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2016 GC Chpt 6 CCP
Chapter 6 Study for CCP.
214
Law
Not Applicable
09/25/2016

Additional Law Flashcards

 


 

Cards

Term

Intent of CCP

Definition

Intended to encompass rules applicable to the prevention and prosecution of offenses against the laws of the state of Tx

Make the laws intelligible to officers who act under them and to all whose rights are affected by them.

Term

In general, who are magistrates

Definition

Judges of courts
This includes:
Judges of the Supreme Court,
Judges of the criminal court of appeals
Justices of the court of appeals
judges of district courts
Mayors of incorporate cities, towns, villages

Term

Who are peace officers

Definition

Sherrifs and their deputies
Constables and their deputies
Marshalls or police officers of incorporated cities, towns, villages.
Rangers and officers commissioned by Public Safety Commision
Investigators of the district attorneys office.
Law enforcement officers of ABC
see pg 112 Training guide

Term

Which criminal investigators are not  deamed a peace officers in the State of Texas

Definition

Special Agents of the FBI
Special Agents do the secret service
Special agents of US I migration and Customer in for cement
Special agents of the Alcohal, Tobacco, Firearms and explosives
Special agents of Drug Enforcement Administration
Special Agents of Criminal Investigation of IS

see pg 113 -114 of training guide.

Term

What are Adjunct Police Officers

Definition

Within counties of less Tha 200k, The chief of police or sheriff that has jurisdiction over geographical area of private institutions of higher education may appoint, with the institutions consent, up to 50 peace officers who are commissioned under the Education Code. These are know as Adjunct Officers

Term

Special Rangers of the TSWCRA

Definition

The Director of the Department of Public Safety may appoint up to 50 Special Rangers who are employed by the TSWCRA to aid law enforcement in the investigation of the theft of live stock or related property.

Term

Alabama - Coushatta tribe peace officers

Definition

Is authorized to employ and commission  peace officers for the purpose of enforcing state laws within the bounded is of the reservation.

Term

Duties and Powers of a Texas Peace Officer

Definition

Every peace officer has the duty to preserve the Peace within their jurisdiction.
May use any lawful means to achieve this objective.
Where authorized by code, intervene without warrant to prevent/suppress crime.
Required to execute all lawful process issued to them.
Notify some magistrate of all offenses committed within jurisdiction.
May arrest without warrant  in every case where they are authorized by law in order to be taken before the proper or court and be tried magistrate.

Term

Arrest by Peace Officer from another Jurisdiction

Definition

A peace officer, commissioned and authorized by another state to make arrest for felonies, That is in fresh pursuit of a person for the purpose of arresting the person for a felony, may continue pursuit into this state and arrest the person. pg 118 training guide.

Term

What does it take for a charge of treason?

Definition

2 witnesses to the same overt act or confession in open court

Term

What is Privilage of Legislature?

Definition

Senators and legislatures shall, except in cases of treason, felony or breach of peace, be privilaged from arrest during the session of the legislature.  Also in going to and from the legislature. Allowed 1 day for every 20 miles traveled each way.

Term

Which magistrates are covered by Dignity of the State?

Definition

Texas Supreme Court judges
Judges of the Court of Criminal Appeals
Judges of District Courts
Basically state level courts.

Term

What is Dignity of State?

Definition

The style of All writs  and processes shall be "The State of Texas".
All prosecutions shall be carried on "in the name of and by the authority of "The State of Texas" and conclude "against the Peace and dignity of the State".

Term

CCP 1.24 Which trials are public?

Definition

The proceedings and trials in all courts shall be in public.

Term

CCP 125 When does a witness not have to be in court?

Definition

In certain case, when provided by code, a deposition is taken.

Term

CCP 1.25 True or false.  A defendent on trial , except in cases of deposition, is always allowed to be confronted by witnesses. 

Definition

True

Term

CCP 1.27 When does Common Law Govern?

Definition

When Code fails to provide a rule of procedure in any particular state of case which may arise.

Term

CCP 2.09 Who are magistrates?

Definition


From page 111 of the study guide  by Nichols
Justices of:
The Texas Supreme Court
Court of Criminal Appeals
District Courts
County judges
Justices of the Peace
Mayors
recorders
judges of municipal courts of incorporated cities or towns.

In many counties Magistrates appointed by the courts.

Term

CCP 2.10 What are the duties of Magistrates?

Definition

1. Preserve the Peace in their jurisdiction by use of all lawful means

     2. To issue all process intended to aid in the prevention of crime

     3. To cause the arrest of offenders by use of lawful means in order that they may be brought to punishment

Term

CCP 2.11 What is an examining court?

Definition

When a magistrate sits for the purpose of inquiring into criminal accusations against any person.

Term

CCP 2.12 Who are Peace Officers?

Definition

Basically any one who has a permanent peace officers license. Also includes: Investigators commissioned by Texas Board of Medical Examiners
County Park Rangers
Stewart's and Judges employed by the Texas Racing Commision
Officers of the Parks and Wildlife Commision

Butt load of others

For detailed list see page 129 in tex book or pg 112 in Nichols study guide.

Term

CCP 2.121 What do Railroad Peace Officers cover?

Definition

A railroad peace officer may make arrests and exercise all authority given peace officers when necessary to prevent or abate the Commision of any offense involving injury to passengers or employees of the railroad or damage to railroad or property in custody or control of the railroad.

Term

CCP1.121 Is a railroad peace officer allowed to issue traffic citation?

Definition

No.

Term

CCP 1.121 Is a Railroad peace officer entitled to state benefits?

Definition

No

Term

CCP 1.121 Who appoints Railroad Peace Officers?

Definition

The Department of Public Safety may appoint up to 250.

Term

CCP 1.121 Who is a Railroad Peace employed by?

Definition

The railroad company

Term

CCP 2.122 Which Special Investigators are not Peace Officers?

Definition

In general federal investigators which includes, but is not limited to:
Special agents of the FBI
Special Agents of the secret service
Special agents of US ICE
Special agents of Bureau of Alcohal, Tobacco, Firearms and Explosives
Special agents of DEA
Special agents do US Postal
Special agents Criminal IRS

See pg 113-115 Nichols study guide

Term

CCP 2.123 Who are Adjunct Police Officers?

Definition

Within counties of less than 200k, the chief of police or sheriff that has jurisdiction over geographical area of a private institution of higher education may appoint, with the institutions consent, up to 50 peace officers who are commissioned under the Education code.

Term

CCP 2.123 What is the jurisdiction of an Adjunct Peace Officer?

Definition

Campus and an area not to exceed further than 1 mile from the perimeter of a campus if the area is inhabited primarily by students or employees of the institution.

Term

CCP 1.125 Who appoints Special Rangers of the TSWCRA and how many can be appointed?

Definition

Department of Public Safety
Up to 50

Term

CCP 2.125 Who are the special Rangers of the TSWCRA emplyees by?

Definition

TSWCRA

Term

CCP 2.125 What do Special Rangers of TSWCRA do?

Definition

They aid law enforcement agencies in investigation of theft of livestock and related properties.

Term

CCP 2.125 When can a Special Ranger of the TSWCRA make arrest?

Definition

A Special Ranger of the TSWCRA can make arrest and exercise all authority given a peace officer when necessary to prevent or abate the Commision of an offense involving livestock or related property.

Term

CCP 2.125 Can Special Rangers of the TSWCRA issue traffic citations?

Definition

No.

Term

CCP 2.126 What is the jurisdiction of a peace officer of the Alabama - Coushatta Indian tribe?

Definition

Within the boundaries of the reservation,
Or if summoned by another peace office, outside the reservation, to provide assistance.

Term

CCP 2.131Is a peace officer prohibited from racial profiling?

Definition

No.  It says may not.
It does not say shall not. But agency's must have a policy prohibiting racial profiling. Even though in 2.132 it states each agency must have a written policy "strictly prohibiting" racial profiling.

Term

CCP 2.132 Is a law enforcement agency required to adopt a detailed written policy on racial profiling?

Definition

Yes the requirements is a shall.

Term

CCP  8.01 When can a peace officer summon help from citizens?

Definition

When an officer authorized to execute a process is resisted, or when sufficient reason to believe that he will meet with resistance executing the same.

Term

CCP 8.01 Which citizens can an officer summons aide from and how many?

Definition

As many citizens of the county as he may think proper.

Term

CCP 8.01  Can a sheriff summon the military for assistance?

Definition

Yes. the sheriff may call any military company in the county to aide him in over coming resistance.

Term

CCP 8.04 When is it allowed for a magistrate or peace officer to disperse an assembly?

Definition

Whenever a number of persons are assembled together in such a manner as to constitute a riot, it is the duty of the magistrate or peace officer to cause such persons to disperse.

Term

CCP 8.04 How can a riot be dispersed?

Definition

By commanding them to disperse or by arrest.

Term

CCP 8.04 Is it necessary to have a warrant to arrest for riots?

Definition

No.  It can be with or without a warrant.

Term

CCP 8.05 Can an officer call for aide to disperse a riot?

Definition

Yes.

Term

CCP 8.06 How much force can be used by an officer and those aiding, to suppress a riot?

Definition

They are authorized and justified in adopting such measures as are necessary to suppress the riot, but are not authorized to to use any greater degree of force than is requisite to accomplish the objective.

Term

CCP 2.14 When can a peace officer summon aid?

Definition

When a peace officer meets with resistance in discharging any duty imposed on him by law, he shall summon sufficient number of citizens of his county to overcome the resistance.

Term

CCP 2.14 Are citizens summoned to provide aide allowed to ignore the summons?

Definition

No.  All persons summoned are bound to obey.

Term

CCP 2.16 What happens if a peace officer neglects to execute due process?

Definition

If a peace officer willfully refuses or fails from neglect, they can be fined no less than $10 and no more than $200.

Term

CCP 2.17 Who is Conservator of the Peace?

Definition

Each sheriff shall be Conservator of the Peace.

Term

CCP 2.17 What is the responsibility of the Sheriff as Conservator of the Peace?

Definition

In there county, they shall arrest all offenders against the the laws of the State, in view or hearing, and take them to proper court for examination or trial.

He shall quell and suppress all assaults and batteries, affrays, insurrections and unlawful assemblies.

He shall apprehend and commit to jail all offenders until an examination or trial can be had.

Term

CCP 2.18 Who places offenders in jail?

Definition

When an offender is committed to jail by warrant from a magistrate or court, they shall be placed in jail by the Sheriff.

Term

CCP 2.20 Does a deputy have the same duties as a sheriff to impose by code?

Definition

Yes.

Term

CCP 2.20 Where there is no sheriff in the county, who has the duties of the sheriff's office?

Definition

Devolves upon the officer who, under the law, is empowered to discharge the duties of sheriff.  Commission court appoints when office is vacant.

Term

CCP 2.27 Who investigates physical or sex abuse cases if there is immediate danger?

Definition

A peace officer from the appropriate local law enforcement agency shall investigate the the report jointly with the appropriate agency.

Term

CCP 2.27 Who investigates a report of abuse or neglect or other complaint of a resident of a nursing, convalescent or other related institution?

Definition

Local law enforcement agency.

Term

CCP 2.28 Who should be notified when a person's identity is falsely given in an arrest?

Definition

The person whose identity was used
The Department of Public safety.

Term

CCP 2.28 When law enforcement agent contacts a person's who identity was misused, what information shall be given?

Definition

The person's identifiing info was misused by another person

That the person may file a declaration with the Department of Public Safety

That the person is entitled to expunction of the information contained in criminal records

Term

CCP 2.28 When the DPS is notified of misuse of idendity, what must be included?

Definition

The misuse of the identifying information

The actual identity of the person arrested, if known by the agency.

Whether the agency was able to notify the person whose identifying information was misused.

Term

CCP 2.29 Is an officer required to make a written report in connection with fraudulent use or possesion of identifying information?

Definition

Yes.  A officer/agency shall make a written report.
The report will include:
1. the name of the victim
2. the name of the suspect, if known
3. the type of identifying info
4. the results of the investigation

Term

CCP 2.29 Can the victim request a copy of fraudulant use of identity report?

Definition

Yes.  The law enforcement agency shall provide a copy of the report to the victim, and law enforement agency shall redact any otherwise confidential information.

Term

CCP 3.05 What is the definition of racial profiling in this code?

Definition

a law enforcement initiated action base on an individual's race, ethnicity, or national origin rather than on an individual's behavior or information identifying the individual as having engaged in criminal activity.

Term

CCP 4.01 What courts have criminal jurisdiction?

Definition

Court of Criminal Appeals
Court of Appeals
District Courts
The criminal district courts
Magistrates appointed by judges of district courts in some counties
The county courts
County criminal courts
Justice Courts
Municipal courts

Term

CCP 4.03 What jurisdiction does the Court of Appeals have?

Definition

The court of appeals has appellate jurisdiction coextensive with the limits of their respective district in all criminal cases except those in which the death penalty has been assessed.

Term

CCP 4.03 When can the court of Criminal appeals embrace a case with fines less than $100 which originate lower courts and are appealed to county courts?

Definition

When the case sole issue is the constitutionality of the statute or ordinance on which the conviction is based.

Term

CCP 4.04 Which court is appealed to for cases where the death penalty has been assessed?

Definition

Court of Criminal Appeals

Term

CCP 4.04 Which court is the highest court for criminal appeals in the state?

Definition

The court of Criminal Appeals.

Term

CCP 4.04 Can the Court of Criminal Appeals review cases without being petitioned?

Definition

Yes.  The Court of Criminal Appeals, at its own discretions, may, on its own motion, review any decision of a court of appeals in criminal cases.

Term

CCP 4.04 Can the Court of Criminal Appeals grant or issue, or cause to be issued writs of habeas corpus?

Definition

Yes

Term

CCP 4.05 Which criminal cases are heard at District Courts?

Definition

Original jurisdiction w/ felony
Misdemeanors involving official misconduct
misdemeanor cases transfered to the district courts under CCP art 4.17

Term

CCP 4.07 Which cases does the County Court have original jurisdiction?

Definition

All misdemeanors of which exclusive original jurisdiction is not given to the Justice courts.  These include Class A and B Misdemeanors or those with fines greater than $500 or jail.

Term

4.08 What cases do the county courts have appellate jurisdiction?

Definition

Criminal cases of which justice courts and other inferior courts have original jurisdiction.

Term

CCP 4.12 Where are misdemeanor cases be  tried?

Definition

In the precinct in which the offense was committed
In the precinct where the defendent resides
With written consent of state and defendent, in any other precinct in the county

Term

CCP 4.14 what is the Jurisdiction of municipal courts?

Definition

Exclusive original jurisdiction within the territorial limits of the municipality in all criminal cases that:
1. arise under the ordinances of the municipality
2. are punishable by fines not to exceed: a. $2000 for fire safety, zoning or public health and sanitation
b. $4000 in cases for dumping refuse
c. $500 for all other cases.

Term

CCP 4.17 When can a misdemeanor case punishable by jail be transfered?

Definition

If a plea of not guilty is entered and the judge is not a licensed lawyer, the state or defendent can request in writing the case be transfered to a court or judge in the county as long as the presiding judge receiving the case is a licensed lawyer.

Term

CCP 5.01 When is an officer required to protect a victim of family violence?

Definition

The respnding law enforcement  or Judicial Officers shall protect the victim, without regard to the relationship between the alleged offender and victim.

Term

CCP 5.02 What is the definition of family violence?

Definition

Section 71.04 of Texas family code defines family violence as an act by any member of a family or house hold against another member of the family household that is intended to result in physical bodily harm, bodily injury, assault, or sexual assault or that a threat that reasonably places the member in fear of ....

Term

CCP 5.02 Definition of a household

Definition

Family Code 71.02 a unit composed of persons living together without regard to whether they are related.

Term

CCP 5.02 Definition of a family?

Definition

In Family Code 71.003 includes individuals related by consanguinity or affinity and individuals who are former spouses of each other, individuals who are parents of the same child, without regard to marriage, and foster children with foster parent, without regard to whether those individuals live together.

Term

CCP 5.02 Are people who previously lived together members of a house hold?

Definition

Yes. Family Code 71.00?

Term

CCP 5.045 Can a peace officer provide stand by assistance?

Definition

At the discretion of a peace officer, the officer may stay with a victim of family violence to protect the victim and allow the victim to take the personal property of the victim or a child in care of the victim, to a place of safety, in an orderly fashion.

Term

CCP 5.05 When is a peace officer required to make a report involving family violence?

Definition

When a peace officer investigates or responds to a disturbance call that may involve family violence, he shall make a report.

Term

CCP 5.05 What must be in a family violence report?

Definition

1. Names of suspect and complainant
2. date, time and location
3. any visible or reported injuries
4. a description of the incident and statement of disposition
5. whether suspect is a member of the state military forces or serving in an armed forces of the US in an active duty status.

Term

What is the definition of consanguinity?

Definition

Blood related.

Term

CCP 5.04 is a peace officer investigating a family violence allegation required to advise of rights?

Definition

With A written notice The officer shall advise any possible adult victim of all reasonable means to prevent further family violence, including giving written notice of a victim's legal rights and remedies and of availability of shelter or to other community services for family violence victims.

Term

CCP 5.05 Is a law enforcement agency required to maintain a family violence report?

Definition

Yes.  the agency must establish a departmental code for identifiing and retrieving family violence reports.

Term

CCP 5.05 Who is entitled to retrieve family violence reports?

Definition

1. A district or county attorney or assistant district or county attourney in the county where records are kept
2. Department of Family and Protective Services is entitle to access for those over age 14.

Term

CCP 5.05 Is it require to provide the Department of Public Safety with information about a filed family violence report?

Definition

Peace officer who makes reports, shall provide information concerning the incedent to the Department of Public Safety.

Term

CCP 5.05 Is the victim of a family violence incedent allowed a copy of a filed report?

Definition

Yes. 
Any information contained in the written report.

Term

CCP 6.01 When and Who must a magistrate notify of a threat?

Definition

Immediately to some peace officer.

Term

CCP 6.05 What is the duty of a peace officer with regard to a threat?

Definition

To prevent the threatened injury, if within his power.

Term

CCP 6.05 Can a peace officer call for the aide of citizens in case of threats?

Definition

Yes. 

Term

CCP 6.06 How much force can a peace officer use to prevent injury to someone threatened or himself?

Definition

The amount of force necessary to prevent the Commision of the offense.

Term

CCP 6.07. What is allowed conduct of a peace officer in preventing offenses about to be committed?

Definition

They are 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 aggressor.

Term

CCP 6.08 Who is responsible for issuing a protective order?

Definition

The County Courts and District Courts. 

Term

CCP 6.08 Who is required serve a protective notice?

Definition

The court shall require a constable to serve a protective order. 

Term

CCP 6.08 Who must the county court forward a copy of the protective order to?

Definition

The clerk of the court shall forward a copy to the Department of Public Safety.

Term

CCP 6.08 For an original or modified protective order, what is the time limit for entering it into the state wide system?

Definition

The law enforcement agency shall immediately, but not later than 10 days enter the required information.

Term

CCP 7.01 When shall a magistrate issue a warrant to prevent an offense?

Definition

Whenever a magistrate is informed upon oath that an offense is about to be committed against a person or property of an informant, or of another, or that of any person has has threatened to commit an offense.

Term

CCP 7A.01 Who can an application for protective order be filed?

Definition

A victim of an offense of assault, human trafficing, sextant assault,
Parent or guardian on behalf of someone under 17 or 18 depending on offense
A prosecuting attourney acting on behalf ...

Term

CCP 7A.02. What is an Ex Parte Order

Definition

A temporary protective order issued without a hearing for protection of the applicant or any member of the applicants family.

Term

CCP 7A.0? When is a protective order issued?

Definition

If a court makes a finding for a protective order, the court shall issue a protective order that includes a statement of the required findings.

Term

CCP 7A.035 when can a child's statement be used for a protective order?

Definition

If the child is younger than 14 and who is the victim, and can describe the offense committed against the child.  This is admissible as evidence.

Term

CCP 7A.05 What conditions can be specified in a protective order?

Definition

The court may Order the alleged offender to take action as specified by the court:
No communications directly or indirectly with the applicant or any member of the applicants family or household

Going near the residence, place of work, child care facility, school.

Engaging in conduct directed specifically at the applicant, family or house hold.

Possessing fire arm unless a peace officer

In the order, the court shall specifically describe each prohibited location and minimum distances required.

Term

CCP 7A.06. What is  the require warning on a protective order?

Definition

Person violating the order can be fined as much as $500 or jailed for as long as 6 months

No person may give permission to anyone to ignore or violate any provision of the order

It is unlawful for other than a peace officer to possess a firearm or ammunition

Violation of the order is punishable by fine up to $4000 or jail for up to a year or both and can be processed as a seperate offense.

Term

CCP 7A.07. What is the duration of a protective order?

Definition

It may be in effect for the lives of the offender and victim or for any shorter period stated in the order.  If a period is not specified in the order, the order is effective until the second anniversery.

Term

CCP 7A.07 When can the order be rescinded?

Definition

If a victim 17 yrs or older  files to rescind

If a parent or guardian files for some one under 18 yrs for the order to be rescinded

If subject of a protective order is confined or imprison on the last day of the order is due to expire, it is extended 1 yr from release date.

Term

CCP 14.01 What is offense within view?

Definition

A peace officer or witness, may without warrant, arrest an offender when the offense is committed in their presence or view if it is a felony or against public peace.

Term

CCP 14.02 Can an arrest be made if in view of a magistrate, without warrant?

Definition

Yes.  A peace officer may arrest without warrant if the offense was in the presence or view of a magistrate and the magistrate verbally orders the arrest.

Term

CCP 14.03 What is authority of a peace officer?

Definition

A peace officer may arrest without warrant:

1. Person found in suspicious place under circumstance which reasonable show that such person may have committed a felony.
2. Person who the Peace officer reasonably believes has committed an assault causing bodily injury.
3. a person reasonable believed has committed offense defined in penal code 25.07

.....  Read the rest.

Term

CCP 14.031 Is arrest required for public intoxication?

Definition

No.  If officer believes a penal facility is unnecessary for the protection of the individual, a peace officer may release and the individual is release to the care of an adult and verbally consents to voluntary treatment for chemical dependency.

Term

CCP 14.031 Can a peace officer and  agency or political subdivision that employs the officer be held liable for damages for releasing some one for PI?

Definition

No.

Term

CCP 14.04 When can a peace office arrest without warrant and has not viewed the crime?

Definition

When reasonable proof is shown with a credible witness, that a felony has been committed, and that the offender  is about to escape, so that there is no time to precursor a warrant, a peace officer may pursue and arrest the accused without warrant.

Term

CCP 14.05. When can a peace officer enter a residence and make an arrest without a warrant?

Definition

1. A person who resides in the residence consents to entry
2. exigent circumstances require that the officer making the arrest enter the residence with or without the consent of a resident.

Term

CCP 14.051 When can a peace officer from another state make arrests in Tx?

Definition

If the pursuit is for a felony and the officer is in fresh pursuit.

Term

CCP 14.06 When must an arrested person be taken before a magistrate?

Definition

within 48 hours after the person is arrested

Term

CCP 14.06 What magistrate must an arrested person be brought before?

Definition

The magistrate ordering the arrest
A magistrate in the county where the arrest was made
Any other magistrate in another county to expedite

Term

CCP 14.06 Who brings an arrested person before a magistrate?

Definition

The Peace officer making the arrest or the person having custody of the arrested

Term

CCP 14.06 When can a peace officer issue a citation?

Definition

When charging a person with a class c misdemeanor

Term

CCP 15.01 What is a warrant for arrest?

Definition

A written order from a magistrate, directed to a peace officer or some other person specifically named, to take the body of the person accused of an offense, to be dealt with according to law.

Term

CCP 15.02 What are the requisite of a warrant?

Definition

Issues in the name of "The State of Texas"
Must specify the name of the person who is being arrested if known and if unknown then some reasonable definite description
It must state that the person is accused of some offense against the laws of the state and name the offense.
Must be signed by a magistrate and his office be named

Term

CCP 15.03 When may a magistrate issue a warrant?

Definition

1. In any case which by law he is authorized to order verbally the arrest
2. when any person shall make an oath before the magistrate that another has committed some offense against the laws of the State of Texas
3. In any case named in this code where he is specifically authorized.

Term

CCP 15.03 What form is a summons in?

Definition

The same as a warrant.

Term

CCP 15.03 When can a summons be issued?

Definition

In any case a warrant may be issued.

Term

CCP 15.03 How can a summons be delivered?

Definition

Delivering a copy personally

Leaving a copy at house or abode with some person of suitable age and discretion

By mailing to last know address

Term

CCP 15.04 What is the definition of a complaint?

Definition

An affidavit made before a magistrate or district or county attourney that charges the Commision of an offense.

Term

CCP 15.05 What are the requisites for a complaint?

Definition

State the name of accused if known or reasonably definitive description

Must show accused committed some offense against the laws of the State

State the time and place of the Commision of the offense

Must be signed by the affiant

Term

CCP 15.051 Can s peace officer or attourney require a polygraph by a person charged?

Definition

No

Term

CCP 15.051 What must the Peace Officer or attourney requesting a polygraph inform the accused of about the poly?

Definition

The examination is not required
A complaint may not be dismissed soley:
1. Because a complaintant did not take poly
2. on the basis of the results of a poly examination taken by complainant

Term

CCP 15.06 Where is a warrant applicable?

Definition

A warrant for arrest, issued by a county or district clerk or by a magistrate (except mayors), is applicable shall extend to any part of the state.

Term

CCP 15.07 What are the restrictions on a warrant issued by a mayor?

Definition

It can not be executed in any other county than the one in which it is issued, except:
1. It be endorsed by a judge of a court of record, in which the case may be executed
2. if it is endorsed by any magistrate in any county that the accused might be found.

Term

CCP 15.16 How must an arrest warrant be executed?

Definition

Without unnecessary delays must take the accused before the magistrate who issued the warrant if the magistrate is in the same county where arrested.  If arrested in another county, taken before magistrate in that county without unnecessary delay.

Term

CCP 15.17 What are the duties of an arresting officer and magistrate?

Definition

The arresting person or person holding will take the person before a magistrate within 48 hours and without unnecessary delayes.

Term

CCP 16.20 What is the definition of Commitment

Definition

An order signed by the proper magistrate directing a sheriff to recieve and place a person in jail the person so committed

Term

CCP 17.01 What is the definition of bail?

Definition

a security given by the accused that he will appear and answer before a proper court the accusation brought before him.

Term

CCP 17.02 What is the definition of a bail bond?

Definition

a written undertaking entered by the defendant and defendants sure ties for the appearance of principal therein before a court or magistrate to answer a criminal accusation.

Term

CCP 21.01 What is the definition of an indictment?

Definition

A 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.

Term

CCP 21.20 What is the definition of information?

Definition

a written statement filed and presented in behalf of the State by district or county attourney, charging the defendant with an offense which may by law be so prosecuted.

Term

CCP 21.22 How is informattion in a complaint used?

Definition

No information shall be presented until affidavit has been made by some credibility person charging the defendant with an offense. It shall be filled with the information.

Term

CCP 23.10 What is the definition of a capias?

Definition

A Writ issued by a judge commanding  a peace officer to arrest a person accused of an offense and bring the arrested person before that court immediately

Term

CCP 23.02 What information must a capias have?

Definition

It is run in the name of "The State of Texas"
The name of the person being arrested, but if unknown a descriotion.
Specify the offense
Name the court and time it is returnable
Be dated and attested officially by the issuing authority

Term

CCP 24.01 What is the definition of a subpeonas?

Definition

A summons to appear before a court to testify in a criminal action at a specified term of the court or on a specified day, or
1. before an examining court
2. at coroner's inquest
3. before a grand jury
4. at habeas corpus hearing
5 any other hearing a witnesses testimony may be required.

Term

CCP 24.02 what is a Subpoena Duces Tecum

Definition

an order to bring any instrument of writing or other thing desired as evidence.

Term

CCP 24.04 How is a Subpoena servered?

Definition

Read it in the hearing
Delivering to a witnesses
Electronically transmitting
Mailing a copy certified to last know address

Term

CCP 24. 04 what are the penalties for disobeying a subpoena?

Definition

For Felony case subpoena fine not exceeding $500
For For misdemeanor case fine not to exceed $100.

Term

CCP 24.11 what is an "attachment"?

Definition

A Writ issued by a clerk of a court under seal, or by any magistrate, or by the foreman of a grand jury, commanding a peace officer to bring a witness before such court.

Term

CCP 24.17 What is the duty of an officer recieving a subpoena?

Definition

The officer recieving the subpoena shall execute the same by delivering a copy there of to each witness therein named.
He shall make due return of said subpoena, showing name and date.
If not execute, show why not.

Term

CCP 49.01 what is the definition of an autopsy?

Definition

The post mortem examination of the body of a person and examination of the internal organs and structure, to determine the cause of death or nature of any pathological changes that may have contributed to the death.

Term

CCP 49.01 What is the definition of an inquest?

Definition

An investigation into the cause and circumstances of a death of a person and a determination, with or without court hearing, as to whether the death was caused by unlawful means.

Term

CCP 49.01 What is the definition of an institution?

Definition

Any place where health care services are rendered.

Term

CCP 49.04 When do deaths require an inquest?

Definition

Person dies in prison

A person dies from unnatural death from a cause other than legal execution

The body or a body part of a person is found and circumstances of death are unknown

Circumstances of the death indicate the cause may be from unlawful means

If a person commits suicide or circumstances indicate suicide

Person dies without being attended by a physician

... Page 627 for rest of list.

Term

CCP 49.04 Who conducts an inquest?

Definition

Justice of the peace shall conduct

Term

CCP 49.05 When should an inquest be performed?

Definition

Immediately or as soon as possible.

Term

CCP 49.05 Where is an inquest conducted?

Definition

1. where the death occurred
2. where the body was found
3. at any other place determined to be reasonable by the justice.

Term

What was the effective date of CCP?

Definition

Jan 1, 1966

Term

What is the objective of CCP?

Definition

Prevention of and prosecution of crimes against the state.

Make rules of procedure in respect to prevention and punishment intelligible to officers enforcing them and rights of persons affected by them.

Term

Indigent means a person who;

Definition

Is not financially able to employ counsel.

Term

A defendent may waive a jury trial regardless of being represented by counsel when ?

Definition

charged with a Misdemeanor

Term

No person can be convicted of a felony unless:

Definition

The state shows specific evidence of guilt.

Term

Who are Conservator of the Peace through out the state?

Definition

Justices of the Tx Supreme Court

Justices of the Court of Appeals

Justices of District Courts

Justices of the Court of Appeals

Term

Quiz 7 Which are not magistrats

Definition

Magistrates in general are Judges and Mayors

Term

Quiz 8 Which are the duties of magistrate:

Definition

Preserve the Peace within jurisdiction by use of all lawful means

issue all processes intended to aid in preventing and suppressing crime

cause the arrest of offenders by the use of lawful means in order that they may be brought to punishment.

Term
PC 1.07 What is an Act?
Definition
A bodily movement,whether voluntary or involuntary and includes speech.
Term
Actor
Definition
A person who criminal responsibility is in issue in a criminal action.
Term
Agency
Definition
Includes authority, board, bureau, commision, committee, council, department, district, division, and office.
Term
Alcoholic beverage
Definition
Anthing over .5% alcohol by volume
Term
Another
Definition
Aperson other than the actor
Term
Association
Definition
a government or governmental subdivision or agency, trust, partenership, or two or more persons having a joint or common economic interest.
Term
Benefit
Definition
anything reasonably reguarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested.
Term
Bodily Injury
Definition
Physical pain, illness or impairment of physical condition.
Term
Coercion
Definition

A threat, however communicated:

A. To commit an offense

B. To inflict bodily injury

C. To accuse a person of any offense

D. To expose a person to hatred , contempt or ridicule

E. To harm the credit or business reput of any personF. To take or withhold actionas a publlic servant, or to cause a public servant to take or withhold action

Term
Conduct
Definition
An act or ommision and its accompanyiing mental state
Term
Consent
Definition
Assent in fact, whether express or apparent
Term
Controlled substance
Definition

Heatlthy and Safety Code 481.002

A substance, including a drug, an audulterant, and a dilutant. Includes the aggregated weight of any mixture, solution, or other substance containing a controlled substance.

Term
Corporation
Definition
Includes nonprofit corporatiions, professional associations created pursuant of statue, and joint stock companies.
Term
Correctional Institute
Definition
A place designated by law for confinem for a person arrested for, charged with, or convicted of a criminal offense.
Term
Criminal Negligense
Definition

Penal Code 6.03 D pg 10 Penal Code

A person acts with criminnal negligence, or is criminaly negligent, with respect to circumstances surrounding theri conduct or result of their conduct whey they ought to be aware od substantial and unjustifiable risk that the circumstances exist or results will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from standard of care an ordinary person would exercise under all circumstances as viewed from the actors point.

Term

PC 3.01 Criminal Episode

Definition

Commission of 2 or more offenses, regardless of whether the harm is directed towards or inflicted upon more than one person or item or property.

Term
Dangerous Drug
Definition
A device or a drug that is unsafe for self-medication and that is not included in Schedules I through V or Penalty Groups 1 through 4 of Chapter 481 (Texas Controlled Substances Act).
Term
Deadly Weapon
Definition

A. A firearm or anything manifestly designed, made, or adapted for the purpose of infliction death or serious bodily injury

B. Anything that in the manner of its use or intended use is capable of causing death or serious bodily injury

Term
Effective Consent
Definition

Includes consent by a person legally authorized to act for the owner. Consent is not effective if;

A. Induced by force threat or fraud

B. Given by a person the actor knows is not leagally authorized to act for the owner

C. Given by a person who by reason of youth, mental disease or defect, or intoxication is know by the actor to be unable to make reasonable dcisions

D. Given soley to detect the commision of an offense.

Term
Elements of an Offense
Definition

A. the forbidden conduct

B. the required culpability

C. and required result

D. the negation of any exception to the offense

Term
Felony
Definition
An offense so designated by law as punishable by death or confinement in a penatentary
Term
Government
Definition

A. a state

B. a county, municipality, or political subdivision of the state

C. any branch or agency of the state, a county, municipality, or political subdivision

Term
Harm
Definition
Anything reasonably regaudes as a loss, disadvantage, or injury, including harm to another person in whose wellfare the person affected is interested.
Term
Individual
Definition
A human being who is alive, including an unborn childe at every stage from fertilization until birth.
Term
Intentional
Definition

Penal Code 6.03 (a)

A person acts intentionally or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.

Term
Law
Definition
The constitution or statute of this state or the United States, a written opinion of a court of record, a municipal ordinance, an order of the county commisioners court, or rule authorized by and lawfully adopted uder a statute.
Term
Misdemeanor
Definition
An offense so designated by law or punishable by fine, by confinement in jail or both.
Term
Oath
Definition
Includes an affirmation
Term
Official Proceeding
Definition
Any type of administrative, executive, legislative or judicial proceeding that may be conducted before a public servant.
Term
Ommision
Definition
Failure to act
Term
Owner
Definition

A person who:

A. has title to the property, possession of the property whether leagal or not, or greater right to possession of the property than the actor

B. Is a holder in due course of a negotiationable instrument

Term
Peace Officer
Definition
A person elected, employed or appointed as a peace officer under Article 2.12 CCP.
Term
Penal Institution
Definition
A place desiignated by law for confinement of a person arrested for, charged with, or convicted of an offense.
Term
Person
Definition
An individual, corporation or association.
Term
Possessiion
Definition
Actual care, custody, control or management.
Term
Publliic Place
Definition
Any place to which the public or a substantial group of the public has subbstantial access and iincludes, but is noot limited to, streets, highways, and common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
Term
Public Servant
Definition

A person elected, selected, appointed, employed, or otherwise designated as one of the following, even if theyy have not quallified for office or assumed there duties:

A. an officer, employee, or agent of gov.

B.a juror or grand juror

C. An arbitrato, refereee, or other personwho is authorized by law or private written agreement to here or determine a cause or controversy

D, an attourny at law or notary public when participating in the performance of a governmental function

E A candidate for nomination or election to a public office

F. A person who is performing a governmental function under claim of right although they are not legally qualified to do so.

Term
Reasonable Belief
Definition
A belief that would be held by an ordinary and prudent man in the same circumstances as an actor
Term
Secure Correctional Facility
Definition

A municiple or county jail

A confinement facility operated by or under contract with any division of the TDCJ.

Term
Serious Bodily Injury
Definition
Bodily injury that fcreates a substantial risk of death or that causes death, serious permanent disfiguration, or protracted loss or imparement of function.
Term
Sight Order
Definition
A written or electronic instruction to pay money that is authorized by the person giving the instructions and that is payable on demand or at a definite time by a person being instructed to pay.
Term
Swear
Definition
includes affirm
Term
Unlawful
Definition
Means criminal or tortious, or both and includes what would be criminal or tortious but for an offense not amounting to justification or privilage.
Term
Criminal Instrument PC 16.01
Definition
Any thing the possession, manufacture, or sale of which is not other wise an offense, that is specifically designed, made, or adapted for use in the commision of an offense.
Term
PC 16.01 Mechanical Security Device
Definition
A device designed or manufactured for use by a locksmith to perform services for a customerwho seeks entry to a structure, motor vehiicle, or other property.
Term
Adequate Cause
Definition
Cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection,
Term
PC 19.02 Sudden Passion
Definition
Passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not soley the result of former provocation.
Term
PC 20.01 Restrain
Definition
To restrict persons movement without consent, so as to interfere substantially with the persons liberty, by moving the person from one place to another or by confining the person.
Term
PC 20.01 Abduct
Definition

To restrain a person with intent to prevent there liberation by;

A. Secreting or holding them in a place where they are not likely to be found

B. using or threatening to use deadly force

Term
PC 20.01 Relative
Definition
a parent or stepparent, ancestor, sibling, or uncle or aunt, including adoptive relative of same degree through marriage or adoption
Term
PC 20.01 Person
Definition
an individual, corporation, or association.
Term

PC 8.04 What is the definition of intoxication?

Definition

Means disturbance of mental or physical capacity resulting from the introduction of any substance into the body.

Term

PC 38.01 Custody

Definition

A. under arrest by a peace officer or under restraint by a public servant pursuant to an order of a court of this state, another state or the US.
B. under restraint by an agent or employee of a facility that is operated by or under contract with the US and confines persons arrested for, charged with or convicted of a criminal offense.

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