CPL- Session 1 Flashcards
As per Article 10 of the CPL, criminal courts are comprised of:
The criminal courts are comprised of the Superior Courts and the Local Criminal Courts.
What defines a Superior Court?
A Superior Court means the Supreme Court or a County Court.
FAMILY COURT is a superior court
What defines a Local Criminal Court?
A Local Criminal Court means a District Court, New York City criminal court, City Court, Town Court, Village Court, or a Superior Court Judge sitting as a Local Criminal Court.
What is the trial jurisdiction of Superior Courts?
Superior Courts have trial jurisdiction of all offenses and exclusive trial jurisdiction of felonies.
Felonies CAN start in a Local Court but NEVER go to trial or conclude
What can Superior Court Judges do regarding Local Criminal Courts?
Superior Court Judges may sit as Local Criminal Courts for conducting arraignments, issuing warrants of arrests, or issuing search warrants.
NO TRIAL FOR ANY OFFENSE
What is the trial jurisdiction of Local Criminal Courts?
Local Criminal Courts have trial jurisdiction of all offenses other than felonies and preliminary jurisdiction of all offenses.
Where does jurisdiction generally lie according to Article 20?
Jurisdiction generally lies where the conduct occurred, was attempted, or had a specific result.
What is one condition for jurisdiction in homicide cases?
Jurisdiction exists where the victim’s body or a part thereof was found in the county/city, town, or village.
A county where a crime did not occur can have jurisdiction in what scenarios:
- the conduct had, or was likely to have, a particular effect upon a county/city,town, or village and was performed with intent that it would, or with knowledge that it was likely to, have such particular effect.
- the offense committed was attempt, conspiracy or criminal solicitation to commit
a crime in such county/city, town, or village.
What are the jurisdictional boundary distances for counties and cities, towns, villages etc.?
500 yds between counties
100 yds between cities, towns, villages etc
If the commission of a crime passes through multiple jurisdictions where can the crime be prosecuted?
The crime can be prosecuted in any jurisdiction through which the commission passed.
Ex. kidnapping suspect drives through multiple counties
Train or aircraft - any jurisdiction traveled through or the location where the trip terminated or was scheduled to
What are the jurisdictional rules in a case of identity theft or unlawful possession of identifying information?
Subjects may be prosecuted in any county where part of the offense took place or the place where the victim resides.
What is the statute of limitations for most
* felonies
* misdemeanors
* petty offenses
- felonies- 5 years
- misdemeanors- 2 years
- petty offenses- 1 year
What is the statute of limitations for Class A felonies?
There is no statute of limitations for Class A felonies.
What special rule applies to certain 1st Degree sex felonies?
There is no statute of limitations for certain ‘bad’ 1st Degree sex felonies contained in the code word C-A-I-R.
C- Course of sexual conduct against a child 1st
A- Age sex abuse 1st
I- Incest 1st
R- Rape 1st
Explain the statute of limitation rules for terrorism felonies (PL Article 490):
NO STATUTE OF LIMITATIONS- act results:
* in death
* the forseeable risk of death
* SPI
8 years- Terrorism felony that does not meet the above criteria
What is the effect of tolling on the statute of limitations?
The statute of limitations may be ‘suspended’ or ‘tolled’ under certain circumstances.
- Defendant leaves the state or whereabouts are unknown and continuiously unascertainable by exercise of due diligence
- May be extended for a maximum of 5 years
- felonies- 5 years & 5 = 10
- misdemeanors- 2 years & 5 = 7
- petty offenses- 1 year & 5 = 6
What are the rules for extension of the statute of limitations for misconduct in office comitted by public servants
Public servant commits a job related offense
- May be prosecuted as long as they remain a public servant
- May be prosecuted up to 5 years after they leave office
IN NO EVENT MAY THE LIMITATIONS BE EXTENDED MORE THAN 5 YEARS
What is required for a conviction based on UNSWORN testimony?
A person may not be convicted solely upon unsworn evidence.
The unsworn testimony must be coroborated
What must a witness understand to give sworn evidence?
A witness must understand:
* the difference between the truth and a lie
* the necessity for telling the truth
* witnesses who liue may be punished
NOTE:
Individuals less than 9 years of age or individuals who do not understand these differences may give unsworn testimony which must be coroborated to obtain a conviction
Individuals less than 9 years of age CAN give sworn testimony if they prove to the judge they understnad these differences
What is required for a conviction based on accomplice testimony?
A person cannot be convicted solely on the basis of accomplice testimony absent corroboration.
CORROBORATION is a necessity, (prevents one person from making up a story)
What circumstances make statements involuntary
- Obtained by anyone under the threat of force, undue pressure, etc
- Via a promise that creates a significant risk the defendant may falsely incriminate themselves
- In violation of a constitituional right
Can a person be convicted based solely on a confession
NO
There must be additional proof that the offense charged has been comitted
Ex. Murder- must be proof the person a suspect confesses to murdering was in fact killed by SOMEONE.
Pre trial witness identifications as evidence are permissible so long as:
The ID was conducted under a blind or blinded procedure
