NC BLET Responding to Victims and the Public Questions and Correct Answers.
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NC BLET
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NC BLET
NC BLET Responding to Victims and the Public Questions and Correct Answers.
Special Population
Those with a mental, emotional, cognitive, or physical disability
Persons with disabilities in the U.S.
36 million
Percent of NC residents who are disabled.
13%
Victim
an individual who suffers ...
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NC BLET Responding to Victims and the
Public Questions and Correct Answers.
Special Population
Those with a mental, emotional, cognitive, or physical disability
Persons with disabilities in the U.S.
36 million
Percent of NC residents who are disabled.
13%
Victim
an individual who suffers physical, financial, or emotional harm as the result of the
commission of a crime
Victims feel
a loss of control, of trust, and values. Also a strong sense of isolation and loneliness.
Effects of trauma can be described by some as
a shattering of innocence.
Disbelief, denial, guilt, self-blame, anger, tears, or hysteria ARE
normal reactions to trauma
Misdemeanor crime prosecution
A victim may begin prosecution by appearing before a magistrate and requesting an
arrest warrant or summons. The victim must provide sworn testimony of probable cause
that the suspect committed a crime to the magistrate.
Typically victim's "swear out" warrants when law enforcement is not authorized to make
a misdemeanor arrest (out of sight).
In what circumstances can a law enforcement officer swear out a misdemeanor
warrant?
"On-sight arrest", or after investigating a crime that has already occurred.
Felony case prosecution
investigated by a law enforcement officer before warrants are issued, unless it occurred
in the officer's presence. Also, charges may be initiated when the District Attorney's
Office indict a suspect and the grand jury issues a true bill of indictment.
Civil situation prosecution
The victim may contact his/her own private attorney for advice and to commence a
lawsuit against the defendant for damages suffered.
For remedies through small claims court, or for domestic violence orders,
a victim should contact the clerk of court of the jurisdiction in which the problem
occurred.
Violence Against Women's Act 2000
Victims of domestic violence, dating violence, sexual assault and stalking are able to
access legal relief. Also, no court costs for filing, issuance, registration, service of a
protective order.
Supreme Court of NC
, Has no jury, and makes no determination of fact. It considers error in legal procedures.
It may review Court of Appeals decisions in cases of significant public interest, or cases
involving legal principles of major significance.
Only case jurisdiction exercised by the Supreme Court
is the censure and removal of judges.
In first degree murder cases, appeals from the Superior Court
go directly to the Supreme Court if the defendant has been sentenced to death or life
imprisonment. This is a right.
NC Court of Appeals
primarily sits in Raleigh. Bulk of the caseload consists of cases appealed from the trial
courts. The court sits in panels of three judges, so separate cases can be heard at the
same time.
NC Superior Court
General jurisdiction trial courts for the state. Original jurisdiction includes all felony
cases. Misdemeanors which are appealed for trial de novo by a jury.
This is the proper court for civil cases where amount in controversy exceeds $10,000.
How many counties in NC?
100
NC District Court
Exclusive original jurisdiction of virtually all misdemeanors and infractions. Also
probable cause hearings in felony cases, all juvenile proceedings, involuntary
commitments and re-commitments, and domestic relations cases.
Civil cases less than $10,000.
No jury is authorized in criminal cases.
An appeal in a civil case
is to the Court of Appeals on questions of law only.
Magistrates
Empowered to try certain misdemeanor worthless check cases and small civil suits,
accept pleas of guilty, grant bail before a trial, and issue arrest and search warrants.
Who grants bail before a trial?
Magistrates grant this
District Attorneys
Elected for a four-year term, and represents the state in all criminal actions brought in
the superior and district courts in the district.
Clerks of Superior Court
Hears and decides special proceedings (such as adoptions, foreclosures...). Is ex officio
judge of probate, and performs record-keeping and administrative functions for both
superior and district courts of the county.
5 Main Duties of a Bailiff
Announcing the opening and closing of court, security, jurors, witnesses, and prisoners.
A victim/witness must be provided information regarding immediate medical
assistance when needed, and can NOT be
detained for an unreasonable length of time before having such assistance.
Victim/Witness Fair Treatment
1. Provide information about protection.
2. Testimony to one's home address is not relevant in every case.
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