6. Code of Criminal Procedure Flashcards
CCP 1.02 The Code of Criminal Procedure shall take effect and be in force on and after _____________.
January 1, 1966
CCP 1.03 What is the object of the Code of Criminal Procedure?
- 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; and
- The certain execution of the sentence of the law when declared.
CCP 1.04 No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the ___ ______ of the law of the land.
due course
CCP 1.05 What are the rights of the accused in all criminal prosecutions?
- Speedy trial;
- Impartial jury;
- Nature and cause of the accusation;
- Not be compelled to give evidence against himself;
- Be heard by himself, counsel, or both;
- Confronted with the witnesses against him;
- Have compulsory process obtaining witnesses in his favor;
- Not be held to answer for a felony unless on indictment of a grand jury.
CCP 1.051 A person who is not financially able to employ counsel.
Indigent
CCP 1.051 An appointed counsel is entitled to __ days to prepare for a proceeding.
10
CCP 1.06 The people shall be secure in their _______, ______, ______ and ___________ from all unreasonable seizures or searches.
persons, houses, papers, possessions
CCP 1.07 All persons ____ be bailable unless for capital offenses when the proof is evident.
shall
CCP 1.08 The writ of ______ ______ is a writ of right that shall never be suspended.
habeas corpus
CCP 1.11 If a defendant shall have been acquitted upon trial in a court having __ ____________ of the offense, he may be prosecuted again in a court having jurisdiction.
no jurisdiction
CCP 1.12 The right of trial by jury shall remain _________.
inviolate
CCP 1.13 The defendant in a criminal prosecution for any offense other than a capital felony case in which the state notifies the court and the defendant that it will seek the death penalty shall have the right, upon entering a plea, to _____ the right of trial by jury.
waive
CCP 1.21 Senators and Representatives shall, except in cases of _______, ______ or ______ __ ___ _____, be privileged from arrest during the session of the Legislature.
treason, felony, breach of the peace
CCP 1.23 The style of all writs and process shall be “The State of Texas”. All prosecutions shall be carried on “in the name and by authority of The State of Texas”, and conclude, “against the peace and _______ of the State”.
dignity
CCP 1.24 The proceedings and trials in all courts shall be ______.
public
CCP 1.27 If this Code fails to provide a rule of procedure in any particular state of case which may arise, the rules of the ______ ___ shall be applied and govern.
common law
CCP 2.09 Who are magistrates?
Magistrates Recorders of Incorporated Cities, Justices of the Peace, and Supreme Court Justices.
CCP 2.09 Who are NOT magistrates?
District Attorneys
CCP 2.10 It is the duty of every magistrate to ________ ___ _____ within his jurisdiction.
preserve the peace
CCP 2.11 When the magistrate sits for the purpose of inquiring into a criminal accusation against any person, this is called an _________ _____.
examining court
CCP 2.121 The ________ of the Department of Public Safety may appoint up to ___ railroad peace officers.
director; 250
CCP 2.123 Within counties under ______ population, the chief of police of a municipality or the sheriff of the county, may appoint up to __ peace officers who are commissioned under the Education Code.
200,000; 50
CCP 2.124 Peace officers from adjoining states has the same powers, duties, and immunities as a peace officer of this state who is acting in the discharge of an official duty, but only within ___ ____ of the boundary between this state and the adjoining state.
one mile
CCP 2.125 The ________ of the Department of Public Safety may appoint up to __ special rangers who are employed by the Texas and Southwestern Cattle Raisers Association.
director; 50
CCP 2.126 The tribal council of the _______ _________ Indian Tribe is authorized to employ and commission peace officers for the purpose of enforcing state law within the boundaries of the tribe’s reservation.
Alabama-Coushatta
CCP 2.131 A peace officer may not engage in ______ _________.
racial profiling
CCP 2.133 A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance shall report to the law enforcement agency that employs the officer information relating to the stop, including:
- a physical description;
- initial reason for stop;
- whether search was conducted;
- contraband or other evidence discovered;
- reason for search;
- whether arrest was made
CCP 2.14 Whenever a peace officer meets with resistance in discharging any duty imposed upon him by law, he shall summon _ __________ ______ __ ________ of his county to overcome the resistance,; and all persons summoned are bound to obey.
a sufficient number of citizens
CCP 2.17 Each _______ shall be a conservator of the peace in his county.
sheriff
CCP 2.18 When a prisoner is committed to jail by warrant from a magistrate or court, he shall be placed in jail by the _______.
sheriff
CCP 2.27 As soon as possible after being notified by the department of the report of alleged child abuse, but not later than __ hours after being notified, the peace officer shall accompany the department investigator in initially responding to the report.
24
CCP 3.05 A law enforcement-initiated action based on an individual’s race, ethnicity, or national origin rather than on the individual’s behavior or on information identifying the individual as having engaged in criminal activity.
Racial profiling
CCP 59.01 Income a person accused or convicted of a crime or the person’s representative or assignee receives.
Proceeds
CCP 59.01 The restraint of property by a peace officer, whether the officer restrains the property by physical force or by a display of the officer’s authority, and includes the collection of property or the act of taking possession of property.
Seizure
CCP 59.03 Not later than 72 hours after the seizure of contraband, the peace officer shall:
- place the property under seal;
- remove the property to a place ordered by the court; or
- require a law enforcement agency of the state or a political subdivision to take custody of the property and move it to a proper location.
CCP 59.04 The attorney representing the state shall commence proceedings not later than the ____ day after the date of the seizure.
30th
CCP 4.01 What courts have criminal jurisdiction?
- The Court of Criminal Appeals;
- Courts of appeals;
- District courts;
- Criminal district courts
- County court;
- County criminal courts;
- Justice courts;
- Municipal courts
CCP 4.03 The Court of Appeals shall have _________ jurisdiction coextensive with the limits of their respective districts in all criminal cases except those in which the death penalty has been assessed.
appellate
CCP 4.04 The appeal of all cases in which the death penalty has been assessed shall be to the _____ __ ________ _______.
Court of Criminal Appeals
CCP 4.04 Discretionary review by the _____ __ ________ _______ is not a matter of right, but of sound judicial discretion.
Court of Criminal Appeals
CCP 4.05 ________ ______ and ________ ________ ______ shall have original jurisdiction in criminal cases of the grade of felony, of all misdemeanors involving official misconduct.
District courts; criminal district courts
CCP 4.07 The ______ ______ shall have original jurisdiction of all misdemeanors of which exclusive original jurisdiction is not given to the justice court, and when a fine to be imposed shall exceed five hundred dollars.
county courts
CCP 4.11 _______ __ ___ _____ shall have original jurisdiction in criminal cases punishable by fine only.
Justice of the peace
CCP 4.13 A _______ __ ___ _____ shall have the power to take forfeiture of all bonds given for the appearance of any party at his court, regardless of the amount.
Justice of the peace
CCP 5.02 An act by a member of a family or household against another member of the family or household that is intended to result in or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault.
Family violence
CCP 5.02 A unit composed of persons living together in the same dwelling, without regard to whether they are related to each other.
Household
CCP 5.02 Includes a person who previously lived in a household.
Member of a Household
CCP 5.04 The primary duties of a peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence include:
- protect any potential victims;
- enforce the law of this state;
- enforce a protective order from another jurisdiction; and
- make lawful arrests of violators
