61-21 Exam 8
Legal Knowledge Assessment
Test your understanding of legal concepts and court procedures with our engaging quiz! This quiz covers various topics related to criminal law, court responsibilities, and offender registration rules.
- Questions on critical legal terminology
- Scenarios involving court procedures
- Assessment of knowledge regarding offender registration
Oath
A formal application of one found guilty of a crime by a lower court to have his case tried again in a higher court
A formal meeting of one found guilty of a crime by a lower court to have his case tried again in a higher court
A solemn affirmation, declaration, or other promise made under a sense of responsibility to God for the truth of what is stated
A solemn declaration, made under the penalty of perjury, by a person who conscientiously declines taking an oath
Affirmation
A formal application of one found guilty of a crime by a lower court to have his case tried again in a higher court
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
A solemn declaration, made under the penalty of perjury, by a person who conscientiously declines taking an oath
: A solemn affirmation, declaration, or other promise made under a sense of responsibility to God for the truth of what is stated
Acquittal
That which takes place when in a criminal case tried to a jury the defendant is found not guilty, or If tried without a jury, he is found not guilty and discharged. The court must have jurisdiction to find him guilty or not.
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
The power to inquire into the facts, to apply the law, and to declare punishment, in a regular course of judicial proceeding
An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or be used later in trial
Deposition
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
An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or be used later in trial
That which takes place when in a criminal case tried to a jury the defendant is found not guilty, or If tried without a jury, he is found not guilty and discharged. The court must have jurisdiction to find him guilty or not. h. Conviction: the result of a trial of a criminal case
A written order from a court magistrate, addressed to an officer and ordering him to notify a person named therein to appear at a certain time and place and to answer a complaint made against
District Attorney
An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or be used later in trial
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
Has stateside court of general jurisdiction – handling both criminal and civil actions I. Superior court has original jurisdiction in civil actions over $25,000 and in matters where equitable relief is sought
An elected official who is in charge of representing the citizens of a county in criminal cases brought before the courts in his/her jurisdiction
MA Supreme Judicial Court
7 justices ,1 chief justice & 6 associate justices
7 justices ,1 chief justice & 5 associate justices
8 justices ,1 chief justice & 6 associate justices
9 justices ,1 chief justice & 6 associate justices
Clerk’s Office Civil/Criminal
Statement that concerns a startling event, made by the officers when the suspect is still under stress from the startling event
Has stateside court of general jurisdiction – handling both criminal and civil actions .Superior court has original jurisdiction in civil actions over $25,000 and in matters where equitable relief is sought.
Maintaining court records and court docket
Has stateside court of general jurisdiction – handling both criminal and civil actions
No juvenile between 14-18 shall be placed in a cell unless cell is:
Certified by DCF
Certified by DYS
Certified by DOC
Certified by PS
After booking juvenile must be transported to juvenile by:
4:00pm
5:30pm
4:30pm
4:45pm
Jenkins Hearing
48 hours
16 hours
2400hrs
24 hours
Sex Offender Levels and Rules, L-1 is LOW RISK but must register:
Registers by mail annually
Registers by email annually
Registers by phone annually
Registers in person annually
Level 2 Offenders: Risk – MODERATE, must register:
In person annually or every 60 days if homeless
In person annually or every 45 days if homeless
In person annually or every 30 days if homeless
In person weekly or every 30 days if homeless
Level 3: Re-offense Risk – HIGH, register:
In person annually or every 30 days if homeless
In person annually or every 10 days if homeless
In person annually or every day if homeless
in person annually or every 20 days if homeless
A sexually violent predator
Must appear in person at police station every 45 days to verify
Must appear in person at police station every week to verify
Must appear in person at police station every 30 days to verify
Must appear in person at police station every 25 days to verify
Safe Haven Law:
Name, Name and address or parent, Newborn birth certificate ,Info about the newborns medical history &his/her biological family medical history and any other information that might reasonably assist D.C.F in current or future determinations in the best interest of the child
Name of Parents and Grandparents
Name of the hospital and town
Name of the firefighters, the real American heroes
Defense Attorney:
Complaint if not in presence.
Complaint if not in presence. FELONY if child dies as a result
Lawyer who represents the defendant in a criminal case
: An elected official who is in charge of representing the citizens of a county in criminal cases brought before the courts in his/her jurisdiction
Judge
Criminal COMPLAINT if not committed
Appointed public officials who run the state’s court system
I. Adversary of the prosecutor and the police
Ii. Determines the path of the criminal cases
Marijuana
Parents or grandparents may give or allow their child or grandchild to use marijuana accessories on property they own or control
Parents or grandparents may give or allow their child or grandchild to use marijuana accessories on property they do not own or control
Parents or grandparents may NOT give or allow their child or grandchild to use marijuana accessories on property they own or control
Parents or grandparents may give or allow their child or grandchild to use 10 LBS marijuana accessories on property they own or control
Contributing to the Court or Custody Violation of a Minor:
Suspect 19 years of age or older
Suspect 17 years of age or older
Suspect 18 years of age or older
Suspect 16 years of age or older
51A ALLOWS HOPSITAL PERSONNEL TO
TAKE NAMES OF VISIBLE SIGNS WITHOUT THE CONSENT OF A CHILD’S PARENT OR GUARDIANS
TAKE SHOTS OF NON VISIBLE TRAUMA WITHOUT THE CONSENT OF A CHILD’S PARENT OR GUARDIANS
TAKE A REPORT OF VISIBLE TRAUMA WITHOUT THE CONSENT OF A CHILD’S PARENT OR GUARDIANS
TAKE PHOTOGRAPHS OF VISIBLE TRAUMA WITHOUT THE CONSENT OF A CHILD’S PARENT OR GUARDIANS
Comm v. Dorvil
REASONABLE.
REASONS
REASONABILITY
RESPONSIBLE
What is your role as a police officer in court
Testify in court as a witness
Testify in court as a LEO
Testify in court as a victime
Testify in court as a suspect
Rule 320 – Courts. On-Duty Officers
Are required to submit a Court Attendance Form to the Supervisor of Cases for his signature and shall return it to their area or unit.
Shall be the responsibility of the SUPERVISOR OF CASES to issue a copy of Court Overtime Slip to such officers who are required to appear in court on an overtime basis. I. He will ensure that only those officers whose testimony is essential for the suc
I. He will ensure that only those officers whose testimony is essential for the successful prosecution of a criminal case will be directed to appear
Shall present his summons to the Supervisor of Cases in order to obtain a Court Overtime Slip
Rule 320A – Issuance of Court Appearance Authorization Slips
Preparation for victime & credible testimony
Preparation for officers & credible testimony
A. It shall be the responsibility of the SUPERVISOR OF CASES to issue a copy of Court Overtime Slip to such officers who are required to appear in court on an overtime basis. I. He will ensure that only those officers whose testimony is essential f
F. The supervisor of Cases shall be held responsible to assure the all Court Attendance Forms submitted to him are filled out completely
Courts-Off-duty officer WITHOUT A SUMMONS/notice :
The victim charged with the commission of a crime
Shall be required to have the Court Overtime Slip authorized by his/her District/Unit Supervisor
Ensure that only those officers whose testimony is essential for the successful prosecution of a criminal case will be directed to appear
Shall be the responsibility of the SUPERVISOR OF CASES to issue a copy of Court Overtime Slip
When an officer is required to appear in two different courts on the same date:
Written order from a court or magistrate requiring a person name therein to appear at a certain time and place
The Supervisor of Cases in the FIRST court shall enter ONLY the ARRIVAL time and sign the form; the Supervisor of Cases in the SECOND court shall enter the officer’s DEPARTURE time and sign the form
Shall obtain a court overtime slip from the Supervisor of Cases assigned to that court at the time of his arrival
Each Monday they will forward to the Commander, Court Unit a report covering the week prior:
Supervisor of Cases Weekly Report
The power to inquire into the facts, to apply the law, and to declare punishment, in a regular course of judicial proceeding
An accusation in writing found and presented by a grand jury, legally called together and sworn to the court in which it is impaneled, charging that a person, named therein has committed a specific crime
Each Monday they will forward to the Commander, Court Unit a report covering the week prior: I. All officers who failed to appear ii. All officers who did not appear on time and did not notify the Supervisor of Cases
Officer appearing before the courts as an off-duty witness shall be issued, or shall accept, more than one Court overtime slip for any calendar day
ARRESTED PERSONS SHALL BE TAKEN :
Next scheduled appearance following arraignment
A. This subject is structured for Academy ROs to develop a well-rounded understanding of courtroom preparation, courtroom testimony, and court procedures as it relates to the anatomy of a case from arrest to trial or summons stemmed from a civil case
TO THE AREA OF OCCURRENCE
Where the arrest was not made
Arresting Officer Responsibilities
Intricate part of our adversarial judicial system
Opportunity to cover down on an assignment
Has filled out an application for complaint form, he shall sign it and shall then attach to it copies of the 1.1 and 2.1 and a sheet containing names, addresses, and phone numbers of the victims or complainants
Filed at area/unit where arresting officer is assigned
Who issues COMPLAINTS?
Shift Commander
COURTS (Clerk Magistrates)
Arresting Officer
Duty Supervisor
Five Principles-America Trial Court System:
A. Public Proceedings b. Only under court authority can punishment be delivered c. Due Process- Presumption of Innocence d. Trials are presided over by judges who receive authority by the people e. Trials uphold rule of law by providing sanctions
A. Public Proceedings b. Only under court authority can punishment be delivered c. Judgement Process- Presumption of Innocence d. Trials are presided over by judges who receive authority by the people e. Trials uphold rule of law by providing sanctions
A. Public Proceedings b. Only under court authority can punishment be delivered c. Due Process- Presumption of Innocence d. Trials are presided over by judges who receive authority by the people e. Trials uphold rule of law by providing statements
D. Trials are presided over by judges who receive authority by the people e. Trials uphold rule of law by providing sanctions
All of the City of Boston is in
The Venue of the Boston Municipal Court Department
Has general jurisdiction over delinquency,
11 divisions
Iv. Exclusive original jurisdiction
Disturbance or a School Assembly
Police cannot arrest or charge a juvenile
Police can arrest or charge a juvenile
Police cannot arrest or charge a juvenile
MGL Violation
Searches by school officials, must have:
I. Reasonable suspicion to believe a student has violated or is violating the law or the school rules; and ii. The search will turn up evidence
School officials were acting as agents of the police, then school officials will be held to the same legal standards as the police
: reasonably related to the objectives of the search and not excessively intrusive
To conduct a warrantless search of a student or their property on school grounds
Aggravated Statutory Rape (victim is under 16 at time of offense)
A. More than 5 yr age difference when vic is under 12 b. More than 10 yr age diff when vic is between 12-16 c. Suspect was a news reporter
A. More than 5 yr age difference when vic is under 12 b. More than 10 yr age diff when vic is between 12-16 c. Suspect was a mandated reporter
A. More than 6 yr age difference when vic is under 14 b. More than 10 yr age diff when vic is between 12-16 c. Suspect was a mandated reporter
A. More than 5 yr age difference when vic is under 12 b. More than 10 yr age diff when vic is between 12-16 c. Suspect was a hollywood reporter
Criteria for AMBER Alert (America’s Missing Broadcast Emergency Response):
A. Child must be under 18 b. Police must believe the child is in danger or serious bodily harm or death, AND c. Enough descriptive info for LE to believe an AMBER alert will help locate the child d. If criteria is met, then request is orally communicated to Mass State Police e. AMBER alert is for 4 hours every 30 mins f. Example: CARJACKING with child inside
C. VICTIM WAS GIVEN ALCOHOL OR CONTROLLED SUBSTANCE BY SUSPECT USING ANY MEANS AND WITH VICTIM’S CONSENT
Victim is UNDER 16 years old
Trafficking Weights (Felony)
A. Class A – Fentanyl: 10 grams or more. b. Class A – Carfentanil: ANY amount.c. Class A – Heroine: 18 grams or more .d. Class B – Cocaine: 18 grams or more.e. Class D – Marijuana: 50 pounds or more
A. Class A – Fentanyl: 10 grams or more. b. Class A – Carfentanil: ANY amount.c. Class A – Heroine: 18 grams or more .d. Class B – Cocaine: 18 grams or more.e. Class D – Marijuana: 40 pounds or mor
A. Class A – Fentanyl: 10 grams or more. b. Class A – Carfentanil: ANY amount.c. Class A – Heroine: 18 grams or more .d. Class B – Cocaine: 18 grams or more.e. Class D – Marijuana: 60 pounds or mor
A. Class A – Fentanyl: 10 grams or more. b. Class A – Carfentanil: ANY amount.c. Class A – Heroine: 18 grams or more .d. Class B – Cocaine: 16 grams or more.e. Class D – Marijuana: 50 pounds or mor
Marijuana Cultivation Laws:
Allowed 6 plants per adult c. Max allowed per household: 13
Allowed 6 plants per adult c. Max allowed per household: 12
Allowed 12 plants per adult .Max allowed per household: 12
Allowed 6 plants per adult c. Max allowed per household: 10
Basic allowable amounts for marijuana laws
A. Under 18: $100 civil fine and cannot arrest b. 18-21: 2 ounces or less = $100 fine; over 2 ounces = crime
A. Under 18: $100 civil fine and cannot arrest b. 18-21: 2 ounces or less = $100 fine; over 3 ounces = crime
A. Under 18: $100 civil fine and cannot arrest b. 18-21: 2 ounces or less = $100 fine; over 1 ounces = crime
A. Under 18: $100 civil fine and cannot arrest b. 18-21: 2 ounces or less = $200 fine; over 2 ounces = crime
Resisting Arrest (Misdemeanor):
Ensing of the body b.There isn’t a right of arrest, the person is not arrested, so it is an additional charge
There is a right of arrest, the person is already being arrested, so it is just an additional charge
Tensing of the body b. There isn’t a right of arrest, the person is already being arrested, so it is just an additional charge
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