Court Procedures Level 2 Flashcards
(25 cards)
Appeal
A formal application of one found guilty of a crime by a lower court to have his case tried again by a higher court
Arraignment
The calling of the defendant to the bar of the court to answer accusation contained in the indictment or complaint
Conviction
The defendant is found guilty
Defendant
The person charged with the commission of the crime
Complaint
An allegation made by one or more persons before a proper magistrate that person has committed a designated crime
Cross Examination
The examination of a witness by the side, which did not call him/her generally after examination in chief
Direct Examination
Examination of a witness by the party or side or side that calls him/her
Discovery
The pretrial process by which one party discovers the evidence that will be relied upon in the trial by the opposing party
Sequestration Witnesses
Keeping all witnesses out of the courtroom and cautioning them not to discuss their testimony with other witnesses
Circumstantial Evidence
All evidence except eyewitness testimony. One example is physical evidence, such as fingerprints. From which an inference can be drawn a conclusion
Hearsay
Statements by a witness who did not see or hear the incident in question but heard about it by someone else.
Bench Trial
Trial without a jury in which the judge decides the facts.
Jury Trials
Jury of peers, Jury=Fact finder
The Three Court System (Hagiarchy)
Superior Court/Boston Municipal Court/District Court
Roles of the court
ADA- represents the citizens of a county in criminal cases brought before the courts in his/her jurisdiction
Defense Attorney- who represents the defendant in a criminal case.
Motion to Suppress
Hearing an officers testify frequently (officer actions and evidence called into questions)
Comm vs Long
A traffic stop motivated in any way by race is unconstitutional,
Comm vs Robinson Van Radar
Pedestrian stops
Primary responsibility of a witness
To tell the truth
Oath
A solemn affirmation, declaration, or other promise made under a sense of responsibility to God for the truth of what is stated
Exculpatory evidence
Evidence that is favorable to the defendant and can help obtain an not-guilty ruling
Brady Giglio
Impeachment credibility of officers challenges credibility (officer being untruthful ON and OFF duty)
Primary of a Witness is to do what
Tell the truth
