Code of Criminal Procedure Flashcards

0
Q
  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.
A

Objects of This Code

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1
Q

This code shall take effect and be on force on and after:

A

January 1, 1966

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2
Q

No citizen of this State shall be deprived of:

A

life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.

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3
Q

All prisoners shall be bailable unless for:

A

capital offenses when the proof is evident.

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4
Q

The writ of habeas corpus is a wright of right and shall _____ be suspended.

A

never

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5
Q

If the defendant shall have been acquitted upon trial in a court having __________ of the offense, he may be prosecuted again in a court having jurisdiction.

A

no jurisdiction

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6
Q

The _____ shall have the right to to determine the law and the facts.

A

jury

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7
Q

Senators and Representatives shall, except in cases of treason, felony or breach of the peace, be privileged from arrest during the session of the Legislature, and in going to and returning from the same, allowing __________________ such member may reside from the place at which the Legislature is convened.

A

one day for every twenty miles

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8
Q

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 conservators of the peace throughout the State. The style of all writs and process shall be “The State of Texas”. All prosecutions shall be carried on “in the name and by authority of The State of Texas”, and conclude, _________________.

A

“against the peace and dignity of the State”

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9
Q

It is the duty of every magistrate to preserve the ____ within his jurisdiction.

A

Peace

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10
Q

Who has jurisdiction over felony cases?

A

District Courts

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11
Q

Who has jurisdiction over misdemeanor cases?

A

County Courts

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12
Q

An indictment or information for any Class A or Class B misdemeanor may be presented within ________ from the date of the commission of the offense, and not afterward.

A

two years

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13
Q

A “warrant of arrest” is a written order from a magistrate, directed to a peace officer or some other person specially named, _________ him to take the body of the person accused of an offense, to be dealt with according to law.

A

commanding

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14
Q

If a person dies while on custody, a written report of the cause of death is required by the _________

A

attorney general

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15
Q

Not later than ________ after the seizure, the peace officer shall:

(1) place the property under seal;
(2) remove the property to a place ordered by the court;
(3) require a law enforcement agency of the state or a political subdivision to take custody of the property and move it to a proper location.

A

72 hours

16
Q

A criminal justice agency or a juvenile justice agency shall compile criminal information into an intelligence database for the purpose of _______________ the criminal activities of criminal combinations or criminal street gangs.

A

investigating or prosecuting