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2010-05-15 00:57:39

texas code of criminal prcedure
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  1. Texas Code of Criminal Procedure
    • –To establish policy, procedure and guidelines for the legal system within the State of Texas
    • –To define and guarantee the rights of the individuals within relationship to the U.S. Constitution
    • –The procedure herein prescribed shall govern all criminal proceedings instituted
    • after the effective date of this Act and all proceedings pending upon the
    • effective date hereof insofar as are applicable.
  2. Code of Criminal Procedure (Art 1)
    • •Learning Objective 6.1.1
    • Identify the basis for administration of criminal procedure in Texas.
    • •Art. 1.01 This Act shall be known, and may be cited, as the "Code of Criminal
    • Procedure.”
    • •Art. 1.02. Effective date. January 1, 1966
  3. •Art 1.03. Object of this code.
    • -To adopt measures for preventing the commission of crime
    • -To exclude the offender from all hope of escape
    • -To insure a trial with as little delay as is consistent with the ends of justice
    • -To bring to the investigation of each offense on the trial all the evidence tending to produce conviction or acquittal
    • -To insure a fair and impartial trial
    • -The certain execution of the sentence of the law when declared.
  4. •Art. 2.10. Duty of magistrates.
    • –preserve the peace within his jurisdiction by the use of all lawful means
    • –to issue all processes intended to aid in preventing and suppressing crime
    • -to cause the arrest of offenders by the use of lawful means in order that they may be brought to punishment.
  5. Police officers
    Art. 2.13 Duties and powers.
    • –to preserve the peace within the officer's jurisdiction.
    • –in every case authorized by the provisions of this Code, interfere without warrant to prevent or suppress crime
    • –execute all lawful process issued to the officer by any magistrate 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.
    • -It is the duty of every officer to take possession of a child under
  6. Racial Profiling
    • •Art. 3.05. Definition - Racial profiling.
    • –In this code, "racial profiling" means a law enforcement-initiated action
  7. Forfeiture - Contraband
    • "Contraband" means property of any nature, including real, personal, tangible, or intangible, that is used in the commission of:
    • -any first or second degree felony under the Penal Code
    • –any felony under Section (Robbery, Burglary, Theft, Fraud)
    • –any felony under The Securities Act
  8. Art. 59.03. Seizure of contraband
    • –Property subject to forfeiture under this chapter, other than property described by Article 59.12, may be seized by any peace officer under authority of a search warrant
    • –Seizure of property subject to forfeiture may be made without warrant if: the owner, operator, or agent in charge of the property knowingly consents;
  9. •Trial Court
    • •Trial Court
    • Municipal, JP, County, District
    • –Hears testimony, sees physical evidence
    • –Jury or judge decides.
  10. •Appeals or Appellate Court
    • •Appeals or Appellate Court
    • -County, Court of Appeals, Court of Criminal Appeals
    • ---Reviews the transcript from the trial of a court of record.
    • ---Determines “Due Process”
  11. Original or Trial Jurisdiction
    • –Court with jurisdiction or authority of the specific case based on kind or type of offense..
    • –Class C misdemeanor = Justice or Municipal Court
    • –Murder Case = District Court
    • ----Court has authority to hear evidence i.e. witness, physical evidence - actual testimony is given
  12. Appeals or Appellate Jurisdiction
    • -Higher court order - the record of the trial court is dispatched
    • -Appeals court reviews the record of the “original” trial!
    • -Compares transcripts to determine if “Due Process of Law” was afforded to the defendant. ? – What is Due Process of Law?
    • -Rarely to never hears testimony
    • -If error found case is reversed and remanded to the trial court.
    • –Often referred to as reversible error!
  13. Family Violence Protection (Duties)
    • -Enacted in late 70’s to mid 80’s
    • -Officers responding to family violence must:
    • -Protect any potential victim
    • -Enforce the laws of this state
    • -Enforce a protective Order from another jurisdiction
    • -Make lawful Arrest of violators
  14. Family Violence (Duties of Officers)
    • • Advise any possible adult victim of all reasonable means to prevent further family violence
    • •Give written notice of a victim’s legal right’s and remedies
    • •Advise of the availability of shelter or other community services for family victims
    • •Written notice to be in English and Spanish
  15. Officer’s Standby Assistance
    • -Discretion of Officer
    • –may standby or stay with a victim of family violence
    • -To allow the victim to take their personal property or Child in care of the victim to a place of safety
    • -A peace officer who stands by is not liable in any manner that arises from the stand by or civilly or criminally liable for the wrongful appropriation of personal property of the victim.
  16. Venue

    • –County in which it was issued
    • –County where the incident was committed.
    • –Always adhere to departmental policy.
  17. Duties of Magistrates

    •6.01 Threatened Injury
    It is the duty of every magistrate, when he may have heard, in any manner, that a threat has been made by one person to do some injury to himself or the person or property of another, including the person or property of his spouse, immediately to give notice to some peace officer, in order that such peace officer may use lawful means to prevent the injury
  18. Duties of Magistrates
    •6.02 Threat to take life
    If, within the hearing of a magistrate, one person shall threaten to take the life of another, including that of his spouse, or himself, the magistrate shall issue a warrant for the arrest of the person making the threat, or in case of emergency, he may himself immediately arrest such person
  19. Duties of Officers
    6.05 Threats
    • –When informed may call in aid to prevent
    • –Take such measures to protect the person about to be injured
  20. Duties of Officers
    6.06 Prevent Injury
    • –Within presence or view - one person is about to injury another.
    • –May call aid from citizens of his county
    • –Use amount of force to prevent the offense, but no greater.
  21. Suppression of Riots/Other Disturbances
    • 8.01 May require aid
    • --Officer may call aid
    • -Sheriff may call military
    • 8.04 Dispersing Riot
    • -Magistrate or Officer cause to disperse when legal under riot
    • -May arrest with or without a warrant
  22. Time Limitations

    •Art 12.01 Felonies
    Murder, Manslaughter, Death in Traffic (Hit & Run), Sexual Assault when DNA does not match
    victim or other identified person
    No Limits
  23. –Theft
    - special circumstances, Forgery - uttering, using or passing, Injury to a child, elderly or disabled as felony of 1st degree (Intentionally or knowingly), Arson
    10 Years from the Date of Commission
  24. Time limitations
    –Misapplication of fiduciary property (trust) or property of financial institution, securing the execution of document by deception, violations of sections 153.403 (22) - 39 Tax Code
    Seven years from the date of commission of the offense
  25. Time limitations
    Theft, burglary, robbery, kidnapping, Injury to a child, elderly or disabled person that is not punishable as a 1st degree felony under sec. 22.04 PC (Conduct is Recklessly), Abandoning or endangering a child
    Five (5) years from date of commission
  26. Time limitations
    –All other felonies
    •Three (3) years from the date of commission of the offense
  27. Misdemeanors Art. 12.02

    –Two years from the date of commission of the offense
  28. Arrest w/o warrant 8 exceptions
    • 1.CCP 14.01 Presence or view of a peace officer
    • 2.CCP 14.02 Presence or view of Magistrate
    • 3.CCP 14.03 (a)(1): Suspicious places/circumstances
    • 4.CCP 14.03 (a) (2) & 4: Assaults & family violence
    • 5.CCP 14.03 (a) (3): Protective Order violations, Arrest required when offense committed in officer presence.
    • 6.CCP 14.04 Fleeing Felon
    • 7.CCP 18.16 Preventing consequences of theft
    • 8.CCP 51.13 Fugitives from another state (must be charged with a felony.)
  29. Any peace officer may arrest persons w/o warrant:
    • –Found in suspicious places or circumstances which reasonably show that such persons have been guilty of
    • -Some felony
    • -Disorderly Conduct

    • -Breach of the Peace
    • -Intoxication or other alcoholic related offenses
  30. Family violence
    Reports and records
    • names of the suspect and complainant
    • the date, time and location of the incident
    • visible or reported injuries
    • description of the incident and a statement of the its disposition