CITP Exam 3 Already Graded A

CITP Exam 3 Already Graded A Original Jurisdiction or jury. Trial court where the defendant was found guilty or not guilty by the judge Witnesses testify under oath and evidence is presented. Appellate Jurisdiction Court that conducts a review of what happened at the trial court. Court only reviews the record for legal errors committed at the trial level. Court does not entertain new evidence or testimony. Classifications of criminal offenses death (366 days or more) Felony - Max sentence is more than one year imprisonment or Class A Misdemeanor - More than 6 months up to 1 year imprisonment Class B Misdemeanor - More than 30 days up to 6 months imprisonment Class C Misdemeanor-More than 5 days up to 30 days imprisonment Infraction - 5 days of imprisonment or less Petty Offense infractions) Offenses where the max imprisonment is 6 months or less (Class B, C, and Federal Courts from Highest to Lowest US Circuit Court of Appeals US District Court US Magistrate Courts Supreme Court U.S. Supreme Court Only court created by the U.S. Constitution Has both appellate and original jurisdiction Has 9 judges who decide by majority vote Hears cases on appeal by discretion only Circuit Courts 13 Circuit Courts around the United States Have appellate jurisdiction only Decision is only binding on the courts within its circuit District Courts Only court that can hear the trial on felony cases 94 District Courts around the U.S. Can hear Class A misdemeanor offenses, but only if the defendant does not consent to it being heard by the magistrate court Magistrate Courts Hears petty offenses Hears Class A misdemeanors, if the defendant consents Can hear pre-trial hearings such as the initial appearance, detention hearings, etc. Legal Documents Used to Start a Case Indictment Information Initial Appearance Criminal Complaint Defendant's first court appearance after arrest Defendant is told the criminal charges Defendant is read their constitutional rights Pre-trial release (bond) is determined Without unnecessary delay Max 48 hours from arrest Remedy for violation of rule is release from custody Congress gives 6-hour safe zone to delay for purpose of getting statements from defendant, but after 6 hours statements may not be admissible Detention Hearing Hearing where the defendant is permitted to present evidence about whether they should get a bond Hearing occurs either at the initial appearance or up to 10 days after the initial appearance **Release is preferred on his own personal recognizance RULE 1 If arresting the defendant in the District where the crime occurred, Their initial appearance should be in the district of arrest Example o Crime occurs in North Georgia, Defendant arrested in North Georgia, his initial appearance is in North Georgia RULES 2 & 3 If arresting the defendant in the District other than where the crime occurred, Their initial appearance should be in the district of arrest or an adjacent district if you can get him there more promptly Example: o Crime occurs in North Georgia, arrest occurs in North Florida, their initial appearance should be in North Florida or South Georgia if you can get them there more promptly RULE 4 If arresting the defendant in the District adjacent to where the crime occurred, Take him home to the district where the crime occurred, if you can get him there on the day of the arrest Otherwise, their initial appearance should be in the district of arrest Example o Crime occurs in North Georgia, he is arrested in Middle Georgia, take him to North Georgia if you can get him there on the day of arrest Arresting a member of Congress Privileges from physical arrest only during congressional sessions and commuting to and from congressional sessions No privileges for felony offenses and breach of the peace *You may issue traffic tickets and prosecute the crime Arresting juevniles Automatically mirandize Notify AUSA attorney about the arrest Contact their parents and read Miranda to the parents Take juvenile before judge for initial appearance Do not release name, pictures or details about crime to the media Vienna Convention on Consular Relations An established protocol between