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Texas code of criminal procedure

Terms in this set (116)

Rights of the accused- In all criminal prosecutions, the accused shall: have a ______________ by an impartial jury.
Speedy, public trial
Rights of the accused- In all criminal prosecutions, the accused shall: Have the right to demand the ________and_________ of the accusation against him and have a copy thereof.
Nature and cause
Rights of the Accused- In all criminal prosecutions, the accused: Shall not be compelled to give _____________ against himself.
______ Amendment.
Evidence
5th amendment
Rights of the accused- In all criminal prosecutions, the accused: Has the right to be heard by ________ or through _______ or both.
_______ Amendment
*Himself
*Counsel
*6th amendment
Rights of the accused- In all criminal prosecutions, the accused shall have:
Compulsory process (______________ _____________) for obtaining witness in his favor.
Subpoena power
Rights of the accused- In all criminal prosecutions, the accused shall:
No person shall be held to answer for a felony unless on ________________ by a grand jury
Indictment
Except by Due Course of the law of the land, No citizen of this state shall be deprived of:
Life
Liberty
Property
Privileges
Immunities
In any way be disenfranchised
Congress should make no law on purpose of religion, freedom of speech, press, the right to peaceably assemble, redress grievances.
1st Amendment
The right to bear arms.
2nd amendment
Search and seizure, warrants based on probable cause.
4th amendment
Right to remain silent. Indictment, double jepordy, Due Process of law. No private property taken without compensation.
5th Amendment
Speedy/public trial, impartial jury, jurisdiction, right to be informed, confrontation, compulsory process, assistance of counsel.
6th Amendment
No excessive bail. No excessive fines. No cruel/unusual punishment
8th Amendment
Equal protection.
Due process.
14th Amendment
You need Proof beyond a reasonable doubt to _______someone.
Convict
You need ________________ to arrest someone or get a warrant.
Probable cause
You need _________________ to detain and investigate.
Reasonable articulable suspicion
The people shall be secure in their persons, houses, papers and possessions from all unreasonable _____________ or ____________.
Searches or seizures
No warrent to search any place or seize any person or thing shall issue without describing them as ________________ nor without _______________Supported by oath or affirmation.
As near as may be
Probable cause
Every _________and every_____________ is presumed _____________ unless you either have a ______________ or you meet an ____________ to the ____________ requirements.
Search
Seizure
Unconditional
Warrent
Exception
Warrent
________________ in texas is entitled to bail
Almost everyone
Exception of bail is: *
*
* Capitol offenses ( Death penalty)
*When the proof is evident
A_____________ writ issued by the court commands the authorities (law enforcement) to bring a party before a court or judge in order to determine the merits of his claim.
Habeas corpus
Shall never be suspended
Habeas corpus writ
No person shall be twice put in jeopardy of life or liberty; nor shall a person be again put on trial for the _______________ after a verdict of _________________ in a court of competent jurisdiction
Same offense
Not guilty
The Acquittal bar exempts a defendant from a second trial or a second prosecution for the same offense regardless of any irregularities in the proceedings. The only exception is if the the trial court did not have _______________. He may be prosecuted subsequently in a court having proper _____________.
Jurisdiction
Jurisdiction
____________ is the right or power of a court to hear a particular type of case.
Jurisdiction
Right to trial by jury. You can waive this right except in cases where the state is seeking the _____________
The death penalty
Right to trial by jury. You have to waive your right to jury in order to enter a plea bargain. Any waiver must be:
1
2
3
1. Made in person by the defendant
2. In wiring in open court
3. With consent and approval of the court and the attorney for the state.
_______ and ________ are privileged from arrest during the session of the legislature, and in going to and coming from the legislature, allowing one day for every 20 miles such member may reside from the place where the legislature convened.
Senators and representatives
Senators and representatives are privileged from arrests during the session of the legislature and in going to and coming from the legislature, allowing _________ for every __________ miles such member may reside from the place where the legislature convened.
One day for every 20 miles
List the 3 exceptions for the privilege of legislators.
1. Treason
2. Felonies
3. Breach of the peace
All proceedings and trials in all courts shall be public.
Public trial
At trial the defendant shall be confronted with witness, except in those rare cases where __________ have been taken.
Depositions
If the code fails to provide a rule of procedure for a situation that might arise, the rules of _____________ apply.
Common law
All prosecutions are carried on: "_______________________________" which will be at the top of the document.
In the name and by the authority of the state of Texas
All prosecutions are carried on: conclude with:
"_______________________________"
Against the peace and dignity of the state.
Styling of writs and process.
The style shall be: "_________________________"
The state of Texas.
Circumstances short of probable cause will justify a _______________ for investigation purposes.
Temporary detention
To justify an investigative detention officers must have______________________ which based upon their experience and personal knowledge and coupled with logical inferences from those facts, must amount to more than a mere hunch,a guess, or a vague suspicion.
Articulable facts
Articulable facts used by the office must: create some reasonable suspicion that some activity _____________________ is occurring or has occurred.
Out of the ordinary
Articulable facts used by an officer must: have some suggestion to ______________ the detainee with the unusual activity.
Connect
Articulable facts used by the office must: have some indications the unusual activity is related to a ____________ or _________
Crime or offense.
_____________ is more than mere suspension. It exist when the facts and circumstances within the officers knowledge.
Probable cause
Probable cause is __________ established by what turns up after the arrest.
Never
Any ____________ information, wherever it is gathered is admissible to establish probable cause, even if the evidence is not admissible at trial under the rules of evidence.
Trustworthy
The trustworthiness depends upon the reliability of the source of the ______________.
Hearsay
What is a magistrate?
A judge
Preserve the peace within jurisdiction by use of all lawful means, is one of the duties of _______________?
A magistrate
One of the duties of a _______________ is to issue all process intended to aid in preventing and suppressing crime.
A magistrate
One of the duties of a _______________ is to cause the arrest of offenders by the use of all lawful means in order that they may be brought to punishment.
A magistrate
When a magistrate sits for the purpose of inquiring into a criminal accusation against any person, this is called an ______________
Examining court
Why are magistrates important?
A. They are the trial judges.
B. They make probable cause determinations and sign search warrants.
Is a US Marshal and deputy US marshal considered a peace officer?
No.
Although special agents or feds are not deemed peace officers,they do have the same power of arrest,search and seizure as to a ________________ offense only under the laws of the state of Texas.
Felony
It is the duty of every peace officer to _____________________________.
Preserve the peace within the officers jurisdiction.
It is the duty of every peace officer to preserve the peace within the officers jurisdiction. To affect this purpose, the officer shall use _____________________
All lawful means
In every case authorized by the provisions of the code, peace officers shall interfere without a _______________ to prevent or suppress crime.
Warrant
Peace officers shall ___________________________ issued to the officer by any magistrate or court.
Execute all lawful process
Peace officers shall give notice to some magistrate of all ______________ committed within the officers jurisdiction,where the officer has good reason to believe there has been a violation of the law
Offenses
Whenever a peace officer meets with resistance in discharging any duty imposed upon him by the law, he shall summon a sufficient number of _____________ of his county to overcome the resistance; and all person summoned are bound to obey.
Citizens
The peace officer who has summoned any person to assist him in performing any duty shall report such person if he refuses to obey, to the proper ______________or ____________________ in order that he may be prosecuted for the offense.
District or county attorney
Who is the conservators of the peace?
Sheriff
Who is in charge with the responsibilities of the custody of prisoners?
Sheriff
When the sheriff is not in office, who handles the situation?
Deputy
How long does the police agency have to send an officer to assist with cps with a child abuse incident?
24 hours
What is racial profiling?
Judging someone based on the color of skin or gender, rather than behavior or information.
The power and authority conferred upon a court to pronounce the sentence of the law.
Jurisdiction
What is a justice of the peace (JP) punishable by?
Fine only. Not to exceed $500.
What does district/ criminal district courts deal with?
Felonies, official misconduct
What does DeNovo mean?
Do over
What does the judges have the power and authority to grant and issue?
Writ of hapeas corpus
Who can the municipal and justice of the peace courts appeal to?
County Court, county court at law.
What are the primary duties of an officer in a family violence case?
Protect the victims, enforce the law, enforce protective orders and make lawful arrest
How long is a protective order good for?
2 years
In family violence cases, a peace officer is required to create a report on what offense?
Assault, aggrivated assault, sexual assault,aggrivated sexal assault, terrorist threat.
How many years do you have to solve (indict) a misdemeanor case?
2 years
When can an officer from another state make an arrest in another state. Make a felony arrest.
Authority to make felony arrest, chasing a fleeing felon across the state lines into Texas, to make an arrest for a felony offense.
What is a citation/ ticket?
Gives written notice of the time and place he must appear before the judge. Also informs the person what they are being charged with.
What must be done after an arrest is made by a peace officer?
As soon as arrested, take the person "without unnecessary delay, but not later than 48 hours. "
What is a warrant?
Written order signed by a magistrate
What must the officer do after executing a warrent?
Shall without unnecessary delay, take the person before a magistrate.
What is an arrest.
When placed under restraint or taken into custody
When can an arrest be made?
On any day or at any time of the day or night.
What force can be used to arrest?
All reasonable means, but no greater force than necessary
What is a search warrent?
Commanding an officer to search for any property or thing and seize it.
What is evidentiary search warrent?
When you look for a specific item or description, told to you.
What is a complaint?
A charge made before a officer alleging a crime.
How long does a warrant have to be executed?
3 whole days, exclusive of the day of its issuance and the day of its execution.
What key word to look fit in the definition of an indictment?
Grand jury
What word to look for in a capias? And who can sign them?
Writ
Magistrate/Clerk
What is a subpoena?
Summoning one or more people to show up for court
What is a subpoena duces tecum?
Someone to bring something to court.
Who can serve a subpoena?
Someone 18 years or older or a peace officer
What is an attachment?
A writ, making an officer go get the witness and bring them to court.
What is the first amendment?
Freedom of speech
2 amendment?
Right to bear arms
4th amendment?
Search and seizure
5th Amendment?
Double jepordy/due process
6th Amendment?
Speedy and public trial (counsel)
8th Amendment?
Cruel and unusual punishment
14th Amendment?
Due process
What is the Supreme law of the land?
United States Constitution
Adversal judicial proceedings?
You have something to lose in a court proceedings
No warrent should be issued without describing them as?
Near as may be
Every search and every seizure is presumed to be unconditional unless?
You either have a warrant or you meet the warrant requirement
Senators and representatives are privileged from arrest during the session of the legislature, except for what three exceptions
Treason
Felonies
Beach of the peace
For temporary detention, officers must have articulate facts, from what case?
Terry vs. Ohio
Duties of a magistrate?
Preserve the peace, prevent and suppress crime- arrest offender by the use of all lawful means
When a magistrate sits for the purpose of inquiring into a criminal accusation against any person, is the memory of?
Examining court
Who are not peace officers in the state of taxas?
Any special agent, us postal service, or us marshal
What are the duties and powers of a peace officer?
Preserve the peace in their jurisdiction.
To affect their duties and powers, the officer shall use?
All lawful means
To repel aggression, the officer may use?
All force necessary
Who may call the military for assistance in a riot?
The sheriff
What are the officers duty regarding riots?
Commanding them to disperse.
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