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
2
Q
Supreme Court:
A
- final authority on interpretation of the law
- 9 justices
- draft federal rules
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
4
Q
District Courts:
A
- 94 judicial districts
- TRIAL OF ALL FELONY FEDERAL CASES
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)
6
Q
who appoints magistrate judges?
A
- district court judges
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
8
Q
what is a felony offense?
A
- punishable by MORE than 1 year or death
9
Q
what is a misdemeanor?
A
- punishable by 1 year or LESS
10
Q
what is a class A misdemeanor?
A
- more than 6 months, less than 366 days
11
Q
what is a class B misdemeanor (petty)?
A
- 31 days to 6 months
12
Q
what is a class C misdemeanor (petty)?
A
- 6 days to 30 days
13
Q
what is an infraction (petty)?
A
- 5 days or less
14
Q
who nominates:
- Supreme Court Justices
- Courts of Appeals Judges
- District Court Judges
A
- the president, confirmed by the senate
15
Q
what are 3 ways to get an arrest warrant?
A
- criminal complaint
- information
- grand jury indictment
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
17
Q
information:
A
- filed by US Attorney
- list of criminal charges
- routinely used to charge misdemeanor offenses
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
what is the standard for getting a defendant in front of a judge?
- WITHOUT UNNECESSARY DELAY
26
what is a safe zone?
- under 6 hours
27
what is the purpose of the initial appearance?
- to inform the defendant of the charges
| - bail may also be considered at this time.
28
if a suspect is arrested in a certain district:
- the initial appearance has to be in that district of arrest.
29
can a PLEA deal be made at an initial appearance?
NO, it is a non adversarial hearing
30
bail reform act of 1984 requires the pre trial release of the defendant based on:
- his personal recognizance
| - an unsecured appearance bond
31
what are the exceptions to the bail reform act of 1984?
- flight risk
| - danger to public safety
32
if the defendant fails to appear in court:
- this is called bail jumping
- it tacks on an additional charge
- CONSECUTIVE sentencing to original charge
33
corley v US
- statements given within safe zone (6 hours) are admissible
| - any statements after 6 hours can be SUPPRESSED depending on the situation.
34
who tries class A misdemeanor cases?
- magistrate judge, if defendant consents
35
where are felony cases tried?
- in district courts
36
where do criminal JURY trails take place?
- in district courts
37
what cases can a magistrate try without consent?
- class B
- class C
- infractions
38
what is decided at a detention hearing?
- the decision to release the defendant without bail
39
where do you take the defendant for their initial appearance if it is an OUT OF DISTRICT ARREST?
- 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
removal hearing
- transferring the criminal from the district of arrest to the district where the crime occurred to stand trial
41
identity hearing
- AUSA must prove identity of suspect on the warrant
42
how to prove suspects identity:
- admission
- fingerprints
- produce witness who can identity or match description
43
Summons
Subpoenas
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
What can a judge decide at an initial appearance?
- 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
