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2011-08-25 15:06:05
Lt Testing

Criminal Code of Procedure
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  1. OBJECTS OF THIS CODE. 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. It seeks:
    • 1. preventing the commission of crime;
    • 2. To exclude the offender from all hope of escape;
    • 3. To insure a trial with as little delay as is consistent with the ends of justice;
    • 4. To bring to the investigation of each offense on the trial all the evidence tending to produce conviction or acquittal;
    • 5. To insure a fair and impartial trial; and
    • 6. The certain execution of the sentence of the law when declared.
  2. ********. No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.
  3. ******. All prisoners shall be bailable unless for capital offenses when the proof is evident. This provision shall not be so construed as to prevent bail after indictment found upon examination of the evidence, in such manner as may be prescribed by law.
  4. The writ of *** *** is a writ of right and shall never be suspended.
    habeas corpus
  5. CRUELTY FORBIDDEN. Excessive***shall not be required, nor excessive *** imposed, nor cruel or unusual punishment inflicted.
    • bail
    • fines
  6. *****. No person for the same offense shall be twice put in jeopardy of life or liberty; nor shall a person be again put upon trial for the same offense, after a verdict of not guilty in a court of competent jurisdiction.
  7. The right of trial by jury shall remain *****.
  8. WAIVER OF TRIAL BY JURY. (a) The defendant in a criminal prosecution for any offense other than a *** *** case in which the State notifies the court and the defendant that it will seek the *** *** shall have the right, upon entering a plea, to waive the right of trial by jury, conditioned, however, that such waiver must be made in person by the defendant in writing in open court with the consent and approval of the court, and the attorney representing the State.
    • capital felony
    • death penalty
  9. ***** *****. No citizen shall be outlawed, nor shall any person be transported out of the State for any offense committed within the same.
  10. No person shall be convicted of treason except on the testimony of ** **** to the same overt act, or on confession in open court.
    two witnesses
  11. It is the duty of every ***** to preserve the peace within his jurisdiction by the use of all lawful means; to issue all process 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.
  12. It is the duty of every **** to preserve the peace within the officer's jurisdiction. To effect this purpose, the officer shall use all lawful means.(b) The officer shall:(1) in every case authorized by the provisions of this Code, interfere without warrant to prevent or suppress crime;(2) execute all lawful process issued to the officer by any magistrate or court;(3) 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(4) 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.
    peace officer
  13. Whenever a peace officer meets with resistance in discharging any duty imposed upon him by law, he shall ******************** to overcome the resistance; and all persons summoned are bound to obey.
    summon a sufficient number of citizens of his county
  14. ************. If any sheriff or other officer shall wilfully refuse or fail from neglect to execute any summons, subpoena or attachment for a witness, or any other legal process which it is made his duty by law to execute, he shall be liable to a fine for contempt not less than ten nor more than two hundred dollars, at the discretion of the court. The payment of such fine shall be enforced in the same manner as fines for contempt in civil cases.
  15. Each ***** shall be a conservator of the peace in his county, and shall arrest all offenders against the laws of the State, in his view or hearing, and take them before the proper court for examination or trial. He shall quell and suppress all assaults and batteries, affrays, insurrections and unlawful assemblies. He shall apprehend and commit to jail all offenders, until an examination or trial can be had.
  16. When a prisoner is committed to jail by warrant from a magistrate or court, he shall be placed in jail by the ****. It is a violation of duty on the part of any**** to permit a defendant so committed to remain out of jail, except that he may, when a defendant is committed for want of bail, or when he arrests in a bailable case, give the person arrested a reasonable time to procure bail; but he shall so guard the accused as to prevent escape
    • sheriff
    • sheriff
  17. On the***day of each month, the sheriff shall give notice, in writing, to the**** or *****, where there be one, as to all prisoners in his custody, naming them, and of the authority under which he detains them.
    • first
    • district or county attorney
  18. Within ** days of the day the court clerk issues the warrant, the sheriff shall report to the national crime information center each warrant or capias issued for a defendant charged with an offense other than a Class C misdemeanor who fails to appear in court when summoned.
  19. Wherever a duty is imposed by this Code upon the sheriff, the same duty may lawfully be performed by his ****
  20. It is an order issued by a court or judge of competent jurisdiction, directed to any one having a person in his custody, or under his restraint, commanding him to produce such person, at a time and place named in the writ, and show why he is held in custody or under restraint.
    Writ of Habeas Corpus
  21. Whereby one person exercises a control over the person of another, and detains him within certain limits
    Constructive custody
  22. Tthe kind of control which one person exercises over another, not to confine him within certain limits, but to subject him to the general authority and power of the person claiming such right
  23. When a prisoner confined in jail, or who is in legal custody, shall die, the officer having charge of him shall forthwith report the same to a ******* of the county, who shall hold an inquest to ascertain the cause of his death.
    justice of the peace
  24. Any ***, ***or other officer who has a prisoner in his custody and refuses, upon demand, to furnish a copy of the process under which he holds the person, is guilty of an offense, and shall be dealt with as provided in Article 11.34 of this Code for refusal to return the writ therein required.
    jailer, sheriff
  25. A peace officer or any other person, may, without a warrant, arrest an offender when the offense is committed in his **** or within his ***, if the offense is one classed as a**** or as an offense against the *** *** .(b) A ****** may arrest an offender without a warrant for any offense committed in his presence or within his view.
    • presence / view / felony/ public peace
    • peace officer
  26. A peace officer may arrest, without warrant, when a felony or breach of the peace has been committed in the presence or within the view of a *****, and such ***** verbally orders the arrest of the offender.
  27. Any ***** may arrest, without warrant:(1) persons found in suspicious places and under circumstances which reasonably show that such persons have been guilty of some felony, violation of Title 9, Chapter 42, Penal Code, breach of the peace, or offense under Section 49.02, Penal Code, or threaten, or are about to commit some offense against the laws
    peace officer
  28. PUBLIC INTOXICATION. (a) In lieu of arresting an individual who is not a child the officer believes detention in a penal facility is unnecessary for the protection of the individual or others; and(2) the individual:(A)
    • is released to the care of an adult who agrees to assume responsibility for the individual; or
    • (B) verbally consents to voluntary treatment for chemical dependency in a program in a treatment facility licensed and approved by the Texas Commission on Alcohol and Drug Abuse, and the program admits the individual for treatment
  29. Where it is shown by satisfactory proof to a peace officer, upon the representation of a credible person, that a ****has been committed, and that the offender is about to escape, so that there is no time to procure a warrant, such peace officer may, without warrant, pursue and arrest the accused.
  30. An officer making an arrest without a warrant may not enter a residence to make the arrest unless:
    • (1) a person who resides in the residence consents to the entry; or
    • (2) exigent circumstances require that the officer making the arrest enter the residence without the consent of a resident or without a warrant.
  31. The person making the arrest or the person having custody of the person arrested shall take the person arrested or have him taken without unnecessary delay, but not later than ** hours after the person is arrested, before the magistrate who may have ordered the arrest, before some magistrate of the county where the arrest was made without an order, or, to provide more expeditiously to the person arrested the warnings described by Article 15.17 of this Code, before a magistrate in any other county of this state. The magistrate shall immediately perform the duties described in Article 15.17 of this Code.
  32. A "******" is an order signed by the proper magistrate directing a sheriff to receive and place in jail the person so committed.
  33. Every **** shall keep safely a person committed to his custody. He shall use no cruel or unusual means to secure this end, but shall adopt all necessary measures to prevent the escape of a prisoner. He may summon a guard of sufficient number, in case it becomes necessary to prevent an escape from jail, or the rescue of a prisoner.
  34. Not later than **hours after receiving credible information that may establish reasonable cause to believe that a defendant committed to the sheriff's custody has a mental illness or is a person with mental retardation, including observation of the defendant's behavior immediately before, during, and after the defendant's arrest and the results of any previous assessment of the defendant, the sheriff shall provide written or electronic notice of the information to the magistrate
  35. An "*****" is the written statement of a grand jury accusing a person therein named of some act or omission which, by law, is declared to be an offense.
  36. An "*****" is a written statement filed and presented in behalf of the State by the district or county attorney, charging the defendant with an offense which may by law be so prosecuted
  37. A person who is indicted for or who waives indictment for an offense under Section 21.02, 21.11(a)(1), 22.011, or 22.021, Penal Code, shall, at the direction of the court on the court's own motion or on the request of the victim of the alleged offense, undergo a test for human immunodeficiency virus (HIV) infection and other sexually transmitted diseases. If the person refuses to submit voluntarily to the test, the court shall require the person to****to the test. On request of the victim of the alleged offense, the court shall order the defendant to undergo the test not later than ** hours after an indictment for the offense is presented against the defendant or the defendant waives indictment
    • submit
    • 48
  38. A "****" is a writ that is:(1) issued by a judge of the court having jurisdiction of a case after commitment or bail and before trial, or by a clerk at the direction of the judge; and(2) directed "To any peace officer of the State of Texas", commanding the officer to arrest a person accused of an offense and bring the arrested person before that court immediately or on a day or at a term stated in the writ
  39. In cases of arrest for **** in the county where the prosecution is pending, during a term of court, the officer making the arrest may take bail as provided in Article 17.21
  40. In cases of arrest for felony less than ****, made during vacation or made in another county than the one in which the prosecution is pending, the sheriff may take bail; in such cases the amount of the bail bond shall be the same as is endorsed upon the capias; and if no amount be endorsed on the capias, the sheriff shall require a *** **** of bail.
    • capital
    • reasonable amount
  41. A capias may be executed by any ******. In felony cases, the defendant must be delivered **** to the sheriff of the county where the arrest is made together, with the writ under which he was taken
    • peace officer
    • immediately
  42. Any officer making an arrest under a capias in a ***** may in term time or vacation take a bail bond of the defendant
  43. A *****is the written declaration of the court signed by the trial judge and entered of record showing the conviction or acquittal of the defendant