Texas criminal law

Card Set Information

Texas criminal law
2010-04-29 18:31:16

amendments, penal code, ccp
Show Answers:

  1. 1. 1st Amendment

    2. Court Case
    • 1. Freedom Speech, Freedom of press --
    • Right to peacefully assemble, right to petition
    • freedom of religion

    • 2. Duran vs. Douglas A.Z.
    • Chipping and calling names
  2. 1. 4th Amendment

    2. Court Case
    1.Search and Seizure
  3. 2.Mapp vs. Ohio, illegally obtained evidence will be excluded as evidence (porn)
    • Terry vs. Ohio (terry patt)
    • Tennessee vs. garner
  4. Wong Sun
    Gives fruits of poison tree doctrin
  5. 1. 5th amendment

    2. court case
    1.Right of the people, can not be tried twice for same crime double jeopardy, does not have to a witness against himself, due process of law.

    • 2.miranda vs. arizona
    • right to remain silent
  6. 1. 6th Amendment

    2. Court case
    1. Right to Speedy Trial, confrontation of witnesses, Jury of State and district were crime was committed

    • 2. Ir re Gault-Young boy
    • gideon vs. wainwright-counsel
  7. 1. 8th Amendment

    2. court case
    1. Cruel and unusual punishment, no excessive bail,

    • 2. Furman vs. Georgia
    • changed death penalty
    • all states have own laws on death penalty
    • currently 34 states have death penalty
  8. 10th amendment
    States right

  9. 14th amendment
    • Citizenship rights.
    • all person born or naturalized in U.S. have same rights
  10. Criminal Justice System
    • police
    • courts
    • corrections
  11. Civil law
    personal and property rights of individuals
  12. Criminal law
    prevents harm to society,declares conduct,
  13. elements of the offense
    • 1. Guilty mind (mens Rea)
    • 2. prohibited act (Actus Reus)
    • 3. causation, concurrence
    • .... guilty mind and prohibited act go together

    (1,2,3,heart of penal code)
  14. Territorial jurisdiction
  15. the 4 culpable mental states
    • 1. Intentionally
    • 2. knowingly
    • 3. recklessly
    • 4. criminal negligence
  16. 1. act

    2. Actor

    3. another
    1. bodily movement

    2. suspect,

    3.person other than the actor
  17. What does DEFENSES do
    Replace the guilty mind portion of the elements of the offense

    • Insanity, entrapment, mistake of law,
    • duress, age, self defense, intoxication
  18. 1. writ of habeas corpus "bring the body"

    2. Corpus Delicti "body of the crime scene"
    • 1. bring a party before a court or judge
    • -----A. Must charge with a crime within 48 hours

    2. the body of evidence that constitute the offence
  19. The first 4 Articles of Constitution
    • 1. Legislative "Senate and house of Representatives"
    • 2. Executive "President and Vice President"
    • 3. Judicial "Federal Court"
    • 4. The States
  20. Due process of Law
    a person cannot be deprived of life or liberty or property without appropriate legal procedures and safeguards
  21. Probable Cause
    having more evidence for than against
  22. Amending TX. Constitution
    • Article 17 provides process
    • 1. proposed changes set to legislature
    • 2. 2/3 of both house approve amendment
    • 2. goes to popular vote
  23. Causation is
    Bringing about of a result.

    (The Defendant caused the result of which the plaintiff complains of)
  24. Statutory Law is
    Written law.
  25. What are the 5 types of Texas court structure
    • 1. States Highest Appellate Courts
    • ------A. Supreme Court, Court of Appeals
    • 2. State Intermediate Courts
    • ------A. Court of Appeals
    • 3. State Trial Courts of General & Special Jurisdiction
    • ------A. District Courts
    • 4. County Trial Courts of Limited Jurisdiction
    • ------A. Constitutional County Courts, Country Courts at Law, Statutory Probate Courts
    • 5. Local Trial Courts of limited Jurisdiction
    • ------A. Municipal Courts B. Justice of the Peace
  26. Penal Code 16.01
    Unlawful Use of Criminal Instruments.
    • (a)A person commits an offense if
    • 1. possesses a criminal instrument with intent to use it in the commission of an offense
    • 2. w/ knowledge of its character and intent to use it or aid to another in commission of offense
    • ---B. criminal instruments means anything, the possession, manufacture, or sale of which is not otherwise offense, that is designed for a offense.
    • ---C. One category lower then the offense
  27. Describe police power
    power to regulate by government
  28. where most murder statutes /laws originated
    10 commandments (hebrew law)
  29. Prosecuting Attorney & Court (CCP5.06)

    nProsecuting Attorney & Court (CCP5.06)

    • May NOT dismiss or delay criminal
    • proceeding involving family violence

    • May NOT require proof of any existing or
    • current divorce and/or custody orders
  30. Venue

  31. The venue is the county in which the protective order is issued
  32. Jurisdiction
    Regardless of venue, ALL protective orders are valid anywhere in the U.S.
  33. Liability

    While protecting and helping the victim remove personal property, the

    • peace officer is not liable either by act or omission for wrongfully acquired
    • items or offering assistance
  34. Reporting requirements
    In the instance of family violence a report is to be made to, including

    but not limited to



    • -Location
    • -Visible injuries

    • -Reported injuries
    • -Date & Time
    • -Description of incident & disposition
  35. Family violence

    Duties of Officers

    • Protect any potential family member from Family Violence
    • -Enforce the law and make lawful arrests

    • Protective orders
    • -Ex Parte - On behalf of one - Temporary Civil Order

    • -Emergency - Issued by JP
    • -Full Protective Order

    • Advise victim of all reasonable avenues & rights
    • -Shelters

    • -Help Groups
    • -Protective orders

    -Notice to Adult Victims of Family Violence
  36. Family Violence is a
    • -serious danger and threat to society and it’s members.
    • Victims of family violence are entitled to the maximum protection from
    • harm or abuse or the threat of harm or abuse as is permitted by the law.
    • -All actions taken without regard to the relationship between the alleged offender and victim.
  37. Object Of The CCP
    • article 1.03
    • This code is intended to embrace
    • rules applicable to the prevention and prosecution of offenses against the laws
    • of this State, and to make the rules of procedure in respect to the prevention
    • and punishment of offenses intelligible to the officers who are to act under
    • them, and to all persons whose rights are to be affected by them
  38. Created to (CCP 1.03)
    • -Measure for the prevention of crime
    • -Exclude all hope of escape for the offender

    -To produce all required evidence and investigation

    -To ensure a fair and impartial trial

    -To execute the sentence of the law when decided
  39. Who is a Magistrate? (CCP 2.09)
    • Judges & Justices of :-
    • Supreme Court
    • Texas Criminal Court of Appeal
    • Court of Appeals

    • District Court
    • Those Appointed by the District

    • ---Courts of:-
    • Bexar County

    • Dallas County
    • Tarrant County

    • Travis County
    • ----County Court

    • County Court At Law with Criminal Jurisdiction
    • County Criminal Court
    • Justice Court

    • Municipal Court
  40. Duties of a Magistrate (CCP 2.10)

    • -To preserve the peace
    • -Issue Processes
    • -Cause arrest for offenders to be brought to justice
  41. Just who can be called a peace officer?

    • -Officers & Marshal’s of an Incorporated City
    • -Sheriffs, Deputies & their reserves
    • -Rangers & Officers of the DPS-Water District Police Officers

    • -Texas Parks & Wildlife Officers
    • -Racing Commission Investigators
    • -Airport Police with a city population of more than 1.8 million

    -DA Investigators

    -Transport Police

    -Arson Investigators

    -County Park Rangers

    CIA is NOT
  42. Rail Road Police

    CCP 2.121

    • DPS Director appoints up to 250 Railroad Police
    • -Employed by the Railroad Companies
    • -Duties include
    • -Protection of RR properties
    • -Passengers
    • -Personnel
  43. Adjunct Police Officers
    CCP 2.123
    • -Counties under 200,000
    • -50 Appointed Police Officers within a college or university
  44. Family Violence
      • Regardless of venue, ALL protective orders are
      • valid anywhere in the U.S.

  45. Venue
      • The venue is the county in which the protective
      • order is issued

  46. Prosecuting Attorney & Court ccp 5.06

      • May NOT dismiss or delay criminal proceeding involving family violence
      • May NOT require proof of any existing or current divorce and/or custody orders

  47. Liability

      While protection and helping the victim remover personal property, the peace officer is not liable either by the act or omission for wrongful acquired items or offering assistance.