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Code of Criminal Procedures-TCOLE

Terms in this set (81)

No citizens shall be deprived of life, liberty, property, privileges, or immunities or in any manner disfranchised except by ___________
the due course of the law of the land
Shall have a speedy ________ trial
speedy
means a person who is not financially able to employ counsel
indigent
The people shall be secure in their _______-, ________, ________, and _________ from unreasonable searches and seizures
persons, houses, papers and possessions
a form of written command in the name of the court or other legal authority to act, abstain from acting in some way
writ
__________ shall not be required, not excessive fines imposed, nor cruel or unusual punishment
excessive bail
No person for the same offense shall be put in jeopardy of life or liberty, nor shall a person be again put on trial for the same offense, after a verdict of not guilty in a court of competent jurisdiction
double jeopardy
An _________ of the defendant exempts him from a second trial or a second prosecution for the same offense, however irregular to proceedings may have been
acquittal
The right of trial by ______ shall remain free
jury
A person represented by legal counsel may in open court or by written instrument voluntarily _________ the right to be accused by indictment of any offense other than a capital felony
waive
Every person shall be a liberty to _________, _________, or __________, being liable for the abuse of the privilege; and no law shall ever be passed reducing the liberty of speech or of the press
speak, write, or publish
No person shall be disqualified to give evidence in any court of this State on the account of his __________ opinions
religious
No citizen shall be _________, nor shall any person be transported out of the State for any offense committed within the state
outlawed
Senators and Representatives shall, except in cases of __________, _________, or __________ be privileged from arrest during the session of legislature
treason, felony, or breach of the peace
The proceedings and trials in all courts shall be _________
public
One duty of a magistrate is to preserve the peace within his jurisdiction by the use of all ___________
lawful means
Which one of the following public officials is not a magistrate?

Recorders of incorporated cities

District Attorneys

Justice of the Peace

Supreme Court Justices
District Attorneys
If a peace officer refuses to execute a legal process directed to him by the court, he is liable for:

any punishment the judge may direct

a fine up to $500

a fine of not less than $10 or more than $200

suspension from the department
A fine of not less than $10 or more than $200
The state court with final appellate jurisdiction in death penalty cases is
the Texas Court of Criminal Appeals
Appeals form county court are heard in the
court of appeals
Misdemeanor cases to be tried in justice court must be filed
in the precinct where the offense occurred and the precinct where defendant resides
The security given by the accused that he will appear and answer the charge before the proper court is called
bail
Which court is responsible for original jurisdiction in criminal cases of the grade of felony, misdemeanor cases involving official misconduct, and those cases properly transferred from other courts of jurisdiction
district court
which person is charged with the responsibility to conduct an inquest of an alleged suicide that occurred at a private residence?
The justice of the peace
Who may not accept bail in a felony case when said court is in session?
A municipal police officer
Which court has original jurisdiction of all misdemeanor cases (other than those involving official misconduct) when the fine to be imposed exceeds $500?
County Court
Which of the following is the highest Texas Criminal Court?

Texas Supreme Court

Texas Court of Criminal Appeals

District Court

County Court

County Court at Law
Texas Court of Criminal Appeals
Which of the following is the statute of limitation for burglary?

10 years

5 years

3 years

2 years

There is no limitation
5 years
Which of the following formal accusations of guilt is used in misdemeanor actions?

Indictment

Information

Complaint

Habeas Corpus

Writ of Mandamus
Complaint
An inquest of a deceased person need not to be held if the person

dies in jail

dies an unnatural death

dies while attended by a physician and cause of death is known

commits suicide
dies while attended by a physician and cause of death is known
To arrest an out of state fugitive, an officer must have

the out of state warrant in his possession

a governor's warrant

verification of the existence of the warrant

none of the above
verification of the existence of the warrant
A commitment is a court order to.....
place an accused in jail
A municipal court subpoena is executed

by calling the witness on the telephone

the same as a justice court subpoena

by mailing a copy to the witness

all of the above is correct
All of the above is correct
The amount of bail an accused is required to pose depends on

the nature of the offense

the circumstances of the offense

the ability to make bail

all of the above
all of the above
the phrase "against the peace and dignity of the state"

describes a breach of the peace

must appear on all writs and processes

is part of the oath taken by witnesses

refers to unlawful conduct by peace officers
must appear on all writs and processes
When an officer is handling a family violence case, he must

give a written notice to the alleged offender of his rights

give a written notice to the alleged victim of his rights

call in assistance from family violence experts

not make an arrest without a warrant
give a written notice to the alleged victim of his rights
which of the following is not an exception to the requirement for an arrest warrant?

any offense reported by a credible citizen

any offense occurring in the officer's view

on the verbal order of a magistrate

on probable cause to believe a violation of a protective order has occurred
any offense reported by a credible citizen
Arrest warrants issued by a magistrate may be executed in any part of the state except
warrants issued by mayors of incorporated cities
The effect of a capias is the same as that of
an arrest warrant
if a person fails to appear as directed when summoned to testify by subpoena, he is subject to
a fine of not more than $500 in felony cases
It is the duty of the peace officer to

preserve the peace in his jurisdiction

obey orders of a magistrate

protect property and prevent injury

all of the above
all of the above
Who is responsible to conduct inquest in criminal homicide cases?
Justice of the Peace
Which court has original jurisdiction of felony offenses in the State of Texas?
District Court
Who is declared by law to be the conservator of the peace?
The County Sheriff
Which court is the highest appellate court in the state of Texas for civil cases?
Texas Supreme Court
Which court has original jurisdiction for class A and class B misdemeanor cases?
County Court
If a criminal case is tried in the justice court and the ruling of the court will be appealed, which court hears the appeal?
County Court
Which courts have original jurisdiction for Class C misdemeanors?
Justice of the Peace and Municipal Courts
An investigation into the cause and circumstances of the death of a person with a determination as to whether the death was caused by an unlawful act or omission is called
an inquest
What official is authorized under the Code of Criminal Procedure to call and military company in a county to aid in overcoming resistance, and if necessary, in seizing and arresting person engaged in such resistance?
Sheriff
A number of persons are assembled together in such a manner as to constitute a riot. Who is charged by law with authority to cause such persons to disperse either by commanding the people to disperse or by arresting the person engaged, if necessary, with or without a warrant?
Any peace officer
What is the statute of limitations for "theft by a public servant"?
10 years
What is the statute of limitation for theft?
5 years
Unless otherwise stated in the CCP, the statue of limitations for felony offenses is
3 years
The statue of limitations for misdemeanor offenses is
2 years
Who may take bail in a misdemeanor case?
any peace officer
In a county that does not have a medical examiner officer or that is not part of a medical examiner's district, which is charged with the responsibility to conduct investigation of the cause of death when the cause is not readily known or ascertainable by a medical doctor?
The justice of the peace
A person who is charged in a death and arrested under a warrant of the justice of the peace
may not be removed from the officer's custody on authority of a warrant from another magistrate
What court has jurisdiction over misdemeanor cases involving "official misconduct"?
District Court
A subpoena that directs a person to appear as a witness and order the individual to produce items of evidence in that person's custody is called a
subpoena duces tecum
What type of court order directs a peace officer to appear in court as a witness?
Subpoena
What type of court order is signed by a clerk of the court?
Capias
The court that has first jurisdiction of a case is said to have _______ jurisdiction
original
The death penalty requires an automatic appeal to the
Texas Court of Criminal Appeals
The affidavit made before a magistrate or the district or court attorney charging the commission of an offense is called
a complaint
It is the duty of every magistrate to preserve the peace within his jurisdiction by the use of all ________ means
lawful
Senators and Representatives are privileged from being arrest for treason

True or False
False
Only certain trials are public and a judge can order no admittance

True or False
False
Deputy Clerks of the court are magistrates according to Article 2.09 of the TX CCP

True or False
False
City Marshals can issue traffic citations in the State of Texas

True or False
True
As one of his duties, the magistrate, who issued the warrant, has to make sure that the prisoner of the warrant is committed to jail

True or False
False, it is the Sheriff's duty
A constable of the county is authrorized by law to perform the same duties as the Sheriff of the same county

True or False
False
The highest criminal court in Texas is the Texas Supreme Court
False, Texas Court of Criminal Appeals
According to the CCP, a peace officer shall offer standby assistance to a victim of family violence in order for her to get her things

True or False
False
The time limitation for the offense of burglary is seven years

True or False
False, 5 years
A peace officer may arrest an offender, only if he has a warrant, for any offense committed in his presence or within his view

True or False
False
A warrant runs in the name of "The State of Texas" but can only extend to the county that issued the warrant

True or False
False
What a person has been actually placed under restraint, then he is under arrest, according to the CCP

True or False
True
A "capias" is a warrant issued by a court or clerk and directed "to any peace officer of the State of Texas", commanding him to arrest a person accused of an offense and bring him before that court immediately

True or False
False, it is a writ
A person who cannot financially afford an attorney is said to be
indigent
A railroad peace officer may/may not issue traffic citations for a transportation violation
may not
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