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UHD BPOC EXAM 9
study guide
89
Criminal Justice
Not Applicable
04/20/2018

Additional Criminal Justice Flashcards

 


 

Cards

Term
CCP. 2.09 What is a magistrate?
Definition
a.Justices of the Supreme Court b.Judges of the Court of Criminal Appeals c.Justices of the Court of Appeal d.Judges of the District Court e.County Judges f.Judges of County Court Law g.Judges of County Criminal Courts h.Judges of Statutory Probate Courts, and Associate Judges i.Justice of the Peace j.Mayors, Recorders and Judges of Municipal Courts of incorporated cities and towns k.Truancy Magistrates l.Criminal Magistrates of Burnet County Commissioner’s Court
Term
CCP 2.12 What is a Peace Officer?
Definition

Person elected, employed, or appointed as a peace officer. Remember ABC Officers are not Peace Offcers

Term
ART 2.13 Duties and Powers of Peace Officers
Definition

a.Interfere without warrant to prevent or suppress crime

 

b.Execute all lawful process issued to the officer by any magistrate or court

 

c.Give notice to some magistrate of all offenses committed with officer’s jurisdiction.

 

d.Arrest offenders without warrant in every case where officer is authorized by law

 

e.Duty of every officer to take possession of a child

Term
ART 2.27 Investigations of certain report alleging abuse, juveniles?
Definition
Shall investigate jointly with department/agency responsible for conducting investigation. Must make a report as will
Term
ART 4.01 Courts Criminal Jurisdiction?
Definition

a.The Court of Criminal Appeals

 

b.Courts of Appeals

 

c.The District Courts

 

d.The magistrates appointed by the judges of district courts of Bexar County, Dallas County, Tarrant county, or Travis County.

 

e.The County Courts

 

f.All County courts at Law with Criminal Jurisdiction

 

g.County Criminal courts h.Justice courts i.Municipal Courts

 

j.The magistrates appointed by judges of the district courts of Lubbock County.

Term
ART 4.07 Which Court exclusive original jurisdiction of misdemeanors?
Definition
The county courts shall have original jurisdiction of all misdemeanors of which exclusive original jurisdiction and when the fine imposed shall exceed $500.00
Term
ART 4.14 Municipal Court Jurisdiction?
Definition

Exclusive original jurisdiction in territorial limits of municipality of criminal cases are:

 

i. Under ordinances and a fine not to exceed;

 

ii. $2000 that govern fire safety, zoning, or public health and sanitation, other than dumping of refuse;

 

iii. $4000 under municipal ordinances that govern dumping of refuse; or

 

iv. $500 in all other cases under a municipal ordinance

Term
ART 5.04 Family violence duties of peace officers
Definition

a.Protect any potential victim and inform them of victims’ rights

 

b.Enforce the law of the state

 

c.Enforce a protective order

 

d.Make lawful arrest of violators

Term
ART 5.045 Stand by assistance liability
Definition
is no civilly or criminally liable for the wrongful appropriation of any person property by the victim
Term
ART 59.03 Seizure Contraband
Definition

May be seized by any officer under authority of a search warrant; may be made without warrant if:

 

i.Owner, operator, or agent in charge of the property knowingly consents

 

ii.Seizure is incident to a search

 

iii.Subject of a prior judgement in favor of the state

 

iv.Incident to a lawful arrest, search, or search incident to arrest.

Term

BPOC 2.1.1 What is watch and ward system

Definition

Watch is nighttime patrol and ward is daytime patrol, which began in northeastern states

Term

BPOC 2.1.1 American Policing developed in large cities, what did the system begin to experience? 

Definition
Corruption
Term

BPOC 2.1.2. Who contributed to reform era?

Definition

August Vollmer for professional policing

 

J. Edgar Hoover for federal Law Enforcement System

Term
BPOC 2.1.3. Texas Rangers be formed?
Definition
1836
Term
BPOC 2.1.3 After Which battle Texas became a state?
Definition
Battle of San Jacinto of 1836
Term
BPOC 2.1.5 Traditional police service model
Definition

Reactive response

 

incident driven

 

Use of the criminal justice system

 

Use of aggregate statistics

 

Lack of community and employee involvement in decision making process

 

Term
BPOC 2.1.6 Principles of community policing
Definition
  1. Philosophy
  2. Organizational Strategy
  3. New breed of line officers "community policing officer"
  4. continuous sustained contact with community
  5. building new relationships with the public
  6. full-spectrum police service
  7. Find new ways to protect and serve the community 
  8. Usage of technolgoy
  9. fully integrated approach that involves everyone in department
  10. decentralized policing and make it into personalize police service
Term
BPOC 2.1.6 Community Policing
Definition
  1. Reducing fear
  2. establishing trust and harmony
  3. exchanging information to strengthen rapport and enhance safety
  4. assisting in identifying and resolving problems
  5. clarifying responsibilities on behalf of citizens and P.O. 
  6. Help define service needs 
Term
BPOC 5.1.1 Prejudice Definition
Definition

An adverse judgement or opinion formed beforehand or without knowledge of or examination of the facts

 

Term
BPOC 5.1.1 Attitude Definition
Definition
Mental position based on a person's knowledge, feelings, and experiences about someone or something influencing him/her to behave in a certain way in regard to that person or thing
Term

BPOC 5.1.1. Ethnocentrism Definition 

Definition

Act of regarding one's culture as the "center of the universe" and hence as the bias for all comparison with other cultures

 

Term
BPOC 5.1.1 Discrimination definition
Definition
acting on the basis of prejudice
Term
BPOC 5.1.1 Ethnicity Definition
Definition

Shared culture and background. Members of an ethnic group usually have common ancestry and generally share language, religion, and other cultural patterns

 

Term
BPOC 5.1.1 Race Definition
Definition
Groups of people with common ancestry and physical characteristics
Term
BPOC 4.1.2 Court order, which explains why a person is being held
Definition
Writ of Habeas Corpus
Term
BPOC 4.3.3 Person/Property rights of an individuals
Definition
civil law
Term
BPOC 4.3.3 Purpose of criminal law
Definition
prevent harm to society, declares what conduct is criminal and prescribe the punishment
Term
ART 4.04 Highest appellate court in Texas
Definition
Texas Courts of Appeals
Term
ART 4.05 Original jurisdiction of all misdemeanors involving official misconduct
Definition
District Court
Term
PC 1.02 Purpose of the penal code
Definition
System of prohibitions, penalties and correctional measures
Term
PC 1.07 Bodily movement includes speech
Definition
ACT
Term
PC 1.07 Criminal responsibility in a criminal action
Definition
actor
Term
PC 1.07 Bodily injury definition
Definition
physical pain, illness, or any impairment of physical condition
Term
PC 1.07 Anything reasonably regarded as an economic gain or advantage
Definition
Benefit
Term
PC 1.07 Deadly weapon definition
Definition
Firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury, or anything that in manner of use or intended use is capable of causing death or serious bodily injury
Term
PC 1.07 Felony definition
Definition
offense so designated by law or punishable by deat or confinement in a penitentiary
Term
PC 1.07 care, custody, control, or management
Definition
possession
Term
PC 1.07 Omission definition
Definition
failure to act
Term
PC 1.07 Criminal or tortious or both
Definition
unlawful
Term
PC 1.07 Consent Definition
Definition
assent in face, whether express or apparent
Term
PC 1.07 Threat, however it is communicated
Definition
Coercion
Term
PC 2.01 Proof beyond a reasonable doubt
Definition
All persons are presumed to be innocent and no person may be convicted of an offense unless each element of offense is proved beyond a reasonable doubt.
Term
PC 3.03 Criminal episode
Definition
Accused is found guilty of more than one offense arising out of the same criminal episode prosecuted in a single criminal action
Term
PC 6.01 when a person commits an act
Definition

Requirement of voluntary act or omission  

and 

Conduct

Term
PC 6.02 Highest Level of Culpability
Definition
Intentionally
Term
PC 6.03 Ought to be aware of substantial/justifiable risk, but consciously disregards it
Definition

Reckless

 

Term
PC 6.03 Conduct reasonable certain to cause death
Definition
Knowingly
Term
PC 6.03 Conscious objective to engage to in the conduct
Definition
intentionally
Term
PC 7.02 Criminally responsible as a part to an offense
Definition
Acting with kind of culpability required for the offense, he causes or aids an innocent or non-responsible person to engage in conduct
Term
PC 7.02 Attempting to commit one felony and commit another, actors are guilty of
Definition
Criminal Responsibility for Conduct of another
Term
PC 8.04 Not a defense to prosecution
Definition
Intoxication
Term
PC 8.06 Entrapment Definition
Definition

When Police officer action changes form providing opportunity or simple observation of crime to enticing an innocent into committing crime

 

or; 

 

Defense if induced by a law enforcement agent using persuasion or other means likely. Merely affording a person an opportunity to commit a crime does not constitute entrapment

Term
PC 12.03 Misdemeanor with no specification of punishment
Definition
Classified as a Class C
Term
PC 49.01 Intoxication Definition
Definition
Disturbance of mental or physical capacity resulting from the introduction of any substance into the body
Term
BPOC 7.1 Consensual Encounter
Definition
Brief conversation between the civilian and officer. During this contact the civilian is free to leave and not obligate to answer any question
Term
Consequences of Landmark Cases
Definition

Terry v. Ohio: Frisk for a weapon; 

 

Exclusionary Rule: Mapp v. Ohio: cannot use evidence obtain from illegal searches or seizures

Term
ART 11.22 Control over person to subject them general authority
Definition
One person exercises control over another, not to confine him within certain limits, but to subjects him to general authority and power of the person claiming such a right
Term
ART 18.16 Preventing Consequences of Theft
Definition
anyone can prevent theft, take the person in custody and bring them in front of a magistrate
Term
FC 26.1.3 Real Reason for violence and abuse in family
Definition
power and control wheel
Term
FC 26.1.4 Type of abuse that often occurs in family violence
Definition
Emotional, physical, and sexual abuse
Term
FC 71.003 Individuals related by consanguinity or affinity, former spouses or parents
Definition
Family
Term
FC 71.0021 Dating Relationships
Definition

Relationships between individuals, who have or have had continuing relationship of romantic or intimate nature based on: 

  • Lengthy of relationship
  • Nature of relationship, and 
  • Frequency and type of interaction between the persons involved in relationship
Term
FC 71.005 College Roomates
Definition
Household, in which a unit composed of persons living together in the same dwelling, without regard to whether they are related or not
Term
TC 545.156 Vehicle approached by authorized emergency vehicle
Definition
  • yield the right of way
  • immediately drive to position parallel and as close possible to the right hand edge or curb of the roadway clear of any intersection 
  • stop and remain standing until emergency vehicle has passed
Term
TC 541.002 Definition of Police in Traffic
Definition
An officer authorized to direct traffic or arrest persons, who violate traffic regulations
Term
TC 546.001 Permissible Conduct
Definition

Operator of any emergency vehicle may: 

  • drive pass stop sign, red lights, in whatever direction, after slowing down for safe operation
  • park whenever/whereever
  • exceed maximum posted speed limit as long as it is safe and does not endanger life/property
Term
TC 545.412 Child passenger safety seat system
Definition
younger than age of 8 unless 4ft 9in or taller
Term
TC 545.404 Unattended Motor Vehicle
Definition

The vehicle must have engine stopped: 

  • ignition locked
  •  key remove from ignition
  • parking brake set effectively, front wheels turned to the curb/side of the highway if on hill
Term
TC 545.302 Distance parking from a fire hydrant
Definition
within 15ft
Term
TC 545.424 License drive under 18
Definition

May not:

 

  • drive while using a wireless communication device (except in emergencies)
  • Drive between the hours of 12:01 am- 4:59 am, unless for work/school/medical related activities 
  • Drive more than 1 non-family member/person under 21 
Term
Penal Code 9 Threat of Force justified when use of force
Definition
A threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force.
Term
PC 9.03 Self defense
Definition

actor reasonably believe the force is immediately necessary to protect him/herself against another person's use/attempted use of unlawful force

 

Term
PC 9.32 Verbal Provocation to use force
Definition
No
Term
BPOC 17.1.1 Aggressive act committed by any person and does not amount to an assualt to accomplish legitimate objective
Definition
Force
Term
FC 51.01 Title 3 Of the Juvenile Justice Code
Definition

a.     To provide for the protection of the public and public safety

 

b.     Consistent with the protection of the public and public safety

 

c.     To promote the concept of punishment for criminal acts

 

d.     To remove, where appropriate, the taint of criminality from children committing certain unlawful acts

 

e.     Provide treatment, training, and rehabilitation that emphasizes the accountability and responsibility of both parent and child’s conduct

 

f.       Provide care, protection, and wholesome moral, mental, and physical development off children

 

g.     Protect welfare of community and to control commission of unlawful acts by children

 

h.     Achieve the foregoing purposes in a family environment whenever possible, separating child from parent only when necessary for the child’s welfare or public safety

 

i.        Provide  a simple judicial procedure through which provisions of this title are executed and enforced

Term
FC 51.02 Title 3 of the Family Code Child Definition
Definition

Person's who's 10 years of age or older and under 17

 

or; 

 

17 years of age or older but under 18, who 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 Conduct
Definition

Conduct, other than a traffic offense, that violates a penal law of this state, U.S. punishable by imprisonment/confinement in jail 

 

or; 

 

Conduct that violates a lawful order of a court under circumstance that would constitute contempt of that court 

Term
FC Waive a child's right
Definition
Voluntarily by the child and the attorney for the child
Term
FC 51.12 Juveniles detained in a city jail
Definition
Can be in the same building, but a child shall be detained separately, by sight and sound from adults. Separation must extend to all areas of the facility.
Term
BPOC 23.1.1 Three things to facilitate effective communication
Definition
arranging, positioning, posturing
Term
BPOC 23.1.1 Arranging Definition
Definition
Eliminating distractions, adding attractors (privacy, comfort, etc), enhancing the environment to facilitate communication
Term
BPOC 23.1.1 Positioning Definition
Definition
placing the body, so you are able to observe, listen, or perform some physical act
Term
BPOC 23.2.1 Critical Thinking
Definition
The intellectually disciplined process of actively and skillfully conceptualizing, applying and analyzing information gathered from observation, experience, reflecting, reasoning or inspection as a guide to belief and action
Term
BPOC 23.2.2 Community policing definition
Definition
A policing philosophy that promotes and support organizational strategies to address the causes and reduce the fear of crime and social disorder through problem solving tactics and community partnership.
Term
BPOC 15.3.2 Eight essential criteria of a good police report
Definition

Accuracy

 

Legibility

 

Conciseness

 

Objectivity

 

Completeness

 

Grammatically 

 

Clarity

 

Spelling 

Term
BPOC 15.3.3 Three common types of police reports
Definition

Offense Report

 

Arrest Report

 

Incident Report

 

Supplement Report 

Term
BPOC 15.3.4 Arrangement of data in order in a police report
Definition
Chronological order
Term
BPOC 15.3.5 Three basic kinds of information in police report
Definition

Identification of people involved, vehicles, etc. 

 

Narrative description of the offense/incident

 

Elements of the offense or probable cause 

Term
BPOC 15.3.6 Officer opinion in police report
Definition
No, unless it is required. Anything other than facts, must be labeled as such to avoid confusion
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