Term
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Definition
*Right To a Speedy Trial
*Right to Face Accused
ž
•A speedy public trial by an impartial jury (we don’t get to drag our heels or stack the deck);
•Right to demand the nature and cause of the accusation against him (we gotta tell him what he’s charged with – duh!);
•To have a copy thereof (gets a copy of the paper indictment);
•Shall not be compelled to give evidence against
himself;
•Shall have the right of being heard by himself, or counsel, or both (he gets a lawyer – unless he wants to play one like on TV);
•Confronted with the witnesses against him (woo hoo! Cross examination)
•Compulsory process for obtaining witnesses in his favor (he can use subpoenas to drag in witnesses as well);
•No person shall be held to answer for a felony unless on indictment of a grand jury (if it’s a felony, it’s gotta go to GJ)
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Term
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Definition
1. Adopt Measures For Preventing the Commission of a Crime
2.Exclude Offenders from all Hope of Escape
3.Insure Fair and Impartial Trial
4. The Certain Execution of the Sentence of the Law when Declared |
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Term
| Who is a Conservator of the Peace |
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Definition
1. Justices of the Supreme Court
2.Judges of the Court of Criminal Appeals
3. Justices of the Court of Appeals
4. Judges of the District Courts |
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Term
| What do you do when you make an Arrest Forfeiture or Seizure at a home. |
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Definition
1. Leave a statement that has a schedule of the property seized; acknowledge that officer has the seized property; and include a list of the reason for the seizure.
2. Place contaband under seal within 72 hours. |
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Term
| What are three facts about a Grand Jury? |
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Definition
1. Listens to each felony and issues a True Bill or No Bill
2. Is done in Secret
3. Presents and Indictment |
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Term
| What are the duties of Magistrates? |
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Definition
1. Preserve Peace through Lawful Means
2. Sign Warrants
3. To Serve Them
žIt is the duty of every magistrate
žto preserve the peace within his jurisdiction by the use of all lawful means; (They’re not above the law)
žto issue all process intended to aid in preventing and suppressing crime;
žto cause the arrest of offenders by the use of lawful means in order that they may be brought to punishment.
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Term
| Examples of Peace Officers? |
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Definition
1. Sheriff and Deputies
2. Constable and Reserve Deputies
3. Marshals or Police officer officers of a city, town, or village
4. Rangers |
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Term
| In which offenses must you arrest if the crime happened in your presence? |
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Definition
1. Violations of Protective Order
2. Violations of Bond Conditions in Family Violence Case |
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Term
| What must be included in a warrant? |
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Definition
1.Must include in the name of the "State of Texas"
2. Name, offense
3. Signed by magistrate |
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Term
| How many days does a Appointed counsel have to prepare? |
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Definition
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Term
| For how many days can a Search warrant affidavit be sealed and how many extensions can you get |
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Definition
| 30 days with 1 extension for another 30 days. |
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Term
| After an arrest, suspect must be taken before a magistrate within how many hours after arrest? |
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Definition
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Term
| Riots include _____ or more people. |
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Definition
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Term
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Definition
| A Law Enforcement initiated act based upon individuals race, ethnicity, or national origin rather than on the individuals behavior. |
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Term
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Definition
A person who is not Financially able to employ counsel
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Term
| Probable Cause Must Show... |
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Definition
| A specific Offense has occured; Describe Property or Items that are to be searched. The items must constitute evidence of the specific offense and it must include reason you believe the items are located at the place to be searched. |
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Term
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Definition
| A written order from a magistrate directing a peace officer to arrest |
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Term
| District Courts have Original Jurisdiction on _________ and _______________ |
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Definition
All Felonies
and
Misdemeanors Involving Official Misconduct |
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Term
| Two Year Statute of Limitation Offenses? |
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Definition
| All Misdemeanors Class A, B, C |
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Term
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Definition
| All Prisoners shall be bailable unless for capitol offenses when the proof is evident |
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Term
| Three Year Statute of Limitations Offenses? |
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Definition
| All other felonies (Not including Felony Theft, Robbery, Burglary) |
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Term
| When may an officer arrest without a warrant? |
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Definition
Any offense committed in his presence, or offense against public peace.
If in majistrates presence and he/she orders you.
When susp not in view but susp. in suspicious place and you have p.c. to believe they have commited a felony.
If Confession |
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Term
| A judge who is not also an __________ may not issue a search warrant. |
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Definition
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Term
| May a polygraph be required on victims of sex cases? |
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Definition
| Cannot Require, only request |
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Term
žAll prosecutions shall be carried on "_____________", and conclude, "____________________".
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Definition
Carried on "in the name and by authority of The State of Texas"
Conclude "against the peace and dignity of the State"
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Term
| An order signed by a magistrate directing a sheriff to receive and place in jail. |
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Definition
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Term
•What kind of court is it when the magistrate sits for the purpose of inquiring into a criminal accusation against any person?
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Definition
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Term
| ___________ Must be presented in a Sworn Affidavit |
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Definition
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Term
| Which are not Peace Officers? |
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Definition
Federal Agencies (FBI, DEA, ATF)
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Term
Which offenses have a statute of limitations of five years?
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Definition
| Felony Theft; Robbery; Burglary |
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Term
| Which offenses have a statute of limitations of seven years? |
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Definition
| Financial Crimes - Tax code violations, money laundering, false statement to obtain credit |
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Term
| Which other people may a Search Warrant be issued to ? |
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Definition
| Fire Marshals; Health Officers; Code Enforcement Officials |
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Term
| When can a door be kicked in? |
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Definition
For a felony, if suspect refuses to allow officers in after you have announced yourself and purpose.
Must tell them you have a warrant and show upon request |
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Term
| Who does an Indictment Come From? |
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Definition
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Term
| When may you release a PI suspect? |
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Definition
If suspect not a child
If arrest is unnecessary for protection of suspect and others
If being released to an adult or consents to voluntarily treatment in facility |
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Term
| An arrest on a Violation of a protective order can take place? |
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Definition
| In the county where it was filed, and in the county of the workplace of applicant |
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Term
In any adversary judicial proceeding that may result in punishment by confinement, the attorney representing the state (ADA) may not:
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Definition
Initiate or Encourage to waive their right to a lawyer.
Communicate with a def. who has requested counsel, unless the court has denied the request and subsequently the defendant.
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Term
| What are the duties and powers of Peace Officers? |
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Definition
It is the duty of every peace officer to preserve the peace within the officers jurisdiction using lawful means.
Officers shall, Interfere without warrant to prevent or supress crime; execute all lawful processes issued to the officer by any majistrate or court;
•give notice to some magistrate of all offenses committed within the officer's jurisdiction, where the officer has good reason to believe there has been a violation of the penal law; and arrest offenders without warrant in every case where the officer is authorized by law, in order that they may be taken before the proper magistrate or court and be tried.
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Term
| When were the Code of Criminal Procedures Created? |
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Definition
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Term
| Generally, A search warrant may NOT be issued for items located in an office of a ___________ |
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Definition
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Term
| Before an officer may take any property after a Search Warrant, he SHALL |
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Definition
| Make a Written Inventory Legibly endorse his name on the Inventory Present a Copy of the inventory to the owner or person in possession of the property. If nobody home leave copy of warrant and inventory at searched location. |
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Term
Which offenses have no time limit for the Statute of limitations?
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Definition
| Murder (Dead bodies); Sex with a child (Agg or not); Sex with adult with dna evidence. |
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Term
| What do you do in all all family violence cases? |
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Definition
Must make a report and issue blue form.
–including, but not limited to:
•SUSPECT’S AND VICTIM’S NAMES;
•INCIDENT DATE, TIME, AND LOCATION;
•ANY VISIBLE OR REPORTED INJURIES; AND
•DESCRIPTION OF THE INCIDENT AND DISPOSITION STATEMENT
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Term
| Can a Peace Officer be held liable Criminally or Civilly if you help a family violence victim take property wrongfully? |
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Definition
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Term
| Is the DA a conservator of the peace? |
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Definition
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Term
| What is the statute of limitations on murder? |
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Definition
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Term
| When is an Affidavit a public record and who is it kept by. |
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Definition
| Once Executed and kept by the District Clerk. |
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Term
| What force may you use if there is a riot? |
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Definition
| Reasonable or Necessary Force |
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Term
| What must a warrant contain to be sufficient? |
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Definition
Run in the name of " The State of Texas"
Identifies items to be seized
Describes the person place or thing to be searched
Commands a peace officer of county to search person place or thing.
*** Dated and Signed by the Magistrate** |
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Term
| Incohate Crimes ( Conspiracy, Solicitation, Attempt) Have what Statute of Limitations? |
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Definition
| Same Limitations as Underlying Offense |
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Term
| A written order issued by a magistrate and directed to a peace officer commanding him to search for property or to search for and photograph a child |
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Definition
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Term
| Which search warrant allows for 15 days of time allowed to execute. |
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Definition
| Search Warrants issued for seize specimens from SPECIFIC person to analyze for DNA including blood and saliva. |
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Term
| The Duty of the District Attorney is Not to Convict, but to ___________ |
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Definition
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Term
| No Search Warrant Shall Issue UNLESS ___________ are presented to the Magistrate and ____________ Exists |
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Definition
Sufficient Facts and Probable Cause
-Sufficient Facts Must be in Affidavit
-Reasonable Suspicion is not enough |
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Term
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Definition
| The Courts ability to hear a case |
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Term
| When may the defendant waive a jury trial and when can they not? |
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Definition
The Defendant may waive a jury in any Criminal Prosecution other than a capitol felony case where the state is seeking the Death Penalty
•Waiver Must Be:
•In person by the Def.
•In writing
•In open court
•With consent and approval of court entered in the record, AND
•With consent and approval of DA in writing filed with court papers prior to plea
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Term
| What offenses have a statute of limitations of 10 years? |
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Definition
| Theft by Public Servant; Forgery; Injury to Elderly; Sex Assault (NO DNA); Arson |
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Term
| What is Statute of Limitations? |
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Definition
| Time for DA to bring charges |
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Term
| When can a judge seal a search warrant affidavit. |
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Definition
| To protect the safety of a victim ,witness, or CI, or if you believe evidence will be destroyed; OR if affidavit contains info obtained from an active court ordered wire-tap. |
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Term
True or False
A Defendant may Voluntarily and Intelligently waive in writing his/her right to counsel? |
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Definition
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Term
| A Search Warrant shall be Executed _______ and within ________ days. |
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Definition
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Term
· A peace officer has to report to his agency the ____and ____ of any person detained in a motor vehicle stop (and you can’t be held liable for giving such information over)
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Definition
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Term
· A peace officer may arrest or detain an individual solely based on _____________________.
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Definition
| their behavior or information identifying them with a crime. |
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Term
In any adversary judicial proceeding that may result in punishment by confinement, the court may not:
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Definition
(1) Direct or encourage the def. to speak with the ADA until the court advises the def. of the right to counsel and the procedure for requesting appointed counsel and the defendant has been given reasonable opportunity to request appointed counsel OR
(2) If the def. has requested appointed counsel and the court has denied the request and subsequent to the denial the def. has been given a reasonable opportunity to hire or waives or has waived the opportunity to retain private counsel.
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Term
| What is a dating relationship? |
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Definition
–Dating Relationship: a relationship between two individuals who have or have had a continuing relationship of a romantic or intimate nature. Factors to consider are:
–
•Length of the relationship
•Nature of the relationship; and
•Frequency and type of interaction between the persons involved
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Term
| Is a Jury Trial Required for a Felony Offense? |
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Definition
•Felony Convictions require verdict of a jury duly rendered and recorded UNLESS
•Def. enters his plea, waiving his right to jury trial in writing, AND
•State (ADA) must introduce evidence into the record showing the def.’s guilt, which must be accepted by the court as the basis for its judgment and in no event shall a person charged be convicted upon his plea without sufficient evidence to support it.
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Term
| Who are considered Family Members? |
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Definition
•Individuals related by consanguinity (blood) or affinity (marriage)
•
•Former spouses
•
•Parents of the same child
•
•Foster parent and foster child
•
•Adopted child and parents
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Term
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Definition
· If a D is found not guilty, he can’t be tried again (unless there is a jurisdictional issue and the court that heard the original case did not have jurisdiction – murder example)
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Term
| If indigent person is entitled and requests counsel, within how many days should a counsel be appointed? |
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Definition
| As soon as possible but no more than the 3rd day after the date of request. |
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Term
| A written order from a magistrate directed to a peace officer or some other person specifically named commanding him to take the body of the person accudsed of an offense to be dealt with according to the law. |
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Definition
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Term
|
Definition
| A written declaration under oath |
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Term
| The Affidavit made before the magistrate or county attorney is called a "_______" if it charges the commission of an offense. |
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Definition
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Term
| Requisites of a Complaint |
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Definition
1. Name of the Accused
2. Show the the accused has commited some offense against the laws of the State
3. State the time and place of the commission of the offense
4. Must be signed by the affiant |
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Term
True or False
Requiring a Polygraph Examination of a Complainant is Prohibited. |
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Definition
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Term
| A "_________" is an order signed by the proper magistrate directing a sheriff to receive and place in jail the person so commited. |
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Definition
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Term
| What requisites are in a Commitment? |
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Definition
1. Run in the name of " The State of Texas"
2. Adressed to the Sheriff
3. Stain in Plain Language the Offense, and Name of Defendant or Description
4. Court and Time
5. Amount of bail
6. No safe jail in the proper county |
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Term
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Definition
| A written statement filed and presented in behalf of the state by the disrict or county attorney charging the defendant with an offense which may by law be so prosecuted. |
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Term
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Definition
A writ issued by a judge of the court having jurisdiction of a case after commitment or bail and before trial or by a clerk at the direction of the judge.
Directed "To any peace officer of the State of Texas' |
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Term
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Definition
A summons to court to testify
-before a court in a criminal action at a specified term of the court or on a specified day. |
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Term
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Definition
| Subpoena of any instrument of writing or other thing desired as evidence from a witness. |
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Term
| Consequences of Refusing to obey a Subpoena? |
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Definition
May be fined at the discretion of the court
-Not exceeding 500 in felony case and not exceeding 100 in misdemeanor |
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Term
| An "______" is a writ issued by a clerk, judge or foreman and commands peace officer to bring witness to court and testify. |
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Definition
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Term
| When is an Attachment Issued |
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Definition
| When a witness fails to appear, and attachment issued forthwith for such witness. |
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Term
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Definition
| A security given by the accused that he will appear and answer before the proper court the accusation brought against him |
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Term
| What are the requisites of bail bond? |
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Definition
1. Payable to " The State of Texas"
2.Defendant and his surities bind themselves; Defendant will appear to answer the accusation.
3. Wether D is Charged with M or F
4. Signed by Principal and Sureties, Include adress
5. State time and Place where accused binds himself to appear
6. Conditioned that principal and sureties will pay all necessary and reasonable expenses in rearresting the principal |
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Term
Rules for fixing the amount of bail
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Definition
1. Regulated by court, judge or magistrate
2.Sufficiently High for Compliance
3.Not to be used as an instrument of oppression
4. Nature and Circumstances of Offense
5. Ability to Make Bail
6. Future Safety of Victim |
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Term
| Who may take bail in a Misdemeanor? |
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Definition
| The Sheriff, or other peace officer. |
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Term
| Who may take bail in a felony? |
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Definition
The sheriff, or other peace officer. Not Municipal Police unless authorized.
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Term
| Who may issue a Magistrates Order for Emergency Protection (MOEP) |
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Definition
Issued at request of victim, guardian, Peace Officer or D.A
Shall be issued if offense involves Serious Bodily Injury or a Deadly Weapon. |
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Term
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Definition
Post Mortem Examination of the body of a person, including X-Rays and an examinations of the internal organs and structures after dissection
Used to determine Cause of Death |
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Term
| Investigation into the cause and circumstances of the death of a personn and a determination made as to whether the death was cause by an unlawful act or omission |
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Definition
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Term
| A formal courth hearing held to determine whether the death of a person was caused by an unlawful act or ommision, if it was to obtain evidence to form the basis of a criminal prosecution |
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Definition
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Term
|
Definition
| Any Place where health care services are rendered. |
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Term
| A practicing doctor of medicine licensed by Texas State Board of Medical Examiners. |
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Definition
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Term
| A justice of the peace shall conduct an inquest if... |
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Definition
1. The person dies in prison or jail
2. UnNatural Death
3. Body or body parts found
4.Suicide
5. Not being Attended by Physician
6.Physician not able to certify death
7. Child younger than 6 |
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Term
| When may a police officer move a dead body? |
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Definition
| Only under Exigent Circumstances or with authorization from a justice of the peace |
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Term
| A justice of the peace shall conduct an inquest _______ or as soon as practicable after the justice receives notification of the death. |
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Definition
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Term
| A peace officer who has been notified of the death of a person whose death requires an inquest shall immediately notify______________________________. |
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Definition
| The justice of the peace who serves the precinct in which the body or body part was found. |
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Term
| If no justice of the peace is available, person required to give notice shall notify the ________ _______. |
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Definition
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Term
| If a person dies in custody, who does the sheriff or person in charge notify? |
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Definition
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Term
| If a person dies in custody, Who investigates the death? |
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Definition
| The directer of the law enforcement agency and files written report of the cause of death with Attorney General no later than 30 days after death. |
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Term
| If a sex offender who is required to register intends to change adress, what actions must he take? |
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Definition
| Shall no later than 7th day before change report in person to local LE anticipated move date, and notify new offials no later than 7 days after change. |
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Term
| What is due course of law? |
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Definition
| No citizen of this state shall be deprived of life, liberty, property, privelages or immunites or in a any manner disgranchised, except by the due course of the law of the land. |
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Term
| Is a Justice of the peace a conservator? |
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Definition
| No, not a municipal justice of the peace.. |
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Term
| If the defendant is accused of committing a crime of family violence, the defendant does not have to be released immediately, but may be held for up to __ hours after posting bond. |
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Definition
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Term
|
Definition
| When the defendant has given the required bond, he shall at once be set at liberty. |
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Term
| The security given by the accused that he or she will appear and answer the charge before the proper court is called? |
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Definition
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Term
| 2. Which of the following persons is charged with the responsibility to conduct an inquest of an alleged suicide that occurred at a private residence? |
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Definition
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|
Term
| Which persons may not accept bail in a felony case? |
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Definition
| A municipal police officer |
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Term
| An inquest of a deceased person need not be held if the person |
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Definition
| Dies while attended by a physician and cause of death is known |
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Term
| A commitment is a court order |
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Definition
| To place an accused in jail |
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Term
| The amount of bail an accused is required to post depends on |
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Definition
| The nature of the offense; the circumstances of the offense; and the ability to make bail |
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Term
| The Effect of a capias is the same as that of |
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Definition
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Term
| Who is responsible to conduct inquests in criminal homicide cases? |
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Definition
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|
Term
| An investigation into the cause and circumstances of death of a person with a determination as to whether the death was caused by an unlawful act or omission is called |
|
Definition
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Term
| Who may take bail in a misd. Case |
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Definition
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Term
| In a county that does not have a medical examiner’s officer or that is not part of a medical examiner’s district, who is charged with the responsibility to conduct investigation of the cause of death when the cause is not readily known or ascertainable by a medical doctor? |
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Definition
|
|
Term
| A person who is charged in a death and arrested under a warrant of the justice of the peace? |
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Definition
| May not be removed from the officers custody on authority of a warrant from another magistrate |
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Term
| In accordance with CCP 49.18, who is responsible for conducting an investigation to determine the cause of death of a person while confined in a penal institution or while in custody of a peace officer? |
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Definition
1. Person in charge of the institution
2. Sheriff
3. Director of the LE agency of which the officer is a member |
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Term
| A person commits suicide. Who is charged under law to investigate the inquest when the incident occurred at a private residence? |
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Definition
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|
Term
| Which court order directs a peace officer to appear in court as a witness? |
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Definition
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|
Term
| Which court orders does a clerk of the court sign? |
|
Definition
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