Federal Court Procedures 2 Flashcards
1
Q
what are your options besides arresting a Congressperson?
A
- traffic citation
- subpoena
- summons
- prosecution
2
Q
what are the exceptions where you CAN arrest a congressperson?
A
- felonies
- breach of peace
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
4
Q
can you give out information about the arrest of a juvenile to the media?
A
- HELL NO
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.
6
Q
who is a foreign national?
A
- any person who is not a US citizen
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.
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
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
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
11
Q
what is the purpose of a preliminary hearing?
A
- to determine if PC exists
12
Q
what happens if the judge determines there’s no PC?
A
- case is dismissed
or
- although AUSA may still seek an indictment
13
Q
what happens if the judge determines there IS PC?
A
- further proceedings (GRAND JURY INDICTMENT)
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
15
Q
what happens at the arraignment?
A
- proceeding to advise defendant of nature of charges, including punishment
- where PLEAS are entered
16
Q
what is diplomatic immunity?
A
- a subject who can’t be arrested for any criminal offense.
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
18
Q
what happens if their status is NOT verified?
A
- treat them like any other suspect.
19
Q
what is the two fold function of the grand jury?
A
- accusatory: return indictments
- investigatory: investigate crimes WITHIN district
20
Q
what is the jurisdiction of the grand jury?
A
- crimes within district
21
Q
how is grand jury selected?
A
- selected by random drawing by clerk of the court
22
Q
how long do they serve?
A
- generally for 18 months
- possible 6 month extension
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
24
Q
describe grand jury setting:
A
- in a special private room
- formal
25
who guides the grand jury?
- AUSA
26
who is present in the room when a witness testifies before the grand jury?
- AUSA
- interpreter
- court reporter
- members of the grand jury
27
who is present when the grand jury votes?
- ONLY THE GRAND JURY
28
what rights does the target have before the grand jury?
- none, he does not have the right to be present or even have his attorney present!
29
how is evidence presented before the grand jury?
- the AUSA presents evidence to GJ
| - witnesses, documents,
30
how many votes are required for an indictment?
- agreement of 12 jurors (TRUE BILL OF INDICTMENT)
31
what is a sealed indictment?
- keeping the indictment secret until the defendant is in custody in order to avoid tipping off the defendant
32
when does the grand jury's power end?
- once an indictment has been returned on a charge
33
what are some situations where a grand jury subpoena will be useful?
- 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
what's the legal standard for getting a grand jury subpoena?
- must be served to the person named in subpoena ONLY
35
A subpoena Ad Testificandum
- commands appearance of a witness
36
A subpoena Duces Tecum
- commands person to produce specific materials (books, papers, data)
37
what happens if you fail to comply with a subpoena?
- contempt of court
38
what is quashing a subpoena?
- a request to cancel the subpoena
| - this request may be granted, denied, or modified to limit what the person must provide.
39
what is quashing a subpoena?
- a request to cancel the subpoena
| - this request may be granted, denied, or modified to limit what the person must provide.
40
what is the legal requirement for a subpoena?
- RELEVANT to the investigation
41
what are the limitations on the use of grand jury subpoena?
- may only investigate crimes in their DISTRICT
- may only investigate criminal (NOT CIVIL)
- may not compel a person to submit to an interview
42
what are "grand jury matters"?
- information protected by grand jury secrecy rules which officers can not disclose
43
what are items included in "grand jury matters"?
- names of witnesses
- testimony of witness/officer
- documents subpoena'd by the grand jury
- other grand jury matters
44
how do you get a grand jury subpoena?
- contact AUSA's office and request
45
advantages of using an Inspector General subpoena:
- no secrecy rules
- criminal or civil matters
-
46
who may disclose grand jury matters?
- a private citizen
- an AUSA
- never the officer
47
when can AUSA release info on grand jury matters?
- 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
what is the 6 e list?
- 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
if your name is on the 6 e list, can you disclose grand jury matters to people who are not on the list?
- NO
50
charging document for a CAPITAL FELONY:
- indictment
| - District Court
51
charging document for a non CAPITAL FELONY:
- indictment, unless waived, then by information
| - District Court
52
charging document for a MISDEMEANOR:
- information
| - District Court
53
charging document for a class A misdemeanor:
- complaint
| - magistrate court
54
charging document for a PETTY OFFENSE:
- complaint
| - magistrate court
55
what is discovery?
- when the defense is entitled to know what evidence the government has
56
who responds to discovery?
- the defense
57
what is discoverable under rule 16?
- upon request, government must disclose MOST statements made by the defendant, if intending to use statement at trial!
58
what is not discoverable under rule 16?
- reports of witness interviews or recorded statements
| - internal government documents made by you or AUSA (MOI, reports, memoranda)
59
what is the Brady doctrine?
- must give to defense any evidence that is FAVORABLE to the accused
60
examples of exculpatory evidence:
- information supporting an alibi
- information supporting an affirmative defense
- evidence that another may have committed the charged offense
61
what is a giglio?
- government witness impeachment
62
what is discoverable under giglio?
- any evidence affecting the credibility of a govt witness
63
example of giglio:
- payment of money for information or testimony
- lied in an investigation
- past or pending criminal charges
- specific instances of inconsistent statements
64
jencks act:
- must give defense any prior statements of trial witnesses in possession of govt.
65
rule 26.2
- extends jencks act requirements beyond trials to other court proceedings such as suppression or detention hearings
66
who prepares pre sentencing report?
- US Probation office
67
what goes in pre sentencing report?
- a specific sentencing recommendation
68
what is the officers role in the sentencing phase?
- TO COMPLY WITH REQUEST FOR INFORMATION FROM THE PROBATION OFFICER
