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Exam 5 > Federal Court Procedures > Flashcards

Federal Court Procedures Flashcards

1
Q

federal court system hierarchy:

A

1) Supreme Court
2) Circuits Courts of Appeal
3) District Court
4) Magistrate Courts

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2
Q

Supreme Court:

A
  • final authority on interpretation of the law
  • 9 justices
  • draft federal rules
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3
Q

Circuit Court of Appeals:

A
  • 13 federal circuit courts of appeals
  • 11 federal appellate circuits among regions
  • NOMINATED BY THE PRESIDENT, CONFIRMED BY SENATE
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4
Q

District Courts:

A
  • 94 judicial districts

- TRIAL OF ALL FELONY FEDERAL CASES

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5
Q

Magistrate Courts:

A
  • a court contained within each federal district (94)
  • at least one in each district
  • NO FELONY TRIALS
  • can only try class A misdemeanors (if defendant consents)
  • can try any petty offense (class B, class C, or infractions)
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6
Q

who appoints magistrate judges?

A
  • district court judges
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7
Q

what are duties of the magistrate judge?

A
  • receives criminal complaint
  • issues arrest warrants, search warrants, and summons
  • determines conditions for PRETRIAL RELEASE
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8
Q

what is a felony offense?

A
  • punishable by MORE than 1 year or death
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9
Q

what is a misdemeanor?

A
  • punishable by 1 year or LESS
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10
Q

what is a class A misdemeanor?

A
  • more than 6 months, less than 366 days
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11
Q

what is a class B misdemeanor (petty)?

A
  • 31 days to 6 months
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12
Q

what is a class C misdemeanor (petty)?

A
  • 6 days to 30 days
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13
Q

what is an infraction (petty)?

A
  • 5 days or less
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14
Q

who nominates:
- Supreme Court Justices

  • Courts of Appeals Judges
  • District Court Judges
A
  • the president, confirmed by the senate
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15
Q

what are 3 ways to get an arrest warrant?

A
  • criminal complaint
  • information
  • grand jury indictment
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16
Q

criminal complaint

A
  • prepared by LEO
  • can use a criminal complaint to get an ARREST WARRANT or SUMMONS then make arrest
  • the officer can also file the criminal complaint after the arrest in order to STATE THE CHARGES before the initial appearance
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17
Q

information:

A
  • filed by US Attorney
  • list of criminal charges
  • routinely used to charge misdemeanor offenses
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18
Q

grand jury indictment:

A
  • a list of charges brought by grand jury
  • needs 12 members to agree on PC a crime was committed
  • 23 members total
19
Q

what information does an arrest warrant have on it?

A
  • who is being arrested

- the offense

20
Q

what is a summons?

A
  • requires defendant to appear in court at a certain time and place.
21
Q

what is a ticket/citation?

A
  • another way to get a person to show up to court.
22
Q

who usually conducts initial appearances?

A
  • magistrate judges
23
Q

what should you do immediately after the arrest but before the initial appearance?

A
  • notify pretrial services arrest and location of defendant

- they will then write up if the defendant is a flight risk

24
Q

what is an LEOs responsibility after the arrest?

A
  • requirement and timing of the Initial Appearance
25
Q

what is the standard for getting a defendant in front of a judge?

A
  • WITHOUT UNNECESSARY DELAY
26
Q

what is a safe zone?

A
  • under 6 hours
27
Q

what is the purpose of the initial appearance?

A
  • to inform the defendant of the charges

- bail may also be considered at this time.

28
Q

if a suspect is arrested in a certain district:

A
  • the initial appearance has to be in that district of arrest.
29
Q

can a PLEA deal be made at an initial appearance?

A

NO, it is a non adversarial hearing

30
Q

bail reform act of 1984 requires the pre trial release of the defendant based on:

A
  • his personal recognizance

- an unsecured appearance bond

31
Q

what are the exceptions to the bail reform act of 1984?

A
  • flight risk

- danger to public safety

32
Q

if the defendant fails to appear in court:

A
  • this is called bail jumping
  • it tacks on an additional charge
  • CONSECUTIVE sentencing to original charge
33
Q

corley v US

A
  • statements given within safe zone (6 hours) are admissible

- any statements after 6 hours can be SUPPRESSED depending on the situation.

34
Q

who tries class A misdemeanor cases?

A
  • magistrate judge, if defendant consents
35
Q

where are felony cases tried?

A
  • in district courts
36
Q

where do criminal JURY trails take place?

A
  • in district courts
37
Q

what cases can a magistrate try without consent?

A
  • class B
  • class C
  • infractions
38
Q

what is decided at a detention hearing?

A
  • the decision to release the defendant without bail
39
Q

where do you take the defendant for their initial appearance if it is an OUT OF DISTRICT ARREST?

A
  • to the district of arrest
  • to the district ADJACENT if faster than the district of arrest
  • to the district where they committed the crime if adjacent to the district of arrest and they can do it on the same day!
40
Q

removal hearing

A
  • transferring the criminal from the district of arrest to the district where the crime occurred to stand trial
41
Q

identity hearing

A
  • AUSA must prove identity of suspect on the warrant
42
Q

how to prove suspects identity:

A
  • admission
  • fingerprints
  • produce witness who can identity or match description
43
Q

Summons

Subpoenas

A

Summons - can be served directly to person listed on summons or by leaving a copy with a person of “suitable age” at the residence

Subpoena - must be served directly to person listed on subpoena

44
Q

What can a judge decide at an initial appearance?

A
  • to release defendant on his own recognizance
  • to release defendant on bail
  • to conduct a detention hearing at that exact time if both parties are ready
  • to detain for a detention hearing

Exam 5 (9 decks)

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