SABT 2 F Legal Resource & Procedure 09-04 Flashcards
2 Describe the Officer of Chief Counsels online legal resources including the quarterly legal update
-
1 Describe ATF Office of Chief Counsel organization structure and how to interact with div counsels.
- Member of the executive staff and principal legal advisor to the director, deputy director and assistant directors.
- Responsible for performing all of the legal services related to alcohol, tobacco, firearms, explosives, arson and administrative law
- 3 supervisor Philly, charlotte, and Chicago
3 ID the resources ava at DOJNET, most particulary the USABOOK
- Go to ATF Intranet
- Go to DOJ Net
- Go to USABook
4 ID how Federal districts and circuits are structured.
- 94 Federal Judicial districts located around the country
- 12 judicial circuits
- There is a US Attorney Office in each district, can cover an entire state
- Each of the 94 offices has one US Attorney appointed by the president confirmed by the senate
5 ID how the US Attorneys office are structured and the issues that arise in criminal case including Brady and Giglio, Rule 16 and Jencks.
- Brady-Exculpatory Evidence to defense even if bad for your case
- GIGLIO-Information Regarding Government witnesses credibility= let defense know about integrity issues with witness
- Rule 16 and =Defense can ask for items= all statements made by defendant, defendants prior record, tests gov intends to use, written summary of expert testimony the GOV expects to use at trial
- The Jencks Act
- Mistakes
- The Gov may have to disclose any and all impeachment and other discovery info to the court or opposing counsel, including certain personal information.=Giglio
6 Describe how a grand jury operates, and ID the importance of Rule 6(e), Federal Rules of Criminal Procedure
6(e)=-Matters are secret, cant talk to anyone
exception= an exception for Gov personnel deemed necessary by the prsecuteor ot assist in prosecutor duty to enforce Federal criminal Law
7 ID the key aspects of preparing for and giving court testimony
-1 prepare
2 get with ur AUSA early
3 Tell truth
-be honest, be candid, dont lie
8 ID the Federal Sentencing Guides
-maximum punishment
Judge= Fed sentence guideline book
-exception certain crimes carry minimum guidelines
9 Describe how subpoenas to special agents must be handled.
-talk to your supervisor and Counsel
you must have authorization to testify or give a deposition prior to doing so
Touhy Regulations = handle subpoenas
10 ID the process that occurs if a special agent is sued under Bivens
-Bivens suits against LEO for constitutional torts
-Usually forth amendment violations
-Qualified immunity - the defense, and agents Judge= absolute immunity and prosecutors
Act Reasonable and in good faith
Discretionary Functions
Not violating clearly established law (could be SW, arrest Warrants)
-notify ATF counsel and supervisor ASAP, DOJ involvement(request representation), get Professional Liability Insurance = $300 per year
Legal research online
- 2 Attory each district
- DOJ intranet=
- USAB= resources that are helpful, updated by DOJ
- 94 federal districts = 13 circuits,
- Brady =exculpatroy material turned over
- Gillio-
- Rule 16-
- Jencks-turn over writing to defense
- GJury keep mouth closed 6(e) list, agents, secretary, SAC,
- Ct testimony tell truth
- Ct guidlines -set guidlines
- Subpoena- = Touhy get permission, TELL AUSA
- Bivins= qualified immunity if acted reasonably
94 Federal Judicial Districts around the country
- 12 judicial circuits
- US Attorney who is appointed by the President (confirmed by the Senate)
None go across state line
DOJ Net USA BOOK
online help sites
Govern disclosure of official records and information by ATF agents
- Set forth procedures for responding to request and demands for ATF records or testimony
- Touhy regulations are procedural regulation that allow an agency to decide whether and to what extent it will comply with a demand for testimony or documents
- Need approval before testifying
Touhy Regulations = govern what we can do
