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UHD BPOC Exam 7
Exam 7
92
Criminal Justice
Not Applicable
02/20/2018

Additional Criminal Justice Flashcards

 


 

Cards

Term
TC 541.001- Persons
(Operator Definition)
Definition
A person who drives or has physical control of a vehicle.
Term
TC 542.401- General penalty
(General penalty for a traffic offense what is the maximum fine?)
Definition
Misdemeanor for which another penalty is not provided shall be fined not less than $1 or more than $200.
Term
TC 545.057- Passing to the Right
(is the operator of a motor vehicle ever allowed to pass on the right?)
Definition
-Only if conditions permit safely.
-Vehicle being passed is making or about to make a left turn.
-The operator is on a highway having unobstructed pavement not occupied by parked vehicles and sufficient width for two or more lines of moving vehicles in each direction.
-On a one-way street or on a roadway having traffic restricted to one direction of movement and the roadway is free from obstructions and wide enough for two or more lines of moving vehicles.
-An operator may not pass to the right by leaving the main traveled portion of a roadway.
Term
TC 545.412- Child Passenger Safety Seat
(child safety seat requirements)
Definition
- A person transports a child who is younger than 8 unless child is taller than 4,9 and does not keep the child secured during the operation of the vehicle.
- Fine $25-$250.
-Defense to prosecution, emergency or for a law enforcement purpose.
-Does not apply to a person, operating a vehicle transporting passengers for hire, excluding third-party transport service providers when transporting clients pursuant to a contract to provide non-emergency Medicaid transportation
-Child passenger safety seat systems or safety belts are occupied.
Term
TC 544.004- Compliance with Traffic-Control Device (b).
(When is a traffic control device not enforced, having to do with time of the violation?)
Definition
At the time of violation, device not in proper position & not sufficiently legible to a regular observer.
When directed otherwise by a Traffic Police Officer.
When operating an authorized emergency vehicle.
Term
BPOC 9.3.1- Common traffic incidents
Definition
-Traffic crashes
-Disabled vehicles
-Spilled cargo
-Highway maintenance
Term
BPOC 9.3.1- Should an officer minimize the use of flashing lights when using an emergency vehicle as a barrier while directing traffic?
Definition
Yes, Gaze is more difficult for drivers who are fatigued, under the influence of alcohol or drugs, or who are aged.
People drive where they look
Make sure directional arrows are consistent with cone/flare patterns and other emergency vehicles.
Term
TC 550.022- Accident Involving Damage to Vehicle
(what is the penalty for being involved in a motor vehicle accident causing $500 in damage and leaving the scene of the accident without exchanging information?)
Definition
Class B if the damages to all vehicles is $200 or more.
Term
TC 550.062- Officers Accident Report
(how many days does an officer have to submit an accident report?)
Definition
No later than the 10th day after the date of the accident.
Term
TC 545.062- Following Distance
(to avoid “Following to Closely” an operator shall maintain what between vehicles?)
Definition
Shall maintain an assured clear distance
considering traffic/highway condition and speed of vehicles can safely stop without colliding.
Term
TC 545.157- Passing Certain Vehicles
(what is a driver required to do if an emergency vehicle is stopped on the right shoulder?)
Definition
-Move over a lane.
-Slow to a speed of 20 miles less if the speed limit is higher then 25.
-Slow to a speed 5 miles less if the speed limit is lower then 25.
Misdemeanor $1-$200
Misdemeanor $500 if property damages
Class B If Bodily Injury Occurs
Term
TC 545.066- Passing a school Bus
(when may an operator proceed past a school bus that is stopped on the roadway to receive or discharge children?)
Definition
School Bus resumes motion.
School Bus Driver signals you to proceed.
School Bus signals has been turned off.
You’re on a separate roadway (on the other side of the divider).
Misdemeanor $500-$1,250
more than once $1000-$2000
Class A S.B.I.
More than 2 S.J.F.
Term
TC 541.201- Motorcycle definition
Definition
Motor vehicle with rider saddle & 3 wheels or less on the ground when propelled.
Term
TC 541.201- Passenger car definition
Definition
Motor vehicle used to transport 10 or less people (operator included).
Term
TC 541.401- Daytime definition
Definition
1/2 Hours before sunrise - 1/2 hours after sunset.
Term
TC 541.401- Stand definition
Definition
Halt an occupied/unoccupied vehicle, other than temporarily while picking up/dropping off people.
Term
TC 543.002- Person Arrested to be Taken Before Magistrate
(shall a person refusing to sign a traffic violation citation be taken immediately before a magistrate?)
Definition
Yes, if the person demands an immediate appearance or refuses to sign a traffic citation.
Term
TC 543.006-Time and Place of Appearance
(how many days after the issuance of a citation is the notice to appear in court?)
Definition
At least 10 days after unless demanded earlier.
Term
TC 545.058- Driving on Improved Shoulder
(are there limitations to driving on an improved shoulder?)
Definition
If necessary and may be done safely to stop/stand/park/accelerate before entering traffic/slow down before making a turn/pass vehicle that is slowing or stopped/allow vehicle to pass/permitted by official/or to avoid crash.
Term
TC 545.062- Following Distance
(what is the proper following distance in the Transportation Code for an operator between vehicles?)
Definition
Enough distance you’re not hitting the front vehicle if you have to stop suddenly or veer off and hit the vehicles on either side.
Term
TC 545.066- Passing a school Bus
(Are you required to stop for a school bus that is on a different roadway?)
Definition
NO
Term
PC 12.03- Classification of Misdemeanors
(What designation is a misdemeanor in the Penal Code without specification as to punishment or category?)
Definition
Class C Misdemeanor.
Term
PC 12.04- Classification of Felonies
(What designation is a felony in the Penal Code without specification as to punishment or category?)
Definition
SJF
Term
PC 12.21- Class A Misdemeanor
(What is a class “A” misdemeanor punishment?)
Definition
Up to 1 Year in jail, $4,000 or Both
Term
PC 12.22- Class B Misdemeanor
(What is a class “B” misdemeanor punishment?)
Definition
Up to 6 Months in jail, $2,000 or Both
Term
PC 12.31- Capital Felony
(What is a capital felony punishment?)
Definition
Prison for Life without parole or Death
Term
PC 12.23- Class C Misdemeanor
What is a class “C” misdemeanor punishment?
Definition
Up to $500 fine.
Term
PC 12.32- First Degree Felony Punishment
(What is a First degree felony punishment?)
Definition
5 – 99 or Life; $10,000.
Term
PC 12.33- Second Degree Felony Punishment
(In addition to imprisonment, what else can a person be fined for the offense for a second degree felony?)
Definition
A fine up to $10,000
Term
PC 49.11- Proof of mental state Unnecessary
(What offense does the Penal Code not require a proof of mental culpability for a conviction?)
Definition
Intoxication
Term
PC 15.01- Criminal Attempt definition
Definition
Specific intent to commit an offense, more than just preparation but fails to effect the commission of that offense.
Offense is one category lower than the offense attempted.
Term
PC 31.03-Theft
(What are the elements of the offense for theft?)
Definition
-Unlawfully appropriates property with intent to deprive the owner of property.
-Obtaining known stolen property is also “unlawfully appropriation”
Term
PC 29.02- Robbery
(Robbery definition and elements of the offense)
Definition
A person commits an offense if, in the course of committing theft with intent to obtain or maintain control of the property
(1) intentionally/knowingly/recklessly causes B.I. to another; or
(2) intentionally/knowingly threatens or places another in fear of imminent bodily injury or death.
2nd Felony
Term
PC 30.02- Burglary
(Burglary definition and elements of the offense)
Definition
Without consent of the owner
Any body part or object Enters/remains concealed in any part of a habitation/building Even not open to the public with intent to commit a felony/theft/assault.
S.J.F.- Building
2nd-habitation
3rd- Building stores Controlled Substance
Term
PC 30.05- Criminal Trespass
(What offense is criminal trespass of a habitation?)
Definition
Class A.
Term
PC 31.07- Unauthorized Use of a Vehicle definition and elements of the offense
Definition
Operating a boat/airplane/motor propelled vehicle belonging to another without owner’s consent.
Elements: Intentionally/knowingly.
Term
PC 46.04- Unlawful Possession of firearm
(In Texas, when can a convicted felon own a firearm?)
Definition
Been released for more than 5 years And at home only.
Term
PC 31.09- Aggregation of Amounts Involved in Theft
(In what offense can the amounts be aggregated or added together?)
Definition
Theft.
Term
PC 29.03- Aggravated Robbery
(What is the factors that make robbery into aggravated robbery?)
Definition
Robbery + SBI/Deadly weapon involved or Elderly Victim (65+).
Term
PC 46.06- Unlawful transfer of Certain Weapons
(Is it a crime to loan someone a firearm to commit a crime?)
Definition
Yes, if they knowingly know they are going to use it unlawfully to commit a crime.
Class A
S.J.F. if with intent/know sells, rent, lends etc. any child younger then 18
Term
Article 2.09- Who is a magistrate?
Definition
All Judges are Magistrates BUT NOT ALL Magistrates are Judges (Mayors and Recorders are also Magistrates)
Term
Article 2.12- Who are peace officers?
Definition
All but the ABC cops Examples F.B.I./D.E.A./I.C.E. etc. but shall have the powers of arrest, search, and seizure as to felony offenses only.
Term
Article 2.13- What are duties of peace officers?
Definition
-Preserve the peace within their jurisdiction.
-Interfere without warrant (when authorized) to prevent/suppress crime.
-Execute all lawful process issued by magistrate/court.
-Give notice to magistrate all offenses committed within their jurisdiction.
Term
Article 2.27- What are a peace officers duties if someone makes a threat of death or serious harm to a juvenile?
Definition
SHALL investigate jointly with the department/agency responsible for conducting investigation
Term
Article 4.01- What courts have criminal jurisdiction?
Definition
1. The Court of Criminal Appeals
2. Courts of appeals
3. The district courts
4. The criminal district courts
5. The magistrates appointed by the judges of the district courts of particular County.
6. The county courts
7. All county courts at law with criminal jurisdiction
8. County criminal courts
9. Justice courts
10. Municipal courts
Term
Article 59.03- When can property be seized without a warrant?
Definition
-Owner/operator/agent in charge of the property knowingly consents.
-Incident to a search the owner/operator/agent in charge of the property knowingly consents.
-The property is a seizure that has been the subject of a prior judgment in favor of the state.
-Incident to a lawful arrest/lawful search/lawful search to incident to arrest.
Term
Article 4.01- What is the jurisdiction of county court?
Definition
Criminal & Civil cases. Original jurisdiction of all misdemeanors & Fine more $500.
Term
Article 4.14- What are municipal court criminal cases punishable by?
Definition
Fines only
Term
Article 5.04- What are the duties of a peace officer relating to family violence?
Definition
-Protect potential victims & advise victims’ legal rights and service availability.
-Enforce state laws & protective orders.
Arrest violators.
Term
Article 5.045- Is an officer civilly or criminally liable for stolen property during a stand by?
Definition
-Officer may stay with family violence victim.
-Allow victim to take personal property from residence or a child in the care of the victim to a safe place.
-Officer will not be civilly or criminally liable for acts by providing assistance to victim and any appropriation of personal property.
Term
Article 14.01- What may an officer arrest for when committed in their presence?
Definition
Any offenses.
Felony offenses.
Offenses against the public peace.
Term
Article 14.02- What can a magistrate order a peace officer to arrest for in their presence?
Definition
Felony offenses & Breach of the peace.
Term
Article 5.05- What is an officer required to do when answering a call that may involve family violence?
Definition
-Shall make a written report.
-Names of suspect and compliant
Date, time, and location of incident.
-Any visible injuries or reported injuries.
-Description of incident and statement of disposition.
Term
Article 6.05- Duties of a peace officer as to threats?
Definition
-When informed that a threat has been made, duty to prevent that threat.
-May summon citizens in his county to help.
Term
Article 15.06- Arrest warrant extends to every part of the state except one signed by who?
Definition
Mayor of an incorporated city/town
Term
Article 14.03- When may an officer arrest without a warrant
Definition
Persons found in suspicious places & have been guilty of some felony.
Breach of the peace, public intoxication, about to commit some offense against the law.
Probable cause to believe person have committed assault BI against another.
Term
Article 14.03- What may an officer arrest for without a warrant found in suspicious places and under circumstances
Definition
Reasonably show that persons have been guilty of some felony.
Term
Terry v Ohio- Does it allow a temporary seizure of a person for suspicion of criminal activity
Definition
Yes, If officer has reasonable suspicion.
Term
BPOC 7.1- Arrest definition
Definition
Take persons into custody for purposes of charging them with a crime based on an officer’s establishment of probable cause.
Term
What is a frisk used to detect?
Definition
Weapons.
Term
BPOC 7.1.13- exigent circumstances definition
Definition
An emergency requiring immediate medical or police assistance, the imminent destruction of evidence that is easily lost or destroyed, the presence of dangerous weapons/instrumentality
Term
BPOC 2.1.3- who created the Texas Rangers?
Definition
Stephen F. Austin in 1823
Term
BPOC 2.1.2- in which era did patrol system become incident driven?
Definition
From 1950 – 1970s
Term
BPOC 2.1.1- what did the entire system of criminal justice begin to experience as American policing begin to grow in large cities?
Definition
Corruption
Term
What is genuine health or wellness?
Definition
A person’s health/disease status and risk potential, ranging from death – optimum well-being.

Not just the absence of disease; but is a state of positive well-being (positive lifestyle, behavioral health, balancing physical/mental/spiritual.
Term
Wellness definition?
Definition
A person’s health/disease status and risk potential, ranging from death – optimum well-being.

Wellness goes beyond performance, a person can be physically fit but not well
Term
Physical fitness definition?
Definition
The condition of the body that enables an individual to use his/her body in activities requiring: muscular strength/endurance; cardio vascular endurance; flexibility; agility; power; speed.
Term
How many components exist in physical fitness?
Definition
Divided into two categories (Functional & Motor)
Term
Which component of fitness is the most important to quality of life?
Definition
Functional and Health related Fitness is the most important.
Term
What are the foundation block of the wellness pyramid?
Definition
Regular Exercise + Proper Nutrition.
Term
What are stress related disorders?
Definition
Alcoholism, Divorce, Suicide
Term
What is law enforcement as a profession health profile?
Definition
Like other Americans—cardiovascular disease is the number one cause of death. Money, time and training are not always allocated proportionally.
Term
PC 9.04-
(When is the threat of force justified?)
Definition
When the use of force is justified by Chapter 9
Term
BPOC 17.1.4- Force definition
Definition
Power dynamically considered, that is, in motion or in action; constraining power, compulsion; strength directed to an end.
Term
PC 9.31-
(If you ask someone to assault you does that give you the right to self defense?)
Definition
No. Self Defense-actor reasonably believes the force is immediately necessary to protect him/herself against another person’s use/attempted use of unlawful force (to enter to remove actor from habitation/vehicle/places of employment;
To commit sexual assault/agg. Sex. Assault/Robbery/agg. Robbery/murder)
Term
PC 9.31 & 9.32-
(Are you required to retreat before using justified force?)
Definition
Not required if actor has a right to be present at that location, has not provoked the other person, is not engaged in a criminal activity at that time.
Term
PC 9.32-
(Is deadly force justified in preventing sexual assault, kidnapping, criminal mischief at night?)
Definition
Yes, if actor believes the deadly force was immediately necessary.
Term
PC 9.51-
(Is a peace officer justified in using deadly force to effect an arrest for disorderly conduct?)
Definition
NO.
Term
PC 9.61-
(Can a parent use deadly force against their child to ensure a child’s welfare?)
Definition
No, Parents can use force, but NOT Deadly Force, on a child younger than 18 for welfare.
Term
PC 9.61-
(Can a grandparent use force, but not deadly force, to insure a child’s welfare?)
Definition
Yes. “in loco parentis” Grandparents/Guardian can use force, but not deadly force, on a child.
Term
BPOC 15.3.2-What are the 8 essential criteria for a good police report?
Definition
Accuracy, Conciseness, Completeness, Clarity, Legibility, Objectivity, Grammatically, Correct Spelling.
Term
BPOC 15.3.5- Three basic kinds of information necessary for a police report?
Definition
Identification.
Narrative.
Elements of the Offense or Probable Cause
Term
BPOC 15.1.2- Is written communications used as a factor in officer competence?
Definition
Written communication is one of the factors to evaluate competency of a peace officer.
Term
BPOC 21.3.3- Should an officer use the police radio to broadcast lengthy and detailed descriptions?
Definition
NO.
Term
BPOC 21- Pronunciation of “G”, “I”, “N”. “T”
Definition
GEORGE IDA NORA TOM
Term
FC 51.01- What is the purpose for Title 3 of the Juvenile Justice Code?
Definition
Purpose of the code is public safety, promote punishment for crimes, remove taint of criminality from children committing crimes, provide treatment and retaining for parent and child, provide for care and wholesome development, protect welfare of community, to do so in a family environment to provide Judaical procedures.
Term
FC 51.02- Title 3 defines a child as?
Definition
Person who’s 10 years of age or older and under 17.
17 years of age or older but under 18 who’s alleged or found to have engaged in delinquent conduct/conduct indicating a need for supervision as a result of acts committed before turning 17.
Term
FC 51.03- Delinquent code definition?
Definition
Conduct, other than a traffic offense, that violates a penal law of this state, or U.S., punishable by imprisonment/confinement in jail.
Conduct that violates a lawful order of a court under circumstances that would constitute contempt of that court.
Conduct violates Sec. 49.04,05.06,07,
Violates 106.041 (ABC) (Driving under influence of alcohol by minor)
Term
FC 51.09- Who can waive a child’s rights?
Definition
Voluntarily by the child and the attorney for the child.
Term
FC 51.12- Can juvenile be detained near adult offenders?
Definition
No. separately, by sight and sound throughout the facility.
Term
FC 51.095- Who cannot be present when a child signs a statement of presence of a magistrate?
Definition
Armed Police Officer and Bailiff
Term
BPOC 14.3.2- What problems are associated with juvenile gang activities?
Definition
Conditions for juvenile gang existence.
Name/identification of leadership.
Geographic turf.
Weapon and drug involvement.
Delinquent activity.
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