COURT PROCEDURE Flashcards
30 POINTS (36 cards)
______ An out of court statement offered… and cannot be used as evidence
Hearsay
_______ 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)
Arraignment
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?
COMM V LONG
If summoned by the District court and Superior Court. Which court will the officer attend first?
District Court first!
Any evidence gathered shall be given to the ______ of cases in which is involved of all material facts?
Prosecutor
How many overtime slips shall an officer file when attending 2 individual courts in a single day?
1 overtime slip
Separate all witnesses in out of court to prevent?
Sequestration
Why was the main reason why Comm V Long was a case?
Racially Motivated
Comm V Long is motor vehicle based stop, what is the case for pedestrians?
Comm V Robinson-Van Rader
What type of evidence is favorable to the defendant?
Exculpatory evidence
What rule states that if evidence is gathered illegally, it cannot be used against the defendant in court?
Exclusionary rule
A trial before the judge only is called?
Bench Trial
A trial before the judge and jury is called?
Jury trial
An elected official who is in charge of representing the citizens of a county in criminal cases.
District Attorney
Lawyer who represents the defendant in a criminal case
Defense Attorney
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?
Supervisor of Cases
An allegation made by one or more people before a proper magistrate that another person has committed a designated crime. This is known as?
Complaint
In criminal law, the person is charged with the commission of a crime. Known as?
Defendant
An accusation in writing found and presented by a grand jury…charging that a person, named therein, has committed a specific crime.
Indictment
That which takes place when in a criminal case tried to a jury the defendant is found not guilty. This is known as?
Acquittal
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?
Conviction
A court that focuses on all misdemeanors and all violations of city/town ordinance, by laws? What court?
District Court
Exclusively have original jurisdiction in first-degree murder cases and higher crime cases. What court is responsible for these cases?
Superior Court
The formal process of exchanging information between parties about the witness and evidence they will present at trial. This is known as?
Discovery