ testimony be used in another proceeding to impeach a witness?

YES, as long as they testify in another proceeding

EPO #8 | What should you use to prevent the target (or anyone else) from knowing that there has been an indictment?

A Sealed Indictment

EPO #9 | What is a subpeona "Duces Tecum"

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

EPO #9 | What is the Standard of Proof to get a GJ subpeona?

Relevance

EPO #9 | Where can a GJ investigate crimes?

Only in the district in which they sit

EPO #10 | Who can give information Grand Jury information from one district to another?

Only the AUSA

EPO #10 | What types of purposes may GJ info NOT be shared/used for?

Civil and Non-Criminal purposes

EPO #10 | Can Non-GJ information be shared?

YES

EPO #10 | Who can the list of witnesses that are appearing before the GJ be shared with?

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

EPO #10 | When can you NOT waive your right to a GJ?

In Capital Cases (murder)

EPO #10 | Can you release GJ info to people in your office?

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

EPO #11 | For Capital Cases, what is the only document that the defendant can be tried by?

An Indictment

EPO #11 | What documents can a defendant be prosecuted by for non-capital felonies?

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

EPO #11 | What is an Information?

A statement of charges by the AUSA

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?

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

EPO #12 - Discovery | If you have knowledge that the LEO lied in another investigation, do you have to disclose this to the defense?

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

EPO #12 - Discovery | Does Rule 16 require that the defense get all statements made by the Defendant?

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

EPO #12 - Discovery | Under Rule 16, does the defense have to receive all of the statements made by witnesses?

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

EPO #15 | Who conducts the Pre-Sentencing Investigation (PSI)?

Probation Services Officer (PSO)

EPO #15 | Should LEO's provide PSO's assistance when they are conducting the PSI?

YES

EPO #15 | Who prepares the Pre-Sentencing Report (PSR)? What is the PSR used for?

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

EPO #15 | What should the LEO do with any relevant information that he has concerning the PSI or the sentencing of the defendant?

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