CCP - Quiz, 05.13.19 Flashcards
Officer Loudermilk, #333 CODE OF CRIMINAL PROCEDURE TITLE 1. CODE OF CRIMINAL PROCEDURE CHAPTER 1. GENERAL PROVISIONS
Art. 1.01. SHORT TITLE.
This Act shall be known, and may be cited, as the __________.
Code of Criminal Procedure
Art. 1.02. EFFECTIVE DATE.
This Code shall take effect and be in force on and after _______________ .
January 1, 1966.
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
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;
- 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;
5. To insure a fair and impartial trial; and
- The certain execution of the sentence of the law when declared.
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.
due course
Art. 1.05. RIGHTS OF ACCUSED.
In all criminal prosecutions the accused shall have a ________ by an _____ jury.
speedy public trial
impartial jury
Art. 1.05. RIGHTS OF ACCUSED.
No person shall be held to answer for a felony unless on indictment of a _____
grand jury
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.
nature
cause
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.
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.
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.
persons, houses, papers
probable cause
Art. 1.07. RIGHT TO BAIL.
All prisoners shall be bailable unless _________________________.
for capital offenses when the proof is evident.
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
You have the body
Art. 1.09. CRUELTY FORBIDDEN.
Excessive _______ shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted.
bail
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.
same offense
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 ____________.
having jurisdiction
Art. 1.12. RIGHT TO JURY.
The right of trial by jury shall remain _____________.
inviolate
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 __________________ .
the attorney representing the state AND the court
3 parties have to agree to the waiver:
- defendant
- court / judge
- prosecutor
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.
waives and forfeits
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.
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.
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…
sufficient evidence
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.
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.
Art. 1.17. RELIGIOUS BELIEF.
… all oaths or affirmations shall be administered _____________________.
in the mode most binding upon the conscience
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
TRUE
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,
breach of the peace
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.
conservators of the peace
