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CCP Study Guide
Ch. 3&4
Question | Answer |
---|---|
___________ is taking law enforcement action against a person because of their race, ethnicity or national origin, not on their behavior or info received identifying them as having done something criminal | Racial Profiling |
A peace officer may not engage in profiling. | False |
An agency must have a written policy that defines racial profiling, prohibits it, and has a complaint system. | True |
A report for motor vehicle stops DOES NOT include: | Condition of vehicle. |
Property used in the commission of specific offences is known as? | Contraband |
Contraband is subject to _______________ | seizure and forfeiture |
Once contraband is seized, the owner cannot get it back under any circumstances. | False |
The peace officer may seize property subject to forfeiture by a__________ | search warrant. |
________ for owners where property is used in the commission of a crime with out knowledge by a 3rd person. | Loop hole |
If the owner is not party to the offense .... and the property was stolen from the owner before used in the commission of a crime....then...... | No forfeiture |
The peace officer may seize property subject to ______by a ______. | forfeiture;search warrant |
IF the owner consents, seizure incident to owners can consent search. | True |
A Peace officers duties with reguards to seizure of contraband include: | Notify the state’s attorney and provide a sworn statement Seizure in within 72 hours Officer may not require/induce waiver. |
The state attorney has 25 days to get the ball rolling. | False |
Your _______ is attached to a notice of seizure and intended forfeiture. | your sworn statement |
A___________is like a civil lawsuit. | seizure of contraband |
Concerning seizure of contraband, its______vs_______. | State v The Property |
Officers are required to induce waiver with reguards to the seizure of contraband. | False |
All of these Courts can handle criminal cases in TX. | True |
Jurisdiction means? | The authority of a court to try a particular type of case |
Exclusive Jurisdiction | The only court that can hear a particular case |
Concurrent Jurisdiction | 2 courts can hear the case |
The courts of criminal appeals is the final appellate and review jurisdiction. | True |
Which court appeals in death penalty cases? | District Court |
The Court of appeals is considered........ | intermediate courts |
The Court of Appeals reviews death penalty cases | False |
The Court of Appeals will only hear appeals on cases where the fine exceeds 50 dollars, unless there is a question concerning the constitutionality of a statue. | False |
_________have original jurisdiction (trial). | District courts |
District Courts typically don't try felonies. | False |
District Court will not hear misdemeanors transferred from county court where the defendant is not guilty and the county court judge is not a lawyer | False |
Jurisdiction of County Courts: | Original jurisdiction (trial) A/B misdemeanors Misdemeanor cases that JP court does not have exclusive and original jurisdiction of and fines exceed 500 dollars. |
Court jurisdiction of justice court | Have original jurisdiction in cases where the punishment can be a fine or a fine + some other sanction that does not include jail time. Venue- where the trial is going to be |
JP Venue rules include all of the following EXCEPT: | The precinct where the defendant lives is not required. |
Municipal courts Have exclusive original jurisdiction within the city over: City ordinance violations punishable by fine up to 2,000 for fire, safety, zoning public health 500 for all other ordinances | True |
Municipal courts | Has concurrent Jurisdiction with Jp in state fine offences only. |