BPOC TEST #2 Flashcards
(141 cards)
1
Q
Means a bodily movement, voluntary or involuntary, and includes speech
A
Act
2
Q
A person whose criminal responsibility is in a issue in a criminal action.
A
Actor
3
Q
Includes authority, board, bureau, commission, committee, council, etc.
A
Agency
4
Q
Any beverage containing more than half of 1% of all alcohol by volume capable of use of any beverage.
A
Alcoholic beverage
5
Q
A person other than the actor
A
Another
6
Q
2 or more persons having a join or common economic interest.
A government, government subdivision, agency, trust, partnership.
A
Association
7
Q
Anything reasonable regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interest.
A
Benefit
8
Q
Physical pain, illness, any impairment of physical condition.
A
Bodily injury
9
Q
A facility owned, leased, or operated by the state, or by a vendor
A
Civil Commitment Facility
10
Q
A threat, to commit an offense, to inflict B.I
A
Coercion
11
Q
An act or omission and its accompanying mental state
A
Conduct
12
Q
Assent in fact, whether express or apparent
A
Consent
13
Q
A substance including a drug, adulterant, dilatation. This term includes aggregate weight of any mixture, solution, or other contained substance.
A
Controlled Substance
14
Q
Nonprofit, professional association created pursuant to statue and joint stock companies.
A
Corporation
15
Q
A place designated by law for the confinement of a person arrested for, charged with or convicted of a criminal offense.
A
Correctional Facility
16
Q
Lowest charge and less guilty mind. He OUGHT to be aware.
A
Criminal Negligence
17
Q
A device or a drug that is unsafe for self-medication. A cautioned labeled prescription device. Not controlled by the DEA.
A
Dangerous drug
18
Q
A firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or SBI.
A
Deadly weapon
19
Q
Substance, other than a device or component, that is recognized by U.S pharmacopeia.
A
Drug
20
Q
Consent by a person legally authorized to act for the owner.
A
Effective consent
21
Q
A facility that generates electric energy for distribution to the public.
A
Electric Generating Plant
22
Q
Facility used to switch or change voltage in connection with the transmission of electric energy for distribution of the public.
A
Electric Utility Substation
23
Q
- Forbidden consent
- Required culpability
- Any required result, and
- The negation of any exception of the offense
A
Element of Offense
24
Q
An offense so designated by law or punishable by death or confinement in a penitentiary.
A
Felony
25
State, County, municipality, or political subdivision of the state.
Government
26
Anything reasonably regarded as loss, disadvantage, or injury.
Harm
27
A human being who is alive, including an unborn child at every stage or gestation from fertilization until birth.
Individual
28
Respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.
Intentionally
29
He is aware of the nature of his conduct
Knowing
30
The constitution or a statue or U.S, written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statue.
Law
31
An offense so designated by law or punishable by fine, by confinement in jail OR by both, and confinement in jail.
Misdemeanor
32
Includes affirmative
| Example: When a person takes a vow
Oath
33
Any type of administrative, executive, legislative, or judicial proceeding that may be conducted before a public servant.
Official Proceeding
34
Failure to act
Omission
35
A person who has title to the property, possession of the property, whether lawful or not
Owner
36
A person elected employed or appointed as a P.O
Peace Officer
37
A written or electronic instruction to pay money that is authorized by the person giving the instruction that is payable on demand
Sight Order
38
A place designated by law for confinement of a persons arrested for charged with or convicted of an offense
Penal Institution
39
An individual or a corporation, association limited liability company, or other entity or organization governed by the Business organization code.
Person
40
Any place to which the public or a substantial group of the public has access, but not limited to, streets, highways, and common areas.
Public Place
41
A person elected, selected, appointed, employed.
Public servant
42
A belief that would be held by an ordinary and prudent man in the same circumstances as the actor.
Reasonable belief
43
When he is aware of but consciously disregards.
Reckless
44
Includes regulation
Rules
45
A municipal or county jail, a confinement facility operated by or under a contract with any division of the Tx Department of Criminal Justice.
Secure Correctional Facility
46
Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement.
Serious bodily injury
47
Includes affirm
Swear
48
Criminal, tortuous or both.
| Includes what would be criminal or tortuous but for a defense not amounting to justification or privilege.
Unlawful
49
An individual who is an unborn child. The failure to be born alive.
Death
50
A person attains a specified age on the day of the anniversary of his birth date.
Computation of age
51
1. Omission
2. Possession
3. Act
What are 3 ways to commit a crime?
52
He voluntary engages in conduct, including an act, an omission, or possession.
Possession is a voluntary act if the possessor knowing obtains or receives the thing possessed or is aware of his control of the thing for a sufficient time.
Requirement of voluntary act or omission
53
An affirmative defense to prosecution that, at the time of the conduct charge, the actor, as a result of serve mental disease of defect, did not know that his conduct was wrong.
Insanity
54
May not be prosecuted for or convicted of any offense that person committed when younger than 15 years old.
Except: Perjury and aggravated perjury, violation of motor vehicle traffic ordinance.
Age Affecting Criminal Responsibility
55
State must prove defendant's guilt at trail
Defendant does not need prove anything and is not required to offer any proof at all
Proof Beyond a Reasonable Doubt
56
Is greater than preponderance but
LESS
than beyond a reasonable doubt.
Clear and convincing evidence
57
Is to grade offenses and to give fair warning of what is prohibited and the consequences of the violation.
Objectives in Penal Code
58
- Safeguard conduct that is without guilt from condemnation as criminal
- Limit the exercise of official discretion in law enforcement
- Prevent arbitrary or oppressive treatment of persons suspected, accused, were convicted of offense
- It defined the scope of state interests in law enforcement against offense and to systematize the exercise of the state criminal jurisdiction
The Penal Code has the objectives that do what?
59
A person is criminally responsible if the result would not occurred but for his conduct, operating either alone or concurrently with another cause, unless the concurrent cause was clearly sufficient to produce the result and the conduct of the actor clearly insufficient.
P.C 6.04 Causation: Conduct and Results
60
Is submitted to the jury, the court shall change that the defendant must prove the affirmative defense by a preponderance of evidence.
P.C 2.04 Affirmative Defense
61
The prosecuting attorney must negate existence of exception in the accusation charging commission of the offense and prove beyond a reasonable doubt that the defendant or defendant's conduct does not fall within the exception.
P.C 2.02 Exception
62
Compelled to do so by a threat
Duress
63
- Propose of preventing harm to society
- Declares what conduct is criminal
- Prescribes the punishment to be imposed for such conduct
Criminal Law
64
Court disposition increase ______?
Correctional populations
65
It is the duty of every P.O to preserve peace within the officer's jurisdiction and shall use all lawful means
CCP 2.13 Duties and Powers
66
Anyone of the various legally recognized private injuries or wrongs is known as?
Tort
67
Criminal Hearing Officers
Mayors
Recorders
Judges of municipal courts of incorporated towns and cities
Are what?
Magistrates
| District attorneys are not magistrates
68
Warrants must be support by?
Reasonable facts to justify the action requested specific identification of places to be searched as well as persons or things to be seized.
No one may conduct an unreasonable search or seizure of a citizen.
- Person
- House
- Papers
- Effect
69
What are 3 effects of criminal justice component interaction?
1. Increased arrests causes includes in court dockets.
2. Court dispositions increase correctional populations.
3. Correctional releases (parole and time complete) often impacts police functions if correctional system fails.
70
_____ defines the personal and property rights of individuals.
Civil laws
71
Tort
- Any of various, legally recognized
- Private injuries or wrong
- Damage
72
Right to due process
It describes legal procedures to which a citizen is entitled through provisions of the Constitution and its Amendments.
73
Citizens are protected from?
- Laws pronouncing a specific person guilty of alleged crime
- Without a regular court trail
- Sentencing him to death
- Seizing his estate
- Punishment for actions that are late made illegal
74
The defendant in a criminal prosecution for any offense may waive rights secured him by law except that a defendant in a capital felony case may waive the right of trail by jury only in the manner permitted.
CCP 1.14 Waiving Rights at trail
75
What does law enforcement consist of?
City
County
State
Federal
76
If an officer enforces city ordinances and laws, then the officers works for the ____?
City
77
If an officer patrols and an unincorporated area and enforces the law, then the officer works for the ____?
County
78
If an officer patrols states, county, and United States highways, then the officer works for the ____?
State
79
Bank robbers, federal land, counterfeit money, patrolling the border and customs, then these officers are _____?
Federal
80
CCP 1.05 Rights of Accused
The accused shall have speedy public trail by an impartial jury, shall have the right to demand the nature and cause the accusation against him, and to have a copy thereof.
He shall not be compelled to give evidence against him.
He shall have the right of being heard by himself, or counsel, or both; shall be confronted with witnesses against him; and shall have compulsory process for obtaining witness in his favor.
81
CCP 2.10 Duty of magistrates
1. Preserve the peace within his jurisdiction by the use of all lawful means.
2. Issue all process intended to aid in preventing and suppressing crime.
3. Cause the arrest of offenders by the use of lawful means in order that they may be brought to punishments.
82
Portions of the laws which defines the personal and property rights of the individual is what type of law?
Civil
83
What are court jurisdiction (Civil)
```
U.S Supreme Court
Tx Supreme Court
Courts of Appeals
District Courts
County Court at Law
Jurisdiction of Justice Courts
Small claims court
Juvenile court
```
84
What are court jurisdictions (criminal)?
```
U.S Supreme Court
Court of Criminal Appeal
Court of Appeals
County Court at Law
District Courts
Jurisdiction of Justice Courts
Jurisdiction of Municipal Courts
```
85
Law Enforcement Agency means what?
An agency of the State, or of a county, municipality, or other political subdivision of the state, the employs P.O, who make motor vehicle stops in the routine performance of the office's official duties.
86
Temporary Detention Options
- Detains individuals for a reasonable period of time to satisfactorily account for his activity
- Interview (no Miranda is required)
- Make reasonable investigate inquires, request identity reason for being in area, explanation of suspicious conduct
- Seek consent for Pat down or search
- Transport detainee to possible crime scene
87
The court of criminal appeal does not what?
Review decisions of civil cases
88
CCP 1.14 Waiving rights at trail
The defendant in a criminal prosecution for any offense may waive any rights secured him by law EXCEPT that a defendant in a capital felony case may waive the rights of trail by jury.
89
What are citizens protected from?
Laws pronouncing a specific person guilty of an alleged crime (usually treason) without a regular court trail, sentencing him to death, and seizing his estate (bills of attainder)
Punishment for actions that are later made illegal (ex post facto law)
90
When the magistrate sits for the purpose of inquiring into a criminal accusation against any person?
CCP 2.11 Examining Court
91
A law enforcement officer intimated action based solely on an individual's race, ethnicity, and/or national origin, rather than on the individual's behavior.
92
CCP 2.131 Racial Profiling Prohibited
A Police Officer may not engage in racial profiling
93
The officer stops the vehicle due to an equipment violation but really wants to investigate other, more serious criminal activity.
Pretext stop
94
If an officer makes an arrest as a result of the stop or search, the statement for arrest needs to based upon what?
1. Violation of Penal Code
2. Violation of a traffic law
3. Outstanding warrant
4. Statement of the offense charged
95
CCP 2.132 Law Enforcement on racial profiling
A P.O who stops a motor vehicle for an alleged violation of law or ordinance has to include what?
1. Race/ethnicity
2. Whether search was conducted, if so, was the person detained?
3. Whether P.O knew race/ethnicity of individual before detaining?
4. Whether P.O used physical force that resulted in B.I
5. Location for stop and
6. Reason for stop
96
Punishment for actions that later made illegal is knowing as?
Ex Post Facto Law
97
Theories to a stop is what?
1. Traffic violations
2. Pretext stop
3. Community Care taking
4. Citizen calls
5. Roadblocks/checkpoints
98
Laws pronouncing a specific person guilty of an alleged crime treason without regular court trail sentencing the person to death and seizing property is known as what?
No bills of attainder
99
Sufficient to justify brief stop and detention but not enough to justify a full search. Articulate or explainable facts that criminal activity is occurring. (cannot be search or arrest)
Reasonable suspicious
100
CCP 1.06 Deals with what?
Search and seizures
101
The right to the officer to search the immediate area of control in a search incident to arrest was affirmed in ____?
Chimel vs. Cali
102
The reason for the search, an officer conducted should include?
- Contraband or evidence in plain view
- PC or Reasonable suspicion existing to perform the search
- The search was performed as a result of the towing of the motor vehicle or the arrest of any person in the motor vehicle
103
An occasion in which a P.O stops a motor vehicle for an alleged violation of a law or ordinance
Motor vehicle stop
104
Arrest is based on?
Probable cause
105
What are examples of legal ethical, and moral responsibilities against racial profiling?
1. Declaration of Independence
2. 4th Amendment
3. U.S Constitution Preamble
4. Pledge of Allegiance
5. Tx Constitution
6. Holy Bible
106
The writ of habeas corpus shall not be suspended unless?
-Rebellion
and
-Invasion
107
When an officer makes a stop, the officer needs what?
The street address or approximate location of the stop
108
A reason reimbursement for any property ceased for public use is known as?
Eminent domain
109
What are valid searches and seizures without a warrant?
1. Search Incident to Arrest
2. Consent searches
3. Border searches
4. Open fields
5. Plain view/Plain feel
6. Exigent circumstances
7. Inventory searches
8. Automobile exception
110
The ______ amendment limits the level of force that may be used to reasonable force?
4th Amendment
111
Which court cases affirmed a person's right to free speech?
Duran vs. City of Douglas
112
The poisonous tree doctrine, which displays the notion that evidence obtained after illegal government action will be excluded from evidence, was affirmed in _____?
Wong vs. United State
113
______ was a case about police who have a valid (reasonable suspicion) to make a traffic stop (probable cause) for a traffic violation to occurred?
Whren vs. United States (4th Amendment)
114
What case law is this?.....
- Stopped investigatory detention
- Simple/limited frisk/search
- Patting down clothing for own protection looking for weapons
- If reasonable suspicion
115
In Carrol vs. United States, the supreme court upheld an officer's right to search a vehicle's truck when the officer's have _____?
Probable cause (4th Amendment)
116
Presumption that a state is involuntary if made during a custodial interrogation with the "Miranda warning".
Miranda vs. Arizona (5th Amendment)
117
No specific wording for Miranda
Florida vs. Powell (5th Amendment)
118
What case law dealt that officers cannot be offended by expletives and obscene hand gestures?
Duran vs. City of Douglas (1st Amendment)
119
Law Enforcement agency means what?
An agency of the State, or of a county, municipality, or other political subdivision of the State, that employs P.O, who make motor vehicle stops in the routine performance of the office's official duties.
120
Temporary Detention Options means what?
- Detain individuals for a reasonable period of time to satisfactorily account for his activity
- Interview (No Miranda is required)
- Make reasonable investigate inquires, request identity reason for being in area, explanation of suspicious conduct
- Seek consent for pat down or search
- Transport detainee to possible crime search
121
The court of criminal appeal does NOT?
Review decisions of civil cases
122
Right to due process means what?
- Describes legal procedures to which a citizen is entitled through provisions of the Constitution and its Amendments.
- A requirement that legal matters be resolved according to established rules and principles, and that individuals be treated fairly.
123
The defendant in a criminal prosecution for any offense may waive any rights secured him by law EXCEPT that a defendant in a capital felony case may waive the rights of trail by jury. This is what?
CCP 1.14 Waiving right at trail
124
Citizens are protected from?
- Laws pronouncing a specific person guilty of an alleged crime (usually treason) without a regular court trail, sentencing him to death, and seizing his estate (bills of attainer)
- Punishment for actions that are later made illegal (EX post facto law)
125
When the magistrate sits for the purpose of inquiring into a criminal accusation against any person is what?
CCP 2.11 Examining Court
126
What case law is this?
Law Enforcement pursing a flee suspect may not use deadly force to prevent escape unless thee officer has probable cause to believe that the suspect poses a significant threat of death or serious bodily injury to the officer and others.
Tennessee vs. Garner
(4th Amendment)
Use of force
127
What case law deals with Objective reasonableness?
Graham vs. Connor (14th Amendment)
128
____ courts shall have original jurisdiction of all misdemeanors of which exclusive original jurisdiction is NOT given to the justice courts, and when the fine to be imposes exceed $500?
County
129
Prohibition on unreasonable searches and seizures is not violated when Peace Officer stops suspect on street and frisks him/her without probable cause.
If Peace Officer has reasonable suspicion that person has committed, is committing, or is about to commit a crime and has reasonable belief that person "may be armed presently dangerous"
What case law is this?
Terry Vs. Ohio (1968)
130
- Motor vehicle search exemption
- Traffic violation acceptable as pretext for further investigation
- Selective enforcement can be challenged
-Any traffic offense committed by a driver is legitimate legal basis for a traffic stop. A concern with this holding is that police may controversially racial profile through traffic stop.
Whren Vs. United States (traffic offense)
131
Have to have Probable Cause from the beginning; after the fact (fruit of poisons' tree) unspecified information; good faith
Beck vs. Ohio (4th Amendment)
132
Unreasonable and illegal seizure
(he did not know he was free to leave)
Consensual encounters
Florida vs. Royer 1983
| 4th Amendment
133
Creditable person, felony committed, offender about to escape=exigent circumstances
Peace Officer can arrest offender without a warrant
Frye vs. State (1982) 4th Amendment
134
No search warrant but arrest warrant and felony arrest plus Plainview (ONLY)=admissible
Payton vs. New York (4th & 14 Amendment)
135
Class C Misdemeanor (Value ladder)
< $100
136
Class B Misdemeanor (Value ladder)
$100- < $750
137
Class A Misdemeanor (Value Ladder)
$750 - < $2,500
138
State Jail Felony (Value Ladder)
$2,500-
139
3rd Degree Felony (Value Ladder)
$30,000-
140
2nd Degree Felony (Value Ladder)
$150,000-
141
1st Degree Felony (Value Ladder)
$300,000 +
