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Texas Code of Criminal Procedure
HCC Police Academy 10A
31
Law
Not Applicable
03/08/2010

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Cards

Term
Define Indigent
Definition
A person who is not financially able to employ counsel
Term
If someone is appointed counsel how many days is counsel entitled to, to prepare for trial?
Definition
10 Days
Term
True or False
The defendant may voluntarily waive the right to counsel?
Definition
True
Term
No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the _____ _____ of the law of the land.
Definition
Due Course
Term
What is the purpose of the criminal code of procedure?
Definition
To make the rules of procedure in respect to the prevention and punishment of offenses
Term
What is the effective date of the Code of Criminal procedure?
Definition
January 1, 1966
Term
What are the (7) Rights of the accused?
Definition
1. Speedy public trial
2. An impartial jury
3. Know the charges
4. Does not have to testify
5. Have counsel
6. Confront witnesses
7. Obtain witnesses
Term
True or False
An attorney representing the state can communicate with a defendant who has requested the appointment of counsel?
Definition
False
Term
No person shall be held to answer for a felony unless on _____ of a _____ _____.
Definition
1. Indictment
2. Grand Jury
Term
The people shall be secure in their persons, houses, papers, and possessions from all _____ _____ or _____.
Definition
Unreasonable Seizures or searches
Term
All prisoners shall be bailable unless what?
Definition
It is a capital offense and proof is evident
Term
True or False
The Writ of Habeas Corpus shall never be suspended?
Definition
True
Term
Along with excessive bail and fines what else is forbiden?
Definition
Cruel or unusual punishment
Term
True or False
In a capital felony case where the state seeks the death penalty the defendant may waive the right to trial by jury?
Definition
False
They may waive it in any other case
Term
No person can be convicted of a felony except upon the _____ of a _____, unless the defendant _____ his right.
Definition
1. Verdict
2. Jury
3. Waives
Term
Every person shall be at liberty to _____, _____, or _____ his opinion on any subject, being _____ for the abuse of the privilege.
Definition
1. Speak
2. Write
3. Publish
4. Liable
Term
True or False
Citizens of Texas may be outlawed and transported out of the state for any offense committed in Texas
Definition
False
Term
True or False
Senators and Representatives shall be privileged from arrest during the session of the Legislature?
Definition
True
Term
What is the style of all writs and process
Definition
"The State of Texas"
Term
All prosecutions shall be carried on in what?
Definition
"in the name and by authority of The State of Texas"
Term
True or False
The proceedings and trials in all courts shall be public
Definition
True
Term
The defendant shall be confronted with the witnesses except when?
Definition
Despositions have been taken
Term
If this Code fails to provide a rule of procedure in any particular state of case which may arise, the _____ of the _____ _____ shall be applied and govern.
Definition
1. Rules
2. common law
Term
Who are the (9) people considered to be Magistrates in Texas?
Definition
1. Justice of the Texas Supreme Court
2. Justice of the Court of Criminal Appeals
3. Justice of the Peace
4. Judges of the Court of criminal appeals
5. Judges of County Court
6. Judges of County Criminal Courts
7. Judges of Probate Courts
8.
Term
Are Rail Road Peace Officers considered to be Peace Officers?
Definition
No, they are RR Peace Officers
Term
Who is the conservator of the peace in each county?
Definition
The Sheriff
Term
How long do officers have to investigate after getting a report of physical or sexual abuse?
Definition
no more than 24 hours
Term
Who is given the authority to grant writs of habeas corpus?
Definition
The Court of Criminal Appeals
Term
Who has final appellate and review jurisdiction?
Definition
The Court of Criminal Appeals
Term
Which court deals with the appeals in death penalty cases?
Definition
Court of Criminal Appeals
Term
What is the venue for protective orders?
Definition
the county where the order was issued or the offense was committed
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