Law Enforcement Use of Force
Terms in this set (65)
What kind of strike allows the defense or prosecutor to remove a juror who is unable to follow the law?
Challenges for cause
What kind of strike allows the defense or prosecutor to remove a juror for any reason (other than race or gender)?
How many jurors serve in a felony case?
Name two types of pretrial motions that a defendant can file:
Motion to quash and to suppress
What choices does a defendant have when stating a plea at arraignment?
Guilty, not guilty, no contest
How do you enforce a subpoena if the person refuses to comply? Treated as contempt of court and punishable by a fine Up to $500 in a felony case and Up to $100 in a misdemeanor case. A writ of attachment can be used to enforce the subpoena.
Treated as contempt of court and punishable by a fine Up to $500 in a felony case and Up to $100 in a misdemeanor case. A writ of attachment can be used to enforce the subpoena.
How do you obtain documents?
Who can execute a capias?
What is the name of the document used to inform the defendant of a formal misdemeanor charge?
What is the name of the document used to inform the defendant of a formal felony charge?
Which one requires the defendant to give pretrial notice?
What is the burden of proof for each?
Who has burden of proving insanity?
Who has burden of proving incompetency to stand trial?
Objectives of the CCP -
1)to adopt measures for preventing crime
2)to exclude offender from all hope of escape
3)to insure a trial with as little delay as possible
4)to bring the investigation of each offense on the trial all the evidence to produce conviction or acquittal
5)to insure a fair and impartial trial
6)to execute the sentences of the law when declared
Who are/are not peace officer
sheriffs, deputies, constables, marshals, city police, investigators for DA and CA, rangers and dps/federal officers, customs service, border patrol, immigration officers, secret service
Duties/powers of peace officers-
Have a duty to preserve the peace
-Every officer SHALL:
--Act without a warrant to prevent or suppress crime, when such is authorized by code
--execute all lawful process issued to the officer
--give notice to a magistrate when there is probable cause to believe an offense has been committed
--arrest offenders without a warrant when authorized
--take possession of a missing child under sec. 63.009(g)
Duties of sheriffs- -
Art 2.17: Preserve peace in the county
-Art. 2.18: Hold prisoners in jail if they don't make bail
-Art. 2.19: Monthly report to prosecutor of all prisoners in custody and authority for holding each
Who are magistrates-
Generally, a judge of court with original or appellate criminal jurisdiction
Justice of the Peace
Municipal Court Judge
County Court Judge
District Court Judge
Mayor or recorder of incorporated city/town
(CCP Article 2.09)
Deaths requiring inquest-
person dies in prison or jail
death is due to unnatural cause(other than legal execution)
cause or circumstances of death are unknown
death caused by unlawful means
death appears to be suicide
person was not being attended by a physician
attending physician requests an inquest
deceased is a child younger than 6 years of age and an inquest is required by Chap. 264, Family Code
Statute of Limitations periods-
misdemeanor is 2 years
thefts/robbery, abandoning/endangering a child, insurance fraud is 5 years
misapplication of funds, false statement to obtain property, money laundering, credit/debit card abuse is 7 years
theft of an estate, forgery, injury to elderly/disabled, and arson is 10 years.
Considerations in setting bail-
not a punishment, just to make sure they come to trial. Consider the crime charge.
Person arrested without a warrant must be allowed to post bond if magistrate does not make a probable cause determination
within 24 hours if charge is a misdemeanor
within 48 hours if charge is a felony
Art. 17.15 -Considerations in setting bail:
high enough to ensure compliance
not to be used as an instrument of oppression
nature and circumstances of the offense
defendant's ability to pay
future safety of the victim and the community
no one can be held to answer for a capital or infamous case without appearing before a grand jury. Investigate indictments for all felony's, misdemeanors involving official misconduct and some juvenile cases. It is secret on what happens.
12 makes a GJ, 9 makes a quorum, need 9 votes to proceed
citizen, sound mind and character, no relation to case/ other jurors. 6 in misdemeanor and 12 in a felony
Time for appearance before a magistrate-
Rights of the accused-
• Speedy, public trial by impartial jury
• Copy of the charge
• No compelled self-incrimination
• Right to be heard at trial
• Confrontation of witness
• Right to call witness
• Grand jury indictment for felony
Crime Victim Rights-
this is common sense, we just learned it
where a case can be tried. Usually in a county where the offense was committed. 33 exceptions
Style of criminal process-
State of Texas at the top of the paperwork
Death Penalty- each side gets 15 peremptory challenges. Felony cases- each side gets 10 Misdemeanor- 5 in district and 3 in county
Writ of habeas corpus-
A court order to bring a person who is in custody before the Court & show legal cause for holding the person (CCP Article 11.01) It's a form of appeal, non-death cases, death cases and community supervision cases(challenging the convic of conditions of CS
Arrest Under Warrant
Art. 15.02 -An arrest warrant must be issued in the name of "The State of Texas" and must:
specify the name or a reasonably definite description of the person to be arrested;
name the offense the person is accused of committing; and
be signed by a magistrate and identify the magistrate's office.
Subpoena Duces Tecum-
If a witness have in his possession any instrument of writing or other thing desired as evidence, the subpoena may specify such evidence and direct that witness bring the same with him and produce it in court. (CCP Article 24.02)
Requirements of search warrant-
Art. 15.01 -An arrest warrant is a written order from a magistrate, directed to a peace officer or some other person specially named, commanding him to take the body of the person accused of an offense, to be dealt with according to law.
A subpoena may summon one or more persons to appear: (1) before a court to testify in a criminal action at a specified term of the court or on a specified day or (2) on a specified day: (a) before an examining court (b) at a coroner's request (c) before a grand jury (d) at a habeas corpus hearing; or (e) in any other proceeding in which the person's testimony may be required in accordance with this code. (CCP Article 24.01)
Requirements of arrest warrant-
1)It is issued in the name of "The State of Texas"
2)must specify name of person or have some reasonably definite description
3)must state that person is accused of some offense against the laws of the state and name the offense
4)must be signed by a magistrate and his office be named in the body of the warrant (CCP 15.02
hate crime and stalking PO. Emergency Protective Orders
After arrest for family violence, Human Trafficking, sexual assault, aggravated sexual assault, or stalking, magistrate may issue an EPO (31-61 days) before D is released.
a written order issued by a magistrate commanding a peace officer to search for something, seize it, and bring it to the magistrate (CCP Article 18.01)
not permitted, each agency must have a written policy, must keep written record if no in car vid, must retain vid and aud for 90 days after stop
Notice to Schools-
If you arrest/detain or refer a person to juvenile court for certain offenses and you believe that person is a student in a public primary or secondary school, you must notify that person's school
Special Investigators -
federal officers , customs service, border patrol, immigration officers, secret service
sheriffs, deputies, constables, marshals, city police, investigators for DA and CA, rangers and dps
Grand Jury secrecy-
GJ must keep proceedings secret unless required to disclose by judge
Includes evidence, testimony, and deliberations of grand jurors
Violation is contempt of court (jail and/or fine)
Protects grand jurors, the defendant and all witnesses
An investigation into the cause and circumstances of the death of a person, and a determination, made with or without a formal court hearing, as to whether the death was caused by an unlawful act or omission. (CCP Article 49.01(2))
filed and presented in behalf of the State by the district or county attorney, charging the defendant with an offense which may by law be so prosecuted. (CCP Article 21.20)
Execution of search warrant-
Article 18.01 - A search warrant is a written order issued by a magistrate commanding a peace officer to search for something, seize it, and bring it to the magistrate
Magistrate must be satisfied by sworn affidavit that probable cause to search exists
The written statement of a grand jury accusing a person therein named of some act or omission which, by law, is declared to be an offense. (CCP Article 21.01)
Execution of arrest warrant-
Article 15.02 - An arrest warrant must be issued in the name of "The State of Texas" and must
Specify the name or a reasonably definite description of the person to be arrested
Name the offense the person is accused of committing, and
Be signed by a magistrate and identify the magistrate's office
an affidavit made by a person before a magistrate or district/county attorney charging that a particular person committed a criminal offense - Must contain enough facts to support the existence of probable cause (CCP Article 15.04
Probable cause hearing before a magistrate;
Requested by D;
After arrest but before indictment;
Defense attorney will use this for discovery;
D can make a statement, but warned not to
Elements of jurisdiction-
Original-trial, the first time a case is heard
Exclusive-the only court that can hear a particular case
Concurrent-two or more courts have authority to hear a case
Appellate-review of the trial record, no new evidence is submitted
An order signed by the proper magistrate directing a sheriff to
receive and place in jail the person so committed. It will be
sufficient if it have the following requisites:
1. That it run in the name of "The State of Texas";
2. That it be addressed to the sheriff of the county to the
jail of which the defendant is committed;
3. That it state in plain language the offense for which the
defendant is committed, and give his name, if it be known, or if
unknown, contain an accurate description of the defendant;
4. That it state to what court and at what time the defendant
is to be held to answer;
5. When the prisoner is sent out of the county where the
prosecution arose, the warrant of commitment shall state that there
is no safe jail in the proper county; and
6. If bail has been granted, the amount of bail shall be
stated in the warrant of commitment.
(CCP Article 16.20
severe mental defect where they didn't know the conduct was wrong. Defendant must give pretrial notice. Presumption of sanity. Affirmative defense: by preponderance of evidence
what renders a person able/unable to give testimony in a court of trial. (stand trial)
Court Structure in Texas
1 -Court of Criminal Appeals -
Court of Appeals
Criminal District Court
A writ that is (1) issued by a judge of the court having jurisdiction of a case after commitment or bail and before trial, or by a clerk at the direction of the judge and (2) directed "To any peace officer of the State of Texas", commanding the officer to arrest a person accused of an offense and bring the arrested person before that court immediately or on a day or at a term stated in the writ. (CCP Article 23.01
Bail Bond- )
a written promise to appear secured by the D's deposit of cash with the court or by the agreement of a surety (bondsman) with adequate resources to cover the amount of the bail (CCP Article 17.02
Courts with criminal jurisdiction - .
Court of Criminal appeals (highest in criminal cases) direct appeal of death penalty cases. Discretionary review on any other case in TX. Court of Appeals have appellate jurisdiction in all criminal cases except those of death penalty. District courts have original jurisdiction in felonies, misdemeanors in official misconduct, misdemeanors transferred from county and judge is not a licensed attorney. If charge is a felony but proof shows it's a misdemeanor. County Courts original jurisdiction in all misdemeanor cases not within exclusive original jurisdiction, and appellate jurisdiction in cases from justice or municipal courts
Is the security given by an accused promising that he will appear at trial (CCP Article 17.01) not a punishment, just to make sure they come to trial. Consider the crime charge. Person arrested without a warrant must be allowed to post bond if magistrate does not make a probable cause determination within 24 hours if charge is a misdemeanor within 48 hours if charge is a felony
A writ issued by a clerk of a court under seal, or by any magistrate, or by the foreman of a grand jury, in any criminal action or proceeding authorized by law, commanding some peace officer to take the body of a witness and bring him before such court, magistrate or grand jury on a named, or forthwith, to testify in behalf of the State or the defendant, as the case may be. It shall be dated and signed officially by the officer issuing it. (CCP Article 24.11)
Arrest without a warrant-
Suspicious Places or Circumstances
CCP 14.03(a)(1) Assaults & Family Violence
CCP 14.03 (a) 2 & 4
Protective Order Violations
CCP14.03 (a)(3) Interfering w/ a 911 Call
CCP 14.04 Admissible Felony Confessions
Fugitives from Another State
CCP Preventing Consequences of Theft
A written order from a magistrate, directed to a peace officer or some other person specially named, commanding him to take the body of the person accused of an offense, to be dealt with according to law. (CCP Article 15.01)
rep state in misdemeanor cases
District Attorney- .
reps state in felony cases, primary duty not to convict, but to see that justice is done
Purposes of CCP-
exclude the possibility of escape
trial without delay
bring forward all evidence for review at trial
insure a fair and impartial trial
prompt execution of the sentence