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CCP Study guide
CCP Ch. 1&2
| Question | Answer |
|---|---|
| The object of this code? | Prevent crime Exclude escape Trial without delay Gather all evidence (for the prosecutor and against the defendant) Insure a fair and impartial trial Certain execution of sentence |
| Basic rights in CCP? | Due process of the law 1.05- defendant’s rights (rights of the accused) 1.051- Right to an attorney (this right may be waived) 1.06- right to refuse unreasonable search and seizure. 1.07- right to bail (not for capital cases, or parol vioalations) |
| The right to Habeas Corpus means what? | (have the body) The right to know why one is being held. |
| The right against cruel and unusual punishment also includes? | Manor of punishment |
| The right against double jeopardy means? | can only be tried once for the same charge |
| Acquittal in a trial means?? | if it does not fit…you must aquit |
| Both state and defendant have a right to? | a jury |
| You have a right to waive jury EXCEPT: | in a death penalty case |
| You always have a right to waive all _____. | rights |
| You have a right to ______ except in life or_______death cases. | jury, death. |
| Religious beliefs are covered in what amendment? | 1st. |
| Outlawry and transportation means??? | ant move an outlaw to another place |
| Privilege of legislators means what?? | cant be arrested while in session unless its for treason, felony, breach or breach of peace |
| You have right to a public trial for?? | transparency |
| You have a right to confront the?? | witness |
| Do we have common law in texas? | No |
| A magistrate in texas is? | Judges, Mayors, and recorders |
| Magistrates duties DO NOT include....(which one is truest?) | preserve peace, issue process (paper work) to suppress crime and cause the arrest of peace officers when necessary. |
| Peace officers in TX does not include? | Agents of the ATF |
| Who are peace officers in texas? | Apprehension specified commissioned by TX as officers |
| Armed Security Guards are considered peace officers in TX. | Hell no! |
| Railroad Cops have jurisdiction to right traffic tickets. | FALSE |
| Railroad cops are appointed by...... | Department of Public Safety |
| Special investigators in Texas have arrest authority in ALL ______ cases. | Felony |
| Adjunct police officers- private/ college police exist only in_______ | counties under 200,000 |
| Chief/sheriff have jurisdiction over the private college, the can appoint______ police officers. | adjunct |
| Adjunct Police Officers do NOT have full police authority. | False! |
| Customs and Border Patrol can arrest you for DUI/PI. | False! They can only detain you. |
| What 'Special Investigator' has arrest, search and seize authority in texas? "which is truest?" | secret service can |
| Jurisdiction for Adjunct Cops is the campus area and 2 miles outside. | False! |
| What two reasons would adjoining out-of-state cops have full TX peace officer authority??? | The officer has physical custody of on inmate or defendant and is transporting to a hospital in an ajoining county that boarders state lines. (dinner rule) (Texarkana) Officer in a high pursuit |
| The dinner rule applies to what city in Texas? | Texarkana |
| Special Peace Officers of Texas South Western Association have full TX Peace Officer Authority? What for? | False! they are called rangers. Cattle Rustlin |
| Indian tribe peace officers can operate in 2 circumstances. 1. They are on the reservation. 2. If they are near your jurisdiction, and you ask them for help. | True! |
| School Marshalls were added to the CCP in 2009. | False! |
| Which is 'truest' about school marshalls? | MUST be approved by the school district, limited of previous school SBI/Death |
| You must hold a _____ to be a school marshall. | CHL |
| If you are found in contempt of court you may be fined: | 10-200 dollars. |
| Neglecting to execute process usually means....... | If an officer shall willingly refuse to execute any subpoena, summons, or an attachment for witness or any other legal process that he has a duty to execute. |
| the #1 duty of the police officer is to preserve the_______ | Peace |
| Tx peace officers are NOT required possession of a missing child. | False |
| The_________is in charge of LE in the county. | Sheriff |
| The________ is the conservator of the peace. | Sheriff |
| Deputies have the same authority as the Sheriff. | True |
| Peace officers in Texas have a duty to investigate________. | Nursing home complaints;Immediate risk of physical/sexual abuse of a child |
| Peace officers in Texas have a duty to investigate certain reports alleging________;_________;_________;__________. | Abuse Neglect Exploitation Notify a person if their ID was used by an arrested person (misused identity) person knowingly used someone else’s identity when being arrested. |
| Who must you notify to remove a charge from an innocent ID theft victim's record? | Department of Public Safety |
| A report is not required if when someone commits ID theft. | False |