COURT PROCEDURE Flashcards

30 POINTS (36 cards)

1
Q

______ An out of court statement offered… and cannot be used as evidence

A

Hearsay

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

_______ the calling of the defendant to the bar of the court to answer the accusation contained in the indictment or complaint (bring the person to court)

A

Arraignment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Long Motion: A YVSF unit on patrol in the afternoon in an unmarked vehicle turned down a residential street and observed a vehicle being driven by, as they observed, a black male. The officers conducted an MDT query that revealed the vehicle’s inspection sticker had expired. The officers stopped the car; the driver was found to have a suspended license and outstanding warrant. The driver, Edward Long, was arrested. A firearm was located in a bag on the rear passenger seat during an inventory search. The defense subsequently filed a motion to suppress arguing that the stop was the product of selective enforcement based upon Long’s race.

WHAT CASE IS THIS?

A

COMM V LONG

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

If summoned by the District court and Superior Court. Which court will the officer attend first?

A

District Court first!

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Any evidence gathered shall be given to the ______ of cases in which is involved of all material facts?

A

Prosecutor

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

How many overtime slips shall an officer file when attending 2 individual courts in a single day?

A

1 overtime slip

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Separate all witnesses in out of court to prevent?

A

Sequestration

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Why was the main reason why Comm V Long was a case?

A

Racially Motivated

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Comm V Long is motor vehicle based stop, what is the case for pedestrians?

A

Comm V Robinson-Van Rader

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What type of evidence is favorable to the defendant?

A

Exculpatory evidence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What rule states that if evidence is gathered illegally, it cannot be used against the defendant in court?

A

Exclusionary rule

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

A trial before the judge only is called?

A

Bench Trial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

A trial before the judge and jury is called?

A

Jury trial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

An elected official who is in charge of representing the citizens of a county in criminal cases.

A

District Attorney

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Lawyer who represents the defendant in a criminal case

A

Defense Attorney

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

District Court in Boston there is a BPD superior officer who is designated at this for that particular court. The officer will report to the?

A

Supervisor of Cases

17
Q

An allegation made by one or more people before a proper magistrate that another person has committed a designated crime. This is known as?

18
Q

In criminal law, the person is charged with the commission of a crime. Known as?

19
Q

An accusation in writing found and presented by a grand jury…charging that a person, named therein, has committed a specific crime.

20
Q

That which takes place when in a criminal case tried to a jury the defendant is found not guilty. This is known as?

21
Q

The result of a trial of a criminal case either before a jury or trial judge in a court of competent jurisdiction which ends in a verdict or finding that the defendant is guilty. This is known as?

22
Q

A court that focuses on all misdemeanors and all violations of city/town ordinance, by laws? What court?

A

District Court

23
Q

Exclusively have original jurisdiction in first-degree murder cases and higher crime cases. What court is responsible for these cases?

A

Superior Court

24
Q

The formal process of exchanging information between parties about the witness and evidence they will present at trial. This is known as?

25
If there is no supervisor of cases in court, who do you go to?
Duty supervisor
26
Evidence gathered illegally will be inadmissible, a defense attorney (lawyer) can file for a motion to?
Suppress
27
A body of persons who are sworn to declare the facts of a case as they are proven from the evidence placed before them. This is a?
Jury
28
Appointed public officials who run the state's court system and are in charge of running the sessions, trials, and hearings (With the exception of magistrate’s hearings) in a court.
Judge
29
The statement of a witness under oath or affirmation.
Testimony
30
A solemn declaration, made under the penalty of perjury, by a person who conscientiously declines taking an oath. (A person that does not believe in god)
Affirmation
31
A solemn affirmation, declaration, or other promise made under a sense of responsibility to God for the truth of what is stated?
Oath
32
A formal application of one found guilty of a crime by a lower court to have his case tried again in a higher court.
Appeal
32
Any information or material that tends to clear a defendant of blame or wrongdoing in a criminal case. Crucial evidence that supports the defendant’s innocence or reduces their culpability.
Exculpatory Evidence
33
Evidence that implies a fact but does not directly prove it. It is the job of the jury to draw conclusions or inferences based on the presented evidence. What type of evidence is this?
Circumstantial Evidence
34
A police officer witnesses a person commit a crime or misdemeanor, what type of evidence is this?
Direct Evidence
35
A police officer witnesses a person commit a crime or misdemeanor, what type of evidence is this?
Cross Examination