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Exam 5 > Federal Court Procedures 2 > Flashcards

Federal Court Procedures 2 Flashcards

1
Q

what are your options besides arresting a Congressperson?

A
  • traffic citation
  • subpoena
  • summons
  • prosecution
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2
Q

what are the exceptions where you CAN arrest a congressperson?

A
  • felonies

- breach of peace

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3
Q

what procedure must you follow if you arrest a juvenile?

A
  • miranda rights
  • notify parents of rights
  • notify AUSA
  • take to a magistrate judge FORTHWITH
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4
Q

can you give out information about the arrest of a juvenile to the media?

A
  • HELL NO
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5
Q

what is the Vienna Convention on Consular Relations (VCCR)?

A
  • the protocol for the treatment of FOREIGN NATIONALS arrested in the US as well as for US citizens arrested by foreign governments.
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6
Q

who is a foreign national?

A
  • any person who is not a US citizen
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7
Q

what are the general notice requirements required by the VCCR?

A
  • the foreign national must be told of the RIGHT OF CONSULAR NOTIFICATION AND ACCESS.
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8
Q

who is the consular official and what does he do?

A
  • they provide assistance to foreign nationals by:
    • arranging legal representation
    • contacting family members
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9
Q

if foreign national is not on the country on the mandatory list:

A
  • Basic Rule applies:
    • must inform the foreign national without delay of the OPTION to have his consular official notified upon detention
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10
Q

if a foreign national is ON the country on the mandatory list:

A
  • Special Rule applies:

- must notify that countries consular official of ARREST or DETENTION of their foreign national WITHOUT DELAY

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11
Q

what is the purpose of a preliminary hearing?

A
  • to determine if PC exists
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12
Q

what happens if the judge determines there’s no PC?

A
  • case is dismissed

or

  • although AUSA may still seek an indictment
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13
Q

what happens if the judge determines there IS PC?

A
  • further proceedings (GRAND JURY INDICTMENT)
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14
Q

in what situations are the preliminary hearing NOT conducted?

A
  • if an indictment or information is obtained before the arrest

or

  • if an information or indictment is filed before
    • 14 days if subject is in custody
    • 21 days if subject is not in custody
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15
Q

what happens at the arraignment?

A
  • proceeding to advise defendant of nature of charges, including punishment
  • where PLEAS are entered
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16
Q

what is diplomatic immunity?

A
  • a subject who can’t be arrested for any criminal offense.
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17
Q

what do you do after you VERIFY the persons diplomatic status?

A
  • do not arrest
  • investigate and prepare report
  • do not handcuff
  • do not search or frisk their person, vehicle or belongings
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18
Q

what happens if their status is NOT verified?

A
  • treat them like any other suspect.
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19
Q

what is the two fold function of the grand jury?

A
  • accusatory: return indictments

- investigatory: investigate crimes WITHIN district

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20
Q

what is the jurisdiction of the grand jury?

A
  • crimes within district
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21
Q

how is grand jury selected?

A
  • selected by random drawing by clerk of the court
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22
Q

how long do they serve?

A
  • generally for 18 months

- possible 6 month extension

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23
Q

what is empaneling the grand jury?

A
  • empaneled by the district court judge
  • consist of 23 persons
  • 16 grand jurors minimum present when grand jury sits
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24
Q

describe grand jury setting:

A
  • in a special private room

- formal

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25
Q

who guides the grand jury?

A
  • AUSA
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26
Q

who is present in the room when a witness testifies before the grand jury?

A
  • AUSA
  • interpreter
  • court reporter
  • members of the grand jury
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27
Q

who is present when the grand jury votes?

A
  • ONLY THE GRAND JURY
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28
Q

what rights does the target have before the grand jury?

A
  • none, he does not have the right to be present or even have his attorney present!
29
Q

how is evidence presented before the grand jury?

A
  • the AUSA presents evidence to GJ

- witnesses, documents,

30
Q

how many votes are required for an indictment?

A
  • agreement of 12 jurors (TRUE BILL OF INDICTMENT)
31
Q

what is a sealed indictment?

A
  • keeping the indictment secret until the defendant is in custody in order to avoid tipping off the defendant
32
Q

when does the grand jury’s power end?

A
  • once an indictment has been returned on a charge
33
Q

what are some situations where a grand jury subpoena will be useful?

A
  • officer seeks consent to search but the person refuses consent
  • an officer may request a search warrant BUT there may not be PC for the warrant
  • an officer may request a court order for information but the judge refuses it
34
Q

what’s the legal standard for getting a grand jury subpoena?

A
  • must be served to the person named in subpoena ONLY
35
Q

A subpoena Ad Testificandum

A
  • commands appearance of a witness
36
Q

A subpoena Duces Tecum

A
  • commands person to produce specific materials (books, papers, data)
37
Q

what happens if you fail to comply with a subpoena?

A
  • contempt of court
38
Q

what is quashing a subpoena?

A
  • a request to cancel the subpoena

- this request may be granted, denied, or modified to limit what the person must provide.

39
Q

what is quashing a subpoena?

A
  • a request to cancel the subpoena

- this request may be granted, denied, or modified to limit what the person must provide.

40
Q

what is the legal requirement for a subpoena?

A
  • RELEVANT to the investigation
41
Q

what are the limitations on the use of grand jury subpoena?

A
  • may only investigate crimes in their DISTRICT
  • may only investigate criminal (NOT CIVIL)
  • may not compel a person to submit to an interview
42
Q

what are “grand jury matters”?

A
  • information protected by grand jury secrecy rules which officers can not disclose
43
Q

what are items included in “grand jury matters”?

A
  • names of witnesses
  • testimony of witness/officer
  • documents subpoena’d by the grand jury
  • other grand jury matters
44
Q

how do you get a grand jury subpoena?

A
  • contact AUSA’s office and request
45
Q

advantages of using an Inspector General subpoena:

A
  • no secrecy rules
  • criminal or civil matters

-

46
Q

who may disclose grand jury matters?

A
  • a private citizen
  • an AUSA
  • never the officer
47
Q

when can AUSA release info on grand jury matters?

A
  • for the purpose of enforcing federal criminal law
  • to another AUSA to enforce law
  • to another grand jury
  • a grand jury testimony of a person who later testifies at a trial (jencks act)
  • foreign intelligence
48
Q

what is the 6 e list?

A
  • a list of persons the AUSA has authorized to see grand jury matters
  • officers may disclose grand jury matters only to those on that list.
49
Q

if your name is on the 6 e list, can you disclose grand jury matters to people who are not on the list?

A
  • NO
50
Q

charging document for a CAPITAL FELONY:

A
  • indictment

- District Court

51
Q

charging document for a non CAPITAL FELONY:

A
  • indictment, unless waived, then by information

- District Court

52
Q

charging document for a MISDEMEANOR:

A
  • information

- District Court

53
Q

charging document for a class A misdemeanor:

A
  • complaint

- magistrate court

54
Q

charging document for a PETTY OFFENSE:

A
  • complaint

- magistrate court

55
Q

what is discovery?

A
  • when the defense is entitled to know what evidence the government has
56
Q

who responds to discovery?

A
  • the defense
57
Q

what is discoverable under rule 16?

A
  • upon request, government must disclose MOST statements made by the defendant, if intending to use statement at trial!
58
Q

what is not discoverable under rule 16?

A
  • reports of witness interviews or recorded statements

- internal government documents made by you or AUSA (MOI, reports, memoranda)

59
Q

what is the Brady doctrine?

A
  • must give to defense any evidence that is FAVORABLE to the accused
60
Q

examples of exculpatory evidence:

A
  • information supporting an alibi
  • information supporting an affirmative defense
  • evidence that another may have committed the charged offense
61
Q

what is a giglio?

A
  • government witness impeachment
62
Q

what is discoverable under giglio?

A
  • any evidence affecting the credibility of a govt witness
63
Q

example of giglio:

A
  • payment of money for information or testimony
  • lied in an investigation
  • past or pending criminal charges
  • specific instances of inconsistent statements
64
Q

jencks act:

A
  • must give defense any prior statements of trial witnesses in possession of govt.
65
Q

rule 26.2

A
  • extends jencks act requirements beyond trials to other court proceedings such as suppression or detention hearings
66
Q

who prepares pre sentencing report?

A
  • US Probation office
67
Q

what goes in pre sentencing report?

A
  • a specific sentencing recommendation
68
Q

what is the officers role in the sentencing phase?

A
  • TO COMPLY WITH REQUEST FOR INFORMATION FROM THE PROBATION OFFICER

Exam 5 (9 decks)

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