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code of criminal procedures

Terms in this set (51)

This Code is intended to embrace rules applicable to the prevention and prosecution of offenses against the laws of this State, and to make the rules of procedure in respect to the ____________________________ of offenses intelligible to the officers who are to act under them, and to all persons whose rights are to be affected by them.
prevention and prosecution
Which of the following is an objective of the CCP? A. To safeguard conduct that is without guilt from condemnation as criminal
To adopt measures for preventing the commission of crime.
Which position listed below may not be considered a peace officer in Texas?
. Investigators of the District Attorney's Office D. Investigators for the Texas Medical Board that are not commissioned by TCOLE
Which position listed below would be considered a peace officer in Texas? A. Deputy Constables B. TCOLE Licensed Investigators for the Texas Medical Board C. Investigators of the District Attorney's Office D. Law enforcement agents of the Texas Alcoholic Beverage Commission E. All the above5. Which of the following is not a peace officer?
ATF agent
In Texas, a railroad peace officer is..
A. Special Investigator B. Peace officer C. Adjunct peace officer D. None of the above
D. None of the above
The following named criminal investigators of the United States shall not be deemed peace officers, but shall have the powers of arrest, search, and seizure under the laws of this state as to
_felony offenses only _
Officers appointed under this article shall aid law enforcement agencies in the protection of the municipality or county _____________________________ that is designated by agreement on an annual basis between the appointing chief of police or sheriff and the private institution.
_in a geographical way
The tribal council of the ____________ _____ is authorized to employ and commission peace officers for the purpose of enforcing state law within the boundaries of the tribe's reservation.
Alabama-Coushatta Indian Tribe
It is the duty of every peace officer to ___________________ within the officer's jurisdiction.
to preserve the peace
If any sheriff or other officer shall willfully refuse or fail from neglect to execute any summons, subpoena or attachment for a witness, or any other legal process which it is made his duty by law to execute, __________________________________________ not less than ten nor more than two hundred dollars, at the discretion of the court.
He shall be liable to a fine contempt_
. A ______ have the same duty as the as the sheriff
sheriff's deputies _
Each ________ shall be a conservator of the peace in his county, and shall arrest all offenders against the laws of the State, in his view or hearing, and take them before the proper court for examination or trial.
Sheriff
When a prisoner is committed to jail by warrant from a magistrate or court, ________________________.
_he shall be placed in jail by the sheriff_
_________________ from the appropriate local law enforcement agency shall investigate the report jointly with the department or with the agency responsible for investigating under Subchapter E, Chapter 261, Family Code.
Peace officer
Which of the following is a duty of Texas peace officers?
A. Preserve the peace
B. Issue process
C. Charge offenders
D. All of the above
. Preserve the peace
Which peace officer is considered to be the "conservator of the peace" within her county?
A. Any peace officer
B. Sheriff
C. DPS trooper
sheriff
. Each ________ shall be a conservator of the peace in his county, and shall arrest all offenders against the laws of the State, in his view or hearing, and take them before the proper court for examination or trial.
_Sheriff_
When a prisoner is committed to jail by warrant from a magistrate or court, __________________
he shall be placed in jail by the sheriff
________________ from the appropriate local law enforcement agency shall investigate the report jointly with the department or with the agency responsible for investigating under Subchapter E, Chapter 261, Family Code.
_Peace officer
As soon as possible after being notified by the department of the report, but not later than 24 hours after being notified, the peace officer ___________________ the department investigator in initially responding to the report.
_shall accompany__
Family violence is a serious danger and threat to society and its members. Victims of family violence are entitled to the ___ ____________________ from harm or abuse or the threat of harm or abuse as is permitted by law.
maximum protection
In any law enforcement, prosecutorial, or judicial response to allegations of family violence, the responding law enforcement or judicial officers ______________________________, without regard to the relationship between the alleged offender and victim.
shall protect the victim
A peace officer's or a magistrate's duty to prevent the commission of criminal offenses, including acts of family violence, _______________________________ because of a family or household relationship between the potential violator and victim.
is not waived or excepted
The primary duties of a peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence are to ____________________________________________________, enforce the law of this state, enforce a protective order from another jurisdiction as provided by Chapter 88, Family Code, and make lawful arrests of violators.
are to protect any potential victim of family violence
Peace officers who investigate family violence allegations shall advise any possible victim of all reasonable means to further prevent family violence. How should this be done?
A. By written notice
B. By verbal notice
C. By follow-up telephone calls to the appropriate domestic violence clearinghouse D. It's not necessary but left to the peace officer's discretion.
By written notice
A peace officer's or a magistrate's duty to prevent the commission of criminal offenses, including acts of family violence, _______________________________ because of a family or household relationship between the potential violator and victim.
is not waived or excepted
The primary duties of a peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence are to ____________________________________________________, enforce the law of this state, enforce a protective order from another jurisdiction as provided by Chapter 88, Family Code, and make lawful arrests of violators.
are to protect any potential victim of family violence
Peace officers who investigate family violence allegations shall advise any possible victim of all reasonable means to further prevent family violence. How should this be done? This should be done ___________________.
By written notice
In the discretion of a peace officer, the officer may stay with a victim of family violence to protect the victim and ________________________________________________ or of a child in the care of the __________________________ in an orderly manner.
allow the victim to take the personal property of the victim///the victim to a place of safety
When a peace officer responds to a family violence disturbance, the officer makes a written report. What information is not required for this report?
A. Name of the suspect and complainant
B. Any visible or reported injuries
C. Previous incidents involving other spouses
D. Day, date, and time of the disturbance.
Previous incidents involving other spouses
A peace officer may stay with the victim of family violence to protect the victim and
A. allow the victim to take any property to a place of safety
B. allow the victim to take any child to a place of safety
C. allow the victim to take her personal property to a place of safety D. allow the victim to take possession of any marital property
C. allow the victim to take her personal property to a place of safety
It is the duty of every peace officer, when he may have been informed in any manner that a threat has been made by one person to do some injury to himself or to the person or property of another, including the person or property of his spouse, to prevent the threatened injury, if within his power; and, in order to do this, ______________________________________________. He may take such measures as the person about to be injured might for the prevention of the offense.
he may call in aid any number of citizens in his county.
Whenever, in the presence of a peace officer, or within his view, one person is about to commit an offense against the person or property of another, including the person or property of his spouse, or injure himself, it is his duty to prevent it; and, for this purpose ____________________________________________________________________.
the peace officer may summon any number of the citizens of his county to his aid
The peace officer must use the __________________________________ to prevent the commission of the offense, and no greater.
force
The conduct of peace officers, in preventing offenses about to be committed in their presence, or within their view, is to be regulated by the same rules as are prescribed to the action of the person about to be injured. __________________________________________________.
They may use all force necessary to repel the aggression
According to the CCP, it is the duty of every peace officer, when he may have been informed in any manner that a treat has been made by one person to do some injury to himself or to the person or property of another, including the person or property of his spouse, to prevent the threatened injury, if within his power; and, in order to do this,
A. he shall summon citizens to his aid.
B. he can summon citizens to his aid.
C. he can summon as many citizens of his county as he may think proper to aid him
D. he shall command as many citizens of his county as he may think proper to aid him
E. he may call in any number of citizens in his county.
. he may call in any number of citizens in his county.
According to the CCP, Whenever, in the presence of a peace officer, or within his view, one person is about to commit an offense against the person or property of another, including the person or property of his spouse, or injure himself, it is his duty to prevent it; and, for the purpose the peace officer
A. he shall summon citizens to his aid.
B. he can summon citizens to his aid
C. he may summon any number of citizens of his county to his aid.
D. he shall command as many citizens of his county as he may think proper to aid him.
E. he can summon as many citizens of his county as he may think proper to aid him. #41
he may summon any number of citizens of his county to his aid.
Whenever, in the presence of a peace officer, or within his view, one person is about to commit an offense against the person or property of another, including the person or property of his spouse, or injure himself, it is his duty to prevent it; and, for this purpose _______________________________________________________________
...
For an original or modified protective order rendered under this article, on receipt of the order from the clerk of the court, a law enforcement agency shall immediately, _, ________________, enter the information required by Section 411.042(b)(6), Government Code, into the statewide law enforcement information system maintained by the Department of Public Safety.
, but not later than the 10th day after the date the order is received,
The conduct of peace officers, in preventing offenses about to be committed in their presence, or within their view, is to be regulated by the same rules as are prescribed to the action of the person about to be injured. __________________________________________________.
...
A person may request the court to render a protective order under Title 4, Family Code, for the protection of the person. The request is made by filing "__________________________________" in the same manner as an application for a protective order under Title 4, Family Code.
_An Application for a Protective Order_
. When any officer authorized to execute process is resisted, or when he has sufficient reason to believe that he will meet with resistance in executing the same, he may command as many of the citizens of his county as he may think proper; and the sheriff may call any military company in the county __to aid him in overcoming the resistance___________________________________________, and if necessary, in seizing and arresting the persons engaged in such resistance.
to aid him in overcoming the resistance
Whenever a number of persons are assembled together in such a manner as to constitute a riot, according to the penal law of the State, it is the duty of every magistrate or peace officer ________________________________________________.
to cause such persons to disperse
The officer engaged in suppressing a riot, and those who aid him are authorized and justified in adopting such measures as are necessary to suppress the riot, but ___________________________________________________________________
are not authorized to use any greater degree of force than is requisite to accomplish that object.
_________________ so appointed shall, during the time for which they are appointed, exercise the powers and perform the duties properly belonging to peace officers.37. If the court finds from the information contained in an application for a protective order that there is a clear and present danger of sexual assault or abuse, stalking, trafficking, or other harm to the applicant, the court, without further notice to the alleged offender and without a hearing,_____________________________ for the protection of the applicant or any other member of the applicant's family or household.
special constables
At the close of a hearing on an application for a protective order under this chapter, the court shall find whether there are _______________________ to believe that the applicant is the victim of sexual assault or abuse, stalking, or trafficking.
reasonable grounds
In a protective order issued under this chapter, the court may order the alleged offender to take action as specified by the court that the court determines is necessary or appropriate to ________________________________________________ to the applicant or a member of the applicant's family or household.
prevent or reduce the likelihood of future harm
In a protective order issued under this chapter, the court may prohibit the alleged offender from _________________________________________ with the applicant or any member of the applicant's family or household in a threatening or harassing manner.
take action
Each ________________ issued under this chapter, including a _______________________, must contain the following prominently displayed statements in boldfaced type, capital letters, or underlined.
protective order/a temporary ex parte order
A protective order issued under Article 7A.03 may be effective for the duration of the lives of the offender and victim or for any shorter period stated in the order. If a period is not stated in the order, _____________________________________________________________________.
, the order is effective until the second anniversary of the date the order was issued.
If the court finds from the information contained in an application for a protective order that there is a clear and present danger of sexual assault or abuse, stalking, trafficking, or other harm to the applicant, the court, without further notice to the alleged offender and without a hearing, _________________________________ for the protection of the applicant or any other member of the applicant's family or household.
may enter a temporary ex parte order
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