Chapter 38 Flashcards
Art 38.07 Testimony in corroboration of victim of sexual offense
A conviction under chp 21 penal code is supportable on the uncorroborated testimony of the victim of the sexual offense if the victim informed any person, other than the defendant , of the alleged offense ____ ___ ____ after the date on which the offense is alleged to have occurred.
Within one year
Art 38.07
The requirement that the victim inform another person of an alleged offense does not apply if at the time of the alleged offense the victim was a person:
17 years of age or younger
65 years of age or older
18 years of age or older who by reason of age or physical or mental disease defect or injury was substantially unable to satisfy the persons need for food shelter medical care or protection for harm
Art 38.971 testimony of child who is victim of offense
The recording equipment was capable of making an accurate recording, the operator was competent, the quality of the recording is sufficient to allow the court and the finder of fact to assess the demeanor of the child and the interviewer and the recording is accurate and is ___ _______.
not altered
Art 38.071
The ______ ______ was capable of making an accurate recording
Recording equipment
Art 38.071
_____ _____ on the recording is identified
every voice
Art 38.071
Only the ________ and Judges may question the child.
attorneys
Art 38.075 corroboration of certain testimony required
A defendant may not be convicted of an offense on the testimony of a person to whom the defendant made a statement against the defendant’s interest during a time when the person was ______ or confined in the same correctional facility as the def. unless the testimony is corroborated by other evidence tending to connect the defendant which the offense committed.
imprisoned
Art 38.10 exceptions to the spousal adverse testimony privilege
The privilege of a person’s spouse not to be allied as a witness for the state does not apply in any proceeding in which a person is charged with: A crime committed against the person’s spouse, a minor child , or a member of the household, or either ______ or bigamy.
Spouse
Art 38.101 communications by drug abusers
A communication to any person involved in the treatment or examination of drug abusers by a person being treated voluntarily or being examined for admission to voluntary treatment for drug abuse is ___ _______.
not admissible
Art 38.101 Communications by drug abusers
Information derived from the treatment or examination of drug abusers may be used for statistical and research. Purposes if the names of the patients are ___ ________.
not revealed
Art 38.19 Intent to defraud in forgery
It need not be proved that the defendant committed the act with intent to defraud a ______ ______.
particular person
Art 38.19
It shall be sufficient to prove that the forgery was in its nature calculated to _____ __ _______ any of the sovereignties, bodies corporate or politic, officers or persons, named in the definition of forgery in the penal code.
injure or defraud
Art 38.22 When statements may be used
He has the right to remain silent and not make ___ ________ he makes may be used against him at his trial
any statement
Art 38.25 Written part of instrument controls
When an instrument is partly written and partly printed, the written shall control the _____ _____ when the two are inconsistent.
printed portion
Art 38.34 Photographic evidence in theft cases
The provisions of article 18.16 concerning the bringing of stolen property before a magistrate for examination are compiled with if a photograph of the stolen property is brought before the ________.
Magistrate
Art 38.35 Forensic analysis of evidence admissibility
Forensic analysis means a medical, chemical,toxicological, _______, or other expert examination or test performed on physical evidence including DNA evidence for the purpose of determining the connection of the evidence to a criminal action.
ballistic
Art 38.44 Admissibility of electronically preserved document
If a party opposes admission of the document on the grounds that the document has been materially altered, the proponent of the document must disprove the allegation by a _________ __ ___ ________.
Preponderance of the evidence
Art 38.45 Evidence depicting or describing abuse of or sexual conduct by child or minor
During the course of a criminal proceeding, the court may not make available or allow to be made available for copying or dissemination to ___ ______ property or material that constitutes child pornography.
the public
Art 38.071 testimony of child who is a victim: only to a hearing or proceeding in which the court determines that a child ____________would be unavailable to testify in the presence of the defendant about an offense
younger than 13 years of age
Art 38.22 when statements may be used: bears the mark of the accused if the accused is unable to write and the mark is witnesses by a person ________ a peace officer.
other than
Art 38.22 when statements may be used: not later than the _______ before the date of the proceeding the attorney representing the defendant is provided with a true complete and accurate copy of all recordings of the defendant made under this article
20th day
Art 38.30 Interpreter: A qualified telephone interpreter may be sworn to interpret for the person in the trial of a ___________or a proceeding before a magistrate if an interpreter is not available to appear in person before the court.
Class C misdemeanor
Art 38.30 Interpreter: A qualified telephone interpreter may be sworn to interpret for the person in the trial of a ___________or a proceeding before a magistrate if an interpreter is not available to appear in person before the court.
Class C misdemeanor
Art 38.30 Interpreter: interpreters shall be paid not less than _____________ a day at the discretion of the judge presiding
$15 nor more than $100
Art 38.31 interpreters for deaf persons: appointed interpreter is in a position not exceeding _____ from and in full view of the deaf person.
ten feet
Art 38.35 forensic analysis: the term does NOT include
Latent finger print examination
Test of specimen of breath
Digital evidence
Art 38.42 Chain of Custody Affidavit: Not later than the _______ before the trial begins in a proceeding Which a chain of custody affidavit under this article is to be introduced the affidavit must be filed with the clerk of the court and a copy must be provided by fax, secure electronic mail, hand delivery, or certified mail return receipt requested by opposing party.
20th day
Art 38.42 chain of custody affidavit: the affidavit is not admissible if not later than the _____ before the trial begins the opposing party files a written objection to the use of the affidavit.
10th day
Art 38.43 biological material: contents of a sexual assault examination kit
Any item that contains blood semen hair saliva skin tissue fingernail scrapings bone bodily fluids or any identifiable biological material of an alleged felony offense
“Biological evidence”
Art 38.43 evidence biological matter: biological evidence collected of a felony offense is retained and preserved for not less than ______ or until the applicable statute of limitations has expired if there is an unapprehended actor associated with the offense
40 years
Art 38.43 biological evidence: the attorney may destroy the evidence but only if a written objection is not received by the attorney,clerk,or officer from the defendant, attorney of record,or court before the _____
91st day
Art 38.43 biological material: The defendants exclusive remedy for testing that was not performed is to seek a _________ from the court of criminal appeals at any time on or before the date an application for a writ of habeas corpus
Writ of mandamus
