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Texas Criminal Code

August 2014/Texas Criminal Code/Constitution/TX/Multi-Cultural

Which amendment avoids double jeopardy? 5th Amendment
Which Amendment provides for cruel and unusual punishment? 8th Amendment
Which provides for speedy trial? 6th Amendment
What is the only crime in the constitution? Treason
What Amendment is right to counsel? 6th Amendment
What Amendment provides for redress of grievances? 1st Amendment
Which amendment allows people to criticize govt.? 1st Amendment
Original Jurisdiction? First court for trial
Where would you find Police Powers? 10th Amendment
Separation of Powers? Judicial, Executive, legislatives
How do we get exceptions to the rights/protections: Supreme court
Right to seize and arrest? 4th Amendment
Arrest must have? Probable Cause
Criminal Justice System: U.S. Supreme Court: Texas Supreme Courts:Civil Texas Court of Criminal Appeals: Criminal, Texas Court of Appeals, District Court (Felony/Misdemeanor), County Court, Justice of the Peace/Municipal Court.
Case Example:1st Amendment Duran VS. Arizona
Case Example: 4th Amendment Tenn. vs. Garner
Case Example: 5th Amendment Miranda vs. Arizona
Attitude Mental Position, based on a person’s knowledge, feelings and experiences, about someone or something. Influencing him or her, to behave in a certain way. In regard to that person or thing.
Ethnicity: Share Religion, members, share language and other cultural pattern.
Race: Groups of people with common ancestry and physical characteristics.
Ethnocentrism: Act of regarding one’s culture an s the Center of the universe as a base for all cultures.
Prejudice: Adverse judgment before/option, without knowledge of facts.
Culture: Way of thinking, acting based on traditions learned behavior passed down from one generation.
Discrimination: Acting on the basis of discrimination.
Stereotype: Preconceived, ideas of people. Affords an idea of one that is not knowledgeable.
Scapegoating: Place blame on someone. In one’s personal life, or community.
Projection Project one tension and frustration onto other people.
Authoritarian Personality: Ones affliction with another dominant group.
Last function of prejudice: Societal Strain
Texas Code of Criminal Procedure: Objects of this Code Part: 1/2/3 1. To adopt measures for preventing the commission of crime 2. To exclude the offender from all hope of escape 3.To insures a trial with as little delay as consistent with the ends of justice
Texas Code of Criminal Procedure: Objects of this Code Part: 4/5/6 4. To bring the investigation of each offense on the trial all evidence tending to produce conviction or acquittal 5. To insure a fair and impartial trial 6. The certain execution of the sentence of the law when declared
Rights of Accused Speedy trial, impartial jury. The right to demand the nature and cause of the accusation against him. Shall not be compelled to give up evidence against himself. No person shall be held to answer for a felony unless indictment of a grand jury.
Right to Representation by Counsel The right to be represented by counsel includes the right to consult in private with counsel sufficiently in advance of a proceeding to allow adequate preparation for the proceeding.
Searches and seizures (4TH Amendment)The people shall be secure in their persons, houses, papers and possessions from all unreasonable seizures or searches, without describing them as near as may not be, nor without probable cause supported by oath or affirmation.
right to bail All prisoners shall be bail able unless for capital offenses when the proof is evident. This provision shall not be so construed as to prevent bail after indictment found upon examination of the evidence, in such manner as may be prescribed by law.
Habeas Corpus The writ of habeas corpus is a writ of right and shall never be suspended. (U.S. suspends during invasion or uprising. Texas Constitution does not suspend.)
Waiver of Rights (Except Capital Felony) The defendant in a criminal prosecution for any offense may waive any rights secured him by law except that a defendant in a capital felony.
Waiver of Trial by Jury (Capital Felony-Non Death Penalty) Art. 1.13 (B)the State notifies the court and the defendant that it will not seek the death penalty, the defendant may waive the right to trial by jury but only if the attorney representing the State, in writing and in open court, consents to the waiver.
Outlawry and transportation No citizen shall be outlawed, nor shall any person be transported out of the State for any offense committed within the same.
Privilege of legislators (While in Legislative Session) Senators and Representatives shall, except in cases of treason,felony,breach of the peace, be privileged from arrest. Allowing one day for every twenty miles.Distance to their home.
Duty of Magistrates duty of every magistrate to preserve the peace within his jurisdiction, to issue all process intended to aid in preventing and suppressing crime; to cause the arrest of offenders by the use of lawful means in order that they may be brought to punishment
Examining Court When the magistrate sits for the purpose of inquiring into a criminal accusation against any person, this is called an examining court.
Who are Police Officers? Sheriff Deputies, Constables,Deputy Constables,peace officer license. Marshalls police officers of an incorporated city, town, or village,and those who reserve municipal police offers who have a permanent license.Rangers commissioned by DPS.Agents of TABC
Railroad Police officers Director of DPS can appoint up to 250 railroad police officers
Special Investigators (Non-Texas Peace Officers) 1. Special agents FBI 2. Special Agents of the Secret Service 3. ICE. 4. DEA
Duties and Powers of Texas peace officers Preserve the peace within the officer’s jurisdiction. Interfere without warrant and to prevent and suppress crime. Arrest offenders without warrant and take before magistrate or court and be tried.
What Courts have criminal Jurisdiction? 1. County Court of Appeals 2.Courts of Appeals 3.District Courts 4.County Courts 5. JP courts 6. Municipal Courts
Neglecting to execute process 10.00 to 200.00 dollar fine neglecting to execute any summons or subpoena.
Conservator of the peace Each Sheriff shall be a conservator of the peace in his county and shall arrest all offenders against the laws of the state
Court of Appeals Courts of Appeals shall have appellate jurisdiction coextensive with the limits of their respective districts in all criminal cases except those in which the death penalty.
Texas Court of Criminal Appeals (Death Penalty) each judge thereof shall have, and is hereby given, the power and authority to grant and issue and cause the issuance of writs of habeas corpus, and, in criminal law matters, the writs of mandamus, proceeded, prohibition, and certiorari.
Jurisdiction of District Courts shall have original jurisdiction in criminal cases of the grade of felony, of all misdemeanors involving official misconduct, and of misdemeanor cases transferred to the district court under Article 4.17 of this code
Duties of Peace Officers duties of a peace officer who investigates family violence allegation/ disturbance call that may involve family violence, protect potential victim of family violence, enforce law of this state, enforce protective order from another jurisdiction,
Jurisdiction of County Courts The county courts shall have original jurisdiction of all misdemeanors of which exclusive original jurisdiction is not given to the justice court, and when the fine to be imposed shall exceed five hundred dollars.
When Felony has been Committed upon the representation of a credible person, that a felony has been committed, and that the offender is about to escape, so that there is no time to procure a warrant, such peace officer may, without warrant, pursue and arrest the accused.
Must take Offender before Magistrate in each case enumerated in this Code, the person making the arrest or the person having custody of the person arrested shall take the person arrested or have him taken without unnecessary delay, but not later than 48 hours
Felonies (Limitation to file) A. Murder and Manslaughter No limitation B. Sexual Assault,indecency with child No limitation
Felonies (Limitation to file) C. Theft, theft by public servant forgery Injury to elderly, arson Ten year limitation D.CC or Debit card fraud Seven Year Limitation E. Theft or robbery, insurance fraud Five Year Limitation
Misdemeanor 2 year limitation
Warrant of Arrest A "warrant of arrest" 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.
Requisites of Warrant name of "The State of Texas", and shall be sufficient,if it be known, if unknown, then some reasonably definite description must be given of him.2. It must state that the person is accused of some offense,signed by the magistrate.
Requisites of complaint name of the accused, description of him.It must show that the accused committed some offense. as committed such offense.3. It must state the time and place of the commission of the offense,signed by the affiant by writing his name or affixing his mark.
Complaint The affidavit made before the magistrate or district or county attorney is called a "complaint" if it charges the commission of an offense.
Search Warrant A "search warrant" is a written order, issued by a magistrate and directed to a peace officer, commanding him to search for any property or thing and to seize the same and bring it before such magistrate.
Warrant Extents to every part of the state issued by any county or district clerk, or by any magistrate (except mayors of an incorporated city or town), shall extend to any part of the State; all be authorized to execute the same in any county in this State.
Search Warrant for photos of child commanding him to search for and photograph a child and to deliver to the magistrate any of the film exposed pursuant to the order. Must be same sex as victim or have two officers.
Warrant time Limit (General) 3 Days/ , DNA 15 Days, for issue to execution.
Indictment An "indictment" is 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.
Definition of Capias 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
Subpoena Deces 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 the witness bring the same with him and produce it in court.
Death Requiring an Inquest justice of the peace shall conduct an inquest into the death of a person who dies in the county served by the justice if:(1) the person dies in prison under circumstances other than known.
What is the object of the CCP? (Parts 1,2,3 of 6) 1.Adopt measures to prevent commission of crime. 2.Exclude offender from all hope of escape. 3.Insure a trial with little delay, consistent with ends of Justice.
Death Requiring an Inquest Part II the person dies while attended by a physician who is unable to certify the cause of death and who requests the justice of the peace to conduct an inquest; or(8) the person is a child younger than six years of age and an inquest
What is the object of the CCP? (Parts 4,5,6 of 6) 4.To bring investigation of each offense to trial & produce conviction or acquittal. 5.Insure a fair and impartial trial. 6.Make certain the execution of the sentence of the law when declared.
What is Due Course of Law in the CCP? No citizen of this state shall be deprived of life, liberty, property, privileges or imunities or in any manner disenfranchised EXCEPT by due course of Law.
What are the rights of the accused? Speedy & public trial, an impartial jury, know the nature of accusations and copy thereof, right not to testify, right to confront accusers and call witnesses in his favor and not to be held for a felony w/out indictment of grand jury.
(Searches and Seizures) re-states what? The 4th amendment rights of a person to be secure in their persons, houses, papers, and possessions against UNREASONABLE searches without Probable Cause supported by an Oath or Affirmation (from a Magistrate or Judge).
(Right To Bail)states what? All Prisoners shall be bailable, unless for capital offenses where proof is evident. (but doesn't prevent bail in after indictment of a capital case)
(Writ of Habeas Corpus) states what? The Writ of Habeas Corpus is a Writ of Right and SHALL NEVER be suspended.
(Cruelty) states what? Excessive Bail and Excessive Fines cannot be imposed nor Cruel & Unusual Punishment inflicted.
(Jeopardy) states what? a persons cannot be tried or punished twice for the same crime if found not guilty in a court of competent jurisdiction
What is Competent Jurisdiction? A court trying an individual has the legal right and qualifications (based on the classification and punishment levels) to hear the matter.
(Acquittal A Bar) states what? Even if an individual is found not guilty in one court, IF it is later found the court didn't have competent jurisdiction to try the case, the individual can be re-tried in a court of competent Jurisdiction.
(Jury) states? The right to a Jury Trial shall remain inviolate (Permanent, can't be taken away)
Art #1.13 (Waiver of Trial by Jury/Non Death Penalty case): a Defendant in any case other than a Capital Felony where Prosecution seeks the death penalty SHALL have the right, upon entering a plea to Waive his right to a jury trial.
Art #1.18 (Outlawry & Transportation) No one can be "outlawed" or transported out of the state for any offense committed in the state.
(Waiver of Rights): states what? A defendant in a criminal case for any offense (excluding restrictions on Capital Jury Trial) may wave his rights secured to him by law.
(Jury in Felony) provides defendants with what options? It allows for Plea bargains to be made provided the defendant pleads guilty and he, the prosecutor and the judge agree to the terms of the Plea bargain.
Art #1.17 (Religious Beliefs) No person can be disqualified to testify based on their religious beliefs or lack of same (swearing on the bible etc.) Penalties of Perjury still apply.
(Liberty of Speech and Press) Everyone has 1st amendment rights, but are also liable for abuse of that privilege and in any cases involving "LIBEL" Jury's have right to determine the law and facts under the direction of the court as in other cases.
Art #1.21 (Privilege of Legislators) While Legislators are in session and 1 day for every 20mi travel time before and after session, they are exempt from arrest except for Treason, Felony, or Breach of Peace.
Art #1.24 (Public Trials) All trials in ALL courts, SHALL be Public.
Art #1.23 (Dignity of the State) All justices from: Supreme Court, Court of Criminal Appeals, Court of Appeals and District Courts SHALL by virtue of their offices be "Conservators of the peace throughout the state"
Art #1.25 (Confronted by Witnesses) Defendants, upon trial shall be confronted by witnesses, except in certain cases (provided for by code) where depositions have been taken.
Art #1.27 (Common Law Governs) If this code (CCP) fails to provide rule of procedure, Common Law shall be applied to Govern.
Art #2.09 (Who are Magistrates) Justices & Judges of the: Supreme Court, Court of Criminal Appeals, Courts of Appeals, District Courts, Justices of the Peace, The Mayors & Recorders (Clerks), and judges of Municipal Courts of incorporated towns and cities.
Art #2.10 (Duties of Magistrates) To preserve the peace within their jurisdiction by all lawful means, issue processes to aid in prevention & Suppression of Crime and to cause arrest of offenders by all lawful means that they can be brought to punishment.
Art #2.12 (Who are Peace Officers) Sheriff,Deputies, constables, Marshals (of towns), Municipal Police officers, Reserve officers, Troopers, Texas Rangers, District Attorney Investigators, Game wardens, Air Port Police, Arson investigators, Municipal Park Officers,
Art #2.121 (Railroad Peace Officers) Have Jurisdiction over their lines, cars, personal, property, etc. They CANNOT issue traffic Citations.
Art #2.122 (Special Investigators) Federal Criminal Investigators Are NOT "Peace Officers" in the state of Texas they are special investigators for the Federal Government, but do have powers of arrest for Felony offenses only under Texas Law & any applicable Federal Law - No Misdemeanors
Art #2.123 (Adjunct Police Officers) Have Jurisdiction over a Geographical area of a private institution of higher education. Governing board can hire up to 50 with annual agreement of Sheriff or Chief of Police & Private Institution.
Art #2.124 (Peace Officer from Adjoining State is granted the same powers as a peace officer of this state when transporting a criminal (to or from) across state line from adjoining counties for Medical Treatment (and may pursue if inmate escapes).
Special Rangers of the Texas & Southwestern Cattle Raisers Association DPS may appoint up to 50 special rangers to the TSWCRA to aid Law Enforcement in investigation of theft of Livestock or related property. They CANNOT enforce Traffic Laws.
Duties of A Peace Officer? Preserver the peace within your Jurisdiction - Interfere without warrant to prevent or suppress crime. Execute all Lawful processes issued him by a magistrate or court. Give notice to a magistrate of all offenses committed in violation of the penal code.
(Neglecting to Execute Process) Willful refusal or failure from Neglect to execute a legal process made his duty, subjects officer
(Conservator of the Peace) Each Sheriff Shall be a conservator of the peace in his county
Custody of Prisoners It's the Sheriff's responsability to lock up and prevent escape of all inmates placed in his custody by a court except as allowed by bail.
(Investigation of certain reports alleging Child abuse) Report must be investigated and copy of report sent to the Department of Protective and Regulatory Services within 24hrs (should be jointly investigated). (Also includes nursing/convalescent home abuse)
Duties regarding misused Identity Arresting Agency must notify the victim of the misused Identity (for arrest) to allow that person to file for expungement & correction of records. And must notify DPS of same and whether they were able to notify the victim of the misused Identity.
What is Racial Profiling? Profiling based on a person's race, ethnicity or national origin rather than on individuals behavior or information they identifying them (or someone matching their description) was involved in a crime.
How many members of Grand Jury to Indict? 9 Members
How many to justify a "Riot"? 7 Members
How many for a Gang? 3 Members with like traits or connections.
How much time do you have for protective order? 31 Days. Can be extended.
Can a Sheriff, call on troops in the county? Yes, he can call all troops to aide in county.
What happens if a citizen does not help a peace officer if called upon to help? No, offense. However, name could be forwarded to have DA move on it.
For all CCP examples, the District Attorney is the Wrong Answer. True, the District Attorney is most likely the "No" or wrong anything!!!
Is is correct to say "Burglary of a Motor Vehicle: BMV? No, it is "Burglary of a vehicle". So don't be stupid and make my mistake!
Texas sues California, who hears case? U.S. Supreme Court
U.S. Supreme Court hears some cases, but what do they set? The set precedence in cases, (i.e-Miranda vs. Arizona)
If you are a Peace Officer and do official misconduct, what court do you go too? District court of your county.
If you violate someones, Rights? FBI, investigates you and your still followed by FEDS.
What separates Texas from U.S Constitution? Texas has victims rights, and maintains your due process.
Created by: Madhatterd7