Term
| What is the effective date of the CCP? |
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Definition
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Term
| What are the six objectives of the CCP? |
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Definition
1. To adopt measures for preventing the commission of crime;
2. To exclude the offender from all hope of escape;
3. To insure a trial with as little delay as is consistent with the ends of justice;
4. To bring to the investigation of each offense on the trial all the evidence tending to produce conviction or acquittal;
5. To insure a fair and impartial trial; and
6. The certain execution of the sentence of the law when declared.
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Term
| What is meant by the DUE COURSE OF LAW? |
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Definition
No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.
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Term
| What are the RIGHTS OF ACCUSED, in all criminal prosecutions? |
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Definition
1.) A speedy public trial by an impartial jury;
2.) Be presented with the charges against you and receive a copy (no joke!);
3.) Do NOT have to give evidence against oneself;
4.) Have the option to represent yourself or counsel, or both;
5.) Shall be confronted with the witnesses against him;
6.) Have the right to present witnesses in your favor; and
7.) No person shall be held to answer for a felony unless on indictment of a grand jury. |
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Term
| What 2 items are required before a defendant is allowed to waive their right to legal counsel? |
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Definition
Defendant's waiver must be:
1.) voluntary, and
2.) intelligently made |
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Term
| Where do people have a reasonable right to be secure against all unreasonable seizures or searches? |
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Definition
1.) Persons,
2.) Houses,
3.) Papers and;
4.) Possessions |
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Term
| SEARCH WARRANTS SHALL have what 3 things to be legal? |
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Definition
1.) SHALL describe PROPERTY to be seized;
2.) SHALL be based on probable cause, and
3.) SHALL be sworn by oath or affirmation. |
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Term
| All prisoners shall be bailable unless what? |
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Definition
| Charged with a Capital Offenses (Art. 1.07. RIGHT TO BAIL). |
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Term
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Definition
| It is a WRITTEN court order, addressed to the custodian (a prison official for example) demanding that a prisoner be taken before the court, and that the custodian present proof of authority, allowing the court to determine if the custodian has lawful authority to detain the person. |
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Term
| A Habeas Corpus has 2 what unique characteristics? |
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Definition
1. It is a person's legal Right, and
2. Shall NEVER be suspended. |
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Term
| According to CCP 1.09 - CRUELTY FORBIDDEN, is a protection against what 3 things? |
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Definition
1.) Excessive bail,
2.) Excessive fines, and
3.) Cruel or Unusual Punishment. |
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Term
| According to CCP 1.10. JEOPARDY, is a protection against what? |
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Definition
| Being charged twice (ie, "double jeopardy") for the same crime after a verdict of not guilty in a court of competent jurisdiction |
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Term
| Define CCP 1.12. RIGHT TO JURY. |
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Definition
The right of trial by jury shall remain inviolate.
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Term
| In a capital felony case, how can a defendant waive their right to a jury? |
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Definition
| When the prosecution DOES NOT seek the death penalty. |
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