BPOC 736, Module B, Chapter 7 - Constitution, Rights, CJ System Flashcards
What is a Writ of Habeas Corpus?
It is an order issued by a court or judge of competent jurisdiction, directed to anyone 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.”
If a condition appears in the Texas Constitution but not in the U.S. Constitution, is it enforceable?
No.
What do the U.S. Constitution and Texas Constitution say about Freedom of Worship?
All men have the right to worship God according to the dictates of their conscience, and no man can be compelled to attend, erect, or support any place of worship or to maintain any ministry against his consent.
What do the U.S. Constitution and Texas Constitution say about Freedom of Speech?
Congress will not make any law prohibiting the freedom of speech
What do the U.S. Constitution and Texas Constitution say about Freedom of the Press?
Congress will not make any law prohibiting the freedom of the press
What do the U.S. Constitution and Texas Constitution say about Freedom of Assembly?
Congress will not make any law prohibiting the freedom to peacefully assemble and to petition the Government for a redress of grievances
What is the Bill of Rights?
The first ten amendments to the U.S. Constitution
What does the Code of Criminal Procedure say about religious beliefs?
No one can be disqualified from testifying in any court in Texas because of his religious opinions, either how he worships God or that he chooses not to worship God.
What right does the Second Amendment protect?
The right to bear arms
What right does the Third Amendment protect?
No soldier may be housed in private homes without consent of the homeowner.
What right is protected by the Fourth Amendment?
Searches and seizures may not be conducted without a warrant, must be supported by probable cause, and the warrant must say exactly what is being sought.
What rights are protected by the Fifth Amendment?
The Fifth Amendment addresses rights relevant to civil and criminal court proceedings. The Fifth Amendment guarantees persons accused of a crime have a right to a grand jury, forbids “double jeopardy,” and protects against self-incrimination. It also requires that “due process of law” be part of any proceeding that denies a citizen “life, liberty or property” and requires the government to compensate citizens when it takes private property for public use.
What rights are protected by the Sixth Amendment?
The Sixth Amendment sets forth the rights of a person accused of a crime which include: indictment by a Grand Jury; speedy, public trial before a jury; to be informed of the charges and witnesses against him and the right to produce witnesses in his behalf; may not be forced to testify against himself; may represent himself or be represented by counsel; if indigent, may have counsel appointed by the court for the initial trial proceedings as well as appellate proceedings.
What rights are protected by the Seventh Amendment?
The Seventh Amendment was established in English common law which distinguished between legal and factual matters. Its major implication was that it prevented the courts from overturning a jury verdict unless a legal premise or rule of evidence was violated during the original trial. It only applies to cases in federal court unless the state constitution has a similar provision. A jury trial allows citizens to have a voice in settling disputes and holding government entities accountable
What rights are protected by the Eighth Amendment?
The Eighth Amendment provides protection to people convicted of crimes against governmental abuse of their rights. It is applied most often to criminal cases; however, the reference to excessive fines can apply to civil cases as well. The “test” appellate courts are supposed to apply to fines is whether the government is imposing “punishment.”
What rights are protected by the Ninth Amendment?
The Ninth Amendment of the US Constitution was written to assure people that just because a right is not specifically referred to in the Constitution does not mean that right is not protected. The amendment was included to ease fears that expressly stating that certain rights are protected might lead to misinterpretation of rights that were not specifically referenced.
What rights are protected by the Tenth Amendment?
The Tenth Amendment delegates all powers not specifically reserved to the United States to the individual States. The Texas Constitution declares its rights as a free and independent State within the United States.
What rights are protected by the Fourteenth Amendment?
Defines citizen, due process, and equal protection; designates number of representatives and qualifications; denies qualification for insurrection or rebellion against U.S.; defines government debt, the term “freemen” and equality under the law.
What is a Bill of Attainder?
It is a way that a legislature takes it upon itself to function as both judge and jury, declaring a person or group of people guilty of a crime and stating the punishment without trial.
What does the Fourteenth Amendment to the U.S. and Texas Constitutions state about Bills of Attainder?
No Bill of Attainder shall be passed.
What is an Ex Post Facto law?
An Ex Post Facto Law criminalizes an act retroactively, allowing people to be prosecuted for acts that were not illegal at the time they did them.
What does the Fourteenth Amendment to the U.S. and Texas Constitutions state about Ex Post Facto laws?
No ex post facto laws shall be passed.
CCP Art. 1.13(a) says a criminal defendant on trial for any felony except a death penalty case has the right to waive a trial by jury upon entering a plea. What conditions do they have to meet to waive a jury trial?
(a) The waiver must be made in writing, in person, in open court; (b) must have the consent and approval of the court entered of record on the minutes of the court; and (c) must have the written approval of the attorney representing the state filed in the papers of the court before the defendant enters a plea.
CCP Art 1.13(b) says the defendant in a capital case in which the D.A. has notified the court and defendant it will not seek the death penalty may waive the right to a jury trial under what conditions?
The waiver must be approved in writing in open court by the attorney representing the State.
CCP Art. 1.13(c) says a defendant not represented by counsel may ask to waive a jury trial under what condition?
Before the defendant can formally agree to waive a jury trial, the court must appoint an attorney to represent him.
According to CCP Art 1.4, when must a defendant make an objection to any defect, error, or irregularity in form or substance in an indictment or information against him?
Before the first day of the trial proceeding against him.
What happens if the defendant fails to object to irregularities or defects in an information or indictment before trial begins?
He may not mention such matters at trial, post-trial, or in subsequent appeals of the matter against him.
CCP Art 1.141 allows a defendant charged with a felony other than a capital offense who is represented by an attorney to waive being charged by indictment. What procedure will replace being charged by indictment?
He will be charged by information.
What is the jurisdiction of a city or municipal police agency?
Within the city or municipality limits
What type of structure are city police agencies?
Paramilitary, chain-of-command structure
What position is the head of the city or municipal department?
Chief
Name the positions beneath the head of a city or municipal department
Assistant Chief, Commander, Captain, Lieutenant, Detective, Sergeant, Officer
Name five roles of city police agencies.
Patrol, calls for service, stop crimes in progress, make traffic stops and issue citations, testify in court
What is the jurisdiction of a county police agency?
The unincorporated area of the county surrounding a city or municipality
What type of structure are county police agencies?
Paramilitary, chain-of-command structure
What position is the head of the county police organization?
Sheriff
Name the positions beneath the head of a county police organization.
Chief Deputy, Captain, Lieutenant, Detective, Sergeant, Deputy Sheriff
Name five roles of county police agencies.
Patrol, courtroom security (Bailiff), transportation of prisoners from jail to court, serve warrants and eviction notices, stopping crimes in progress
What is the jurisdiction of a state police agency?
The state
What type of structure are state police agencies?
Paramilitary, chain-of-command structure
What position is the head of the state police agency?
Director
Name the positions beneath the head of a state police department
Deputy Director, Lieutenant Colonel, Corporal, Major, Captain, Lieutenant, Sergeant, Trooper
Name five roles of state police officers.
High-visibility patrol; deterring, detecting, and interdicting public safety threats on roadways; responding to critical events and conditions on Texas roadways; statewide emergency response and rescue; drug and explosive canine detection; tactical marine patrol, dive, and recovery operations; forensic mapping of crash and crime scenes
What is the jurisdiction of federal law enforcement?
Federal law enforcement includes thousands of full-time officers working within dozens of federal agencies.
What are the two main departments of federal law enforcement?
Department of Justice (DOJ) and the Department of Homeland Security (DHS)
Name the five main agencies under the DOJ.
(1) Federal Bureau of Investigation (FBI), (2) Drug Enforcement Administration (DEA), (3) U.S. Marshals Service, (4) Federal Bureau of Alcohol, Tobacco, and Firearms (ATF), (5) Federal Bureau of Prisons
Name the five main agencies under the DHS.
(1) Transportation Security Administration (TSA), (2) Secret Service, (3), U.S. Customs and Border Protection, (4) Immigration and Customs Enforcement, (5) the U.S. Coast Guard
Name some roles of federal agencies
Provide security for federal buildings and courtrooms, protect elected officials, investigate federal crimes, respond to and investigate terrorism, investigate cyber crimes
What is the jurisdiction of municipal courts?
City or municipal crimes
What types of cases are heard by municipal courts?
Local ordinance violations (Traffic, parking, code); Ensuring due process (minor criminal offenses involving fines only), civil disputes that arise within the city (small claims, contracts, consumer complaints); administering justice (assist individuals to pursue claims in higher level courts); collecting fines and fees; magistrate functions
What is the jurisdiction of the county court system?
Civil Matters (contract and tort matters (civil wrongs)) and lower-level criminal matters
What types of cases do Constitutional County Courts hear?
Original jurisdiction over all criminal cases involving Class A and Class B Misdemeanors, Appellate jurisdiction over cases appealed from the JP and municipal courts (except in counties with county courts at law)
What types of cases do County Courts at Law hear?
Original jurisdiction of all misdemeanors of which exclusive jurisdiction is not given to the justice court and when the fine to be imposed exceeds $500; appellate jurisdiction in criminal cases of which justice courts and other inferior courts have original jurisdiction
What types of cases do Justice Courts hear?
Civil actions of not more than $20,000; small claims; criminal misdemeanors punishable by fine only; magistrate functions
What types of cases do County Courts of Appeals hear?
Intermediate appeals from trial courts in their respective courts of appeals districts
What types of cases do Texas State Courts (“District” Courts) hear?
Original jurisdiction in civil actions over $200, divorce, title to land, and contested elections; original jurisdiction in felony criminal matters; juvenile matters
What type of cases does the Court of Criminal Appeals hear?
Final appellate jurisdiction in criminal cases
What type of cases does the Texas Supreme Court hear?
Final appellate jurisdiction in civil and juvenile cases
What is the role of the Texas County Jails?
Detention facility for misdemeanor offenders and persons accused of crimes who have not yet been convicted in a court of law; first point of entry into the criminal justice system after being arrested by law enforcement
What is the difference between jails and prisons?
Jails hold pre-trial offenders for a brief time before trial and are operated by elected county sheriffs with regulatory oversight from the Texas Commission on Jail Standards; Prisons hold convicted felons and are operated by the Texas Department of Criminal Justice
What are “state” jails?
Hold low-level convicted misdemeanor felons (lo-level drug offenses, property crimes, etc.); also operated by the TDCJ
What is the role of the Texas State Prison system?
Operated by the Texas Department of Criminal Justice (TDCJ) to provide confinement, supervision, rehabilitation, and reintegration of the state’s convicted felons
What are some interesting historical facts about TDCJ?
It is the largest prison system in the U.S.; was the first private prison in the U.S.; Proponents said it would increase quality of care, improve rehabilitation, and reduce recidivism rates; Opponents said that profit incentives may put financial gain above the public interest of safety and rehabilitation
What are probation systems designed to offer convicted felons?
Rehabilitate and reintegrate into society; closely monitored by probation officers; maintain their connections with family and friends; continue working; contribute to society; allows for a more positive outcome for both the offender and society
What is the function of probation?
Provide community supervision and rehabilitation to convicted individuals; enable them to serve their sentences outside the confines of jail; ensure they follow strict conditions; balance the need for public safety to rehabilitate convicted individuals
What are the benefits of probation?
Lower prison population, reducing overcrowding; promotes community involvement; sustains family relationships; provides psychological benefits by preserving social connections and support systems; provides an opportunity for rehabilitation; provides access to mental health services, reducing future psychological difficulties related to incarceration
What are the economic advantages of probation?
Decrease the jail population, freeing up space for more serious offenders; eliminates expensive violation hearings; more cost-effective than incarceration; allows offenders to keep working and support their families; reduces the financial burden as probation fees are generally lower than the costs associated with incarceration
Name the two types of probation.
Straight probation and deferred adjudication probation
What is the difference between straight probation and deferred adjudication probation?
A straight probation conviction remains on the offender’s record;
What are the pros of deferred adjudication?
No conviction on their record following successful completion; may lead to dismissal of the charges against them and an order of nondisclosure; often the result of a plea bargain
What are the cons of deferred adjudication?
Record of a deferred adjudication may still be visible to law enforcement; if the offender violates the terms of probation, the original charges can be brought back, and they will face the maximum sentence for the underlying charges
What are the general conditions of probation?
Travel restrictions; must report to probation officer; must notify the probation officer of any changes in residence or employment; must abstain from committing any new crimes; may not possess a firearm
What are some special conditions of probation?
Attend counseling or treatment programs, such as a Texas probation program; participation in community service; submit to drug testing; pay restitution to victims
What are the duties of a probation officer?
Meeting with probationers; monitor their progress; provide guidance and support to assist them in completing their probationary period; conduct home visits; conduct drug testing; enforce any additional conditions mandated by the court
What is the role of Parole in Texas?
Discretionary release of an offender to serve the remainder of his sentence in the community under supervision; parole is a privilege, not a right; considers a combination of time served and good conduct time credited for participating in work and self-improvement programs; parole pane may impose certain conditions on release; violation of those conditions can lead to sanctions or revocation of parole
Who is responsible for parole decisions in Texas?
The Board of Pardons and Paroles
How often may a convicted criminal have a parole hearing?
Annually except convictions under Section 508.149(a) of the Government Code; those convicted of 2nd or 3rd-degree injury to a child, elderly individual, or disabled individual (may result in a 10-year delay before first parole hearing)
What matters fall under “civil” law?
(a) Laws that deal with personal and property rights of people; (b) the rights of an individual to seek reparations or to prevent a wrong; (c) any action other than a criminal action; (d) a “tort” (divorce, child custody, protective orders, injunctions, debit, personal damages)
What matters fall under “criminal” law?
laws that deal with preventing harm to society (declares what conduct is criminal; prescribes the punishment to be imposed for such conduct; includes the definition of specific offenses and general principles of criminal responsibility; commonly codified into criminal or penal codes (i.e., the Texas Penal Code or the Code of Criminal Procedures); Examples: criminal trespass, murder, assault, theft
What is the appeals jurisdiction of the U.S. Supreme Court?
Appeals from lower federal courts; appeals from state supreme courts in matters involving federal questions of law
What is “Original Jurisdiction”?
(a) The Court’s authority to hear and decide certain cases before they have been heard by any lower court; (b) Established by The Judiciary Act of 1789; Established pursuant to Article III, Section 2 of the U.S. Constitution and further defined by federal law.
What cases does the U.S. Supreme Court have Original Jurisdiction over?
(a) Disputes between two or more states (these cases may only be heard by the U.S. Supreme Court); (b) actions involving ambassadors, other public ministers, consuls, or vice consuls of foreign states; (c) disputes between the United States and a State, (d) proceedings by a state against the citizens of another state or against aliens
Does the U.S. Supreme Court have jurisdiction to alter the scope of its original jurisdiction?
No (1803 Marbury v Madison)
In what situations does the U.S. Supreme Court name Special Masters?
In cases dealing with disputed physical facts or actions (as happens because original jurisdiction cases have not been tried in a lower court), Special Masters gather evidence and testimony, make a ruling, and submit a Special Master Report to the U.S. Supreme Court. The U.S. Supreme Court considers the report like a federal appeals court would. They will either accept the Special Master Report or hear oral arguments over their disagreements with the Report. The Court finally decides the case through a traditional vote.
What is the jurisdiction of the Texas Supreme Court?
Civil appeals from lower courts if the Supreme Court believes the appeal presents a question of law that is important to the jurisprudence of the state (does not include cases in which the jurisdiction of the court of appeals is made final by statute); cases from the court of appeals; cases from a trial court granting or denying an interlocutory or permanent injunction on the ground of the constitutionality of a statute of the state; the Texas Supreme Court has the power to determine matters of fact that are necessary to the proper exercise of its jurisdiction
When may a case determined by the Texas Supreme Court be appealed to the U.S. Court of Appeals?
If the matter involves questions of federal law
What is the jurisdiction of the Texas Court of Criminal Appeals
(a) final appellate and review jurisdiction in criminal cases coextensive with the limits of the state, and its determinations shall be final; (b) the Court of Criminal Appeals may, on its own motion, review any decision of a court of appeals in a criminal case (such review is not a matter of right, but of sound judicial discretion); (c) appeals of death penalty cases shall be heard by the Court of Criminal Appeals
When may a case decided by the Court of Criminal Appeals be appealed to the U.S. Supreme Court?
When the case involves questions of federal law
What is the jurisdiction of the Texas Court of Appeals?
Coextensive jurisdiction with the limits of their respective districts in all criminal cases except those in which the death penalty has been assessed (this article shall not be construed to embrace any case which has been appealed from any inferior court to the county court, county criminal court, or county court at law in which the fine imposed or affirmed by the lower court does not exceed $100 unless the sole issue is the constitutionality of the statute or ordinance on which the conviction is based)
When may a case be appealed from the Texas Court of Appeals to the Texas Supreme Court?
All cases may be appealed to the Texas Supreme Court except those where the defendant has waived the right to appeal
What is the jurisdiction of the Texas District Courts?
(a) Original jurisdiction in criminal cases of the grade of felony, of all misdemeanors involving official misconduct, and of misdemeanor cases transferred to the district court under Article 4.17 of this code; (b) Original Jurisdiction in civil actions over $200, divorce, title to land, and contested elections; (c) juvenile matters
When may cases be appealed from Texas District Courts?
(a) civil cases with a judgment over $250 may be appalled to the Court of Appeals; (b) Criminal cases may appeal to the Court of Appeals; (c) Criminal death penalty cases are appealed directly to the Court of Criminal Appeals
What is the jurisdiction of the Texas County Courts at Law?
Original jurisdiction of all misdemeanors of which exclusive jurisdiction is not given to the justice court and when the fine to be imposed exceeds $500; appellate jurisdiction in criminal cases of which justice courts and other inferior courts have original jurisdiction
When may cases be appealed from the Texas County Courts at Law?
All cases from the Texas County Courts at Law may be appealed to the Court of Appeals; Civil Court of Appeals rulings may be appealed to the Supreme Court; Criminal Court of Appeals rulings may be appealed to the Court of Criminal Appeals
What is the jurisdiction of the Constitutional County Courts?
(a) Original jurisdiction in civil actions between $200 and $20,000; (b) probate, mental health, and guardianship matters; (c) exclusive original jurisdiction over misdemeanors with fines greater than $500 or jail sentences; (d) juvenile matters; appeals de novo from lower courts or on the record from municipal courts of record
When may rulings of the Constitutional County Courts be appealed?
All cases from the Texas Constitutional County Courts may be appealed to the Court of Appeals; Civil Court of Appeals rulings may be appealed to the Supreme Court; Criminal Court of Appeals rulings may be appealed to the Court of Criminal Appeals
What is the jurisdiction of the Statutory County Courts?
All civil, criminal, original and appellate actions prescribed by law for constitutional county courts; jurisdiction over civil matters between $200 and $250,000 (some courts may have higher maximum jurisdiction amounts)
When may matters heard in the Statutory County Courts be appealed?
All cases from the Texas Statutory County Courts may be appealed to the Court of Appeals; Civil Court of Appeals rulings may be appealed to the Supreme Court; Criminal Court of Appeals rulings may be appealed to the Court of Criminal Appeals
What is the jurisdiction of the Statutory Probate Courts?
Limited primarily to probate, mental health, and guardianship matters
Where may rulings of the Statutory Probate Courts be appealed?
(a) heirship orders are final for the purpose of appeal; (b) appointments of an executor or administrator, or the denial of an appointment, may be appealed to the Court of Appeals; (c) admitting a will to probate as valid is immediately appealable if the court made an error; (d) other will-related and trust-related matters may be appealed in the normal course under the Texas Rules of Civil Procedure
What is the jurisdiction of the Justice Courts?
(a) Justices of the Peace shall have original jurisdiction in criminal cases punishable by fine only or punishable by a fine and as authorized by statute, a sanction not consisting of confinement or imprisonment; or arising under Chapter 106, Alcoholic Beverage Code, that do not include confinement as an authorized sanction; (b) civil actions of not more than $20,000; small claims; magistrate functions
How can cases from Justice Courts be appealed?
Appeals begin with a written notice to the Justice Court within 21 days of judgment; appeals go to the County Court if the amount in dispute exceeds $250
What is the jurisdiction of the Municipal Courts?
Criminal misdemeanors punishable by fine only (no confinement); Exclusive original jurisdiction over municipal ordinance criminal cases, Limited civil jurisdiction, Magistrate functions
How are cases appealed from the Municipal Courts?
If found guilty and assessed a fine, file an appeal bond with the Municipal Court Clerk within 10 days of being found guilty at trial; cases are appealed to the Constitutional County Courts
What is the jurisdiction of Small Claims Courts?
Civil disputes between private parties
What is the benefit of using the Small Claims Court?
Non-jury trials (decided by the judge or magistrate); parties offer their own case and evidence and arguments (usually, no attorneys are involved); witnesses and documents are allowed as evidence; rules of procedure are simplified to make the process move more quickly and be accessible to all; corporations may file a case in small claims court as long as they are represented by an officer or employee
What are the requirements to file in Small Claims Court?
Must be 18 years of age or older; may not be a lending institution or bank or collection agency; maximum amount in dispute is $5,000
What can be recovered in Small Claims Court?
Monetary damages (no more than the amount set by the court); the court cannot order people to stop acting a certain way; the court cannot award property or services; the court cannot guarantee that the losing party will pay the judgment
What types of claims can be filed in Small Claims Court?
Matters that involve one party who believes they are owed a sum of money by another party; i.e., loans, breach of contract, property damage caused by trespassing or accidents, landlord/tenant disputes, failure to return a deposit, wrongful eviction (typically, not family law cases, domestic disputes, or alimony claims)
How may a small claims matter be appealed?
Notice of appeal must be filed within 21 days of judgment or 21 days from denial of a new trial; appeals go to the Constitutional County Court; appeals from the Constitutional County Court are filed in the Court of Appeals
Who may serve as a Magistrate?
All criminal court judges, associate judges and attorneys who are appointed by criminal court judges to serve in their courts; Mayors and recorders in municipal courts in unincorporated cities or towns; the county judges; the criminal law hearing officers for Harris and Cameron Counties appointed under Subchapter BB, Chapter 54, Government Code
What are the duties of Magistrates?
To preserve the peace within their 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
What is an Examining Court?
When a magistrate sits for the purpose of inquiring into a criminal accusation against any person
