CCP - Quiz, 05.13.19

Question 1

Art. 1.01. SHORT TITLE.

This Act shall be known, and may be cited, as the __________.

Answer 1

Code of Criminal Procedure

Question 2

Art. 1.02. EFFECTIVE DATE.

This Code shall take effect and be in force on and after _______________ .

Answer 2

January 1, 1966.

Question 3

Art. 1.03. OBJECTS OF THIS CODE.

Which of the following is NOT an object sought by this code?

a) To adopt measures for preventing the commission of crime;
b) To insure a fair and impartial trial;
c) To ensure the State takes as long as they need or ant to prosecute all cases
d) To exclude the offender from all hope of escape

Answer 3

c) To ensure the State takes as long as they need or ant to prosecute all cases

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. To adopt measures for 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.

Question 4

Art. 1.04. DUE COURSE OF LAW.

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.

Answer 4

due course

Question 5

Art. 1.05. RIGHTS OF ACCUSED.

In all criminal prosecutions the accused shall have a ________ by an _____ jury.

Answer 5

speedy public trial

impartial jury

Question 6

Art. 1.05. RIGHTS OF ACCUSED.

No person shall be held to answer for a felony unless on indictment of a _____

Answer 6

grand jury

Question 7

Art. 1.05. RIGHTS OF ACCUSED.

He shall have the right to demand the _____ and __________ of the accusation against him, and to have a copy thereof.

Answer 7

nature

cause

Question 8

Art. 1.051. RIGHT TO REPRESENTATION BY COUNSEL.

__________ is defined as a person indicted or complained of who is without funds or ability to hire a lawyer to defend him and who, is most instances, is entitled to an appointed counsel, consistent with protection of the 6th and 14th Amendements to the U.S. Constitution.

Answer 8

indigent

(b) For the purposes of this article and Articles 26.04 and 26.05 of this code, “indigent” means a person who is not financially able to employ counsel.

Question 9

Art. 1.06. SEARCHES AND SEIZURES.

The people shall be secure in their ________, ________, and __________and possessions from all unreasonable seizures or searches. No warrant to search any place or to seize any person or thing shall issue without describing them as near as may be, nor without _____________ supported by oath or affirmation.

Answer 9

persons, houses, papers

probable cause

Question 10

Art. 1.07. RIGHT TO BAIL.

All prisoners shall be bailable unless _________________________.

Answer 10

for capital offenses when the proof is evident.

Question 11

Art. 1.08. HABEAS CORPUS.

The writ of habeas corpus is a writ of right and shall never be suspended.

Habeas Corpus is Latin for

Answer 11

You have the body

Question 12

Art. 1.09. CRUELTY FORBIDDEN.

Excessive _______ shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted.

Answer 12

bail

Question 13

Art. 1.10. JEOPARDY.

No person for the ______ 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.

Answer 13

same offense

Question 14

Art. 1.11. ACQUITTAL A BAR.

An acquittal of the defendant exempts him from a second trial or a second prosecution for the same offense, however irregular the proceedings may have been; but if the defendant shall have been acquitted upon trial in a court having no jurisdiction of the offense, he may be prosecuted again in a court ____________.

Answer 14

having jurisdiction

Question 15

Art. 1.12. RIGHT TO JURY.

The right of trial by jury shall remain _____________.

Answer 15

inviolate

Question 16

Art. 1.13. WAIVER OF TRIAL BY JURY.

(a) 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 waive the right of trial by jury, conditioned, however, that, except as provided by Article 27.19, the waiver must be made in person by the defendant in writing in open court with the consent and approval of the court, and __________________ .

Answer 16

the attorney representing the state AND the court

3 parties have to agree to the waiver:

1. defendant
2. court / judge
3. prosecutor

Question 17

Art. 1.14. WAIVER OF RIGHTS.

(b) If the defendant does not object to a defect, error, or irregularity of form or substance in an indictment or information before the date on which the trial on the merits commences, he __________ the right to object to the defect, error, or irregularity and he may not raise the objection on appeal or in any other postconviction proceeding.

Answer 17

waives and forfeits

Question 18

Art. 1.141. WAIVER OF INDICTMENT FOR NONCAPITAL FELONY.

_______ is a formal accusation, drawn up and submitted to a grand jury by the public prosecuting attorney, chargin one or more persons with a crime.

Answer 18

Indictment

CCP, Chapter 21. INDICTMENT AND INFORMATION

Art. 21.01. “INDICTMENT”. An “indictment” 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.

Question 19

Art. 1.15. JURY IN FELONY.

…. be necessary for the state to introduce evidence into the record showing the guilt of the defendant and said evidence shall be accepted by the court as the basis for its judgment and in no event shall a person charged be convicted upon his plea without____________ to support the same…

Answer 19

sufficient evidence

Question 20

Art. 1.16. LIBERTY OF SPEECH AND PRESS.

Liberty of Press - The right to publish and circulate one’s views, as guaranteed to by ____ Amendement.

Answer 20

First Amendment

Freedom of the press in the United States is legally protected by the First Amendment to the United States Constitution. This amendment is generally understood to prevent the government from interfering with the distribution of information and opinions.

Nevertheless, freedom of the press In the United States is subject to certain restrictions, such as defamation law, a lack of protection for whistleblowers, barriers to information access and constraints caused by public hostility to journalists.

Question 21

Art. 1.17. RELIGIOUS BELIEF.

… all oaths or affirmations shall be administered _____________________.

Answer 21

in the mode most binding upon the conscience

Question 22

Art. 1.18. OUTLAWRY AND TRANSPORTATION.

No citizen shall be outlawed, nor shall any person be transported out of the State for any offense committed within the same.

TRUE or FALSE

Answer 22

TRUE

Question 23

Art. 1.21. PRIVILEGE OF LEGISLATORS.

Senators and Representatives shall, except in cases of treason, felony or ____________ be privileged from arrest during the session of the Legislature, and in going to and returning from the same,

Answer 23

breach of the peace

Question 24

Art. 1.23. DIGNITY OF STATE.

All justices of the Supreme Court, judges of the Court of Criminal Appeals, justices of the Courts of Appeals and judges of the District Courts, shall, by virtue of their offices, be _____________ throughout the State.

Answer 24

conservators of the peace

Question 25

Art. 1.24. PUBLIC TRIAL.

The __________in all courts shall be public.

Answer 25

proceedings and trials

Question 26

Art. 1.25. CONFRONTED BY WITNESSES.

The defendant, upon a trial, shall be confronted with the witnesses, except in certain cases provided for in this Code where ____________ have been taken.

Answer 26

depositions

Question 27

Art. 1.27. COMMON LAW GOVERNS.

If this Code fails to provide a rule of procedure in any particular state of case which may arise, the rules of the _________ law shall be applied and govern.

Answer 27

common law

Question 28

Indictment vs Information

Answer 28

Like an indictment, an information is a formal charging document that describes the criminal charges against a person and the factual basis for those charges.

Unlike an indictment, however, an information does not require a grand jury’s vote.

An indictment, as defined in Black’s Law Dictionary, is:

An accusation in writing found and presented by a grand jury, legally convoked and sworn, to the court in which it is impaneled, charging that a person therein named has done some act, or been guilty of some omission, which by law is a public offense, punishable on indictment. A formal written accusation originating with a prosecutor and issued by a grand jury against a party charged with a crime. An indictment is referred to as a “true bill,” whereas failure to indict is called a “no bill.”

An information, has been defined as:

An accusation exhibited against a person for some criminal offense, without an indictment. An accusation in the nature of an indictment, from which it differs only in being presented by a competent public officer on his oath of office, instead of a grand jury on their oath. A written accusation made by a public prosecutor, without the intervention of a grand jury.

Id. at 779. Together with the pleas of guilty, not guilty, or nolo contendere, the indictment and information constitute the pleadings in Federal criminal proceedings. See Fed. R. Crim. P. 12(a).

https://www.justice.gov/jm/criminal-resource-manual-201-indictment-and-informations

Question 29

What’s the difference between a grand jury and a regular jury?

Answer 29

A grand jury (12 to 23 people) is a body that investigates criminal conduct. Federal, state and county prosecutors utilize grand juries to decide whether probable cause exists to support criminal charges.

​A regular jury (6 to 12 people) – aka a petit jury – hears only trial cases. A regular jury decides the facts. The judge presiding over the trial decides the law. A petit jury decides:

In criminal cases – whether the prosecution has proved their case beyond a reasonable doubt. In criminal cases the decision must be unanimous.

In civil cases – by a preponderance of evidence (which means 51%)​.

http://www.msnbc.com/msnbc/6-your-questions-about-grand-juries-answered