Constitution Flashcards
Habeas Corpus is found where?
USC Art. 1 Sec. 9
TX Constitution Art. 1 Sec. 12
CCP Art. 1.08
The ____ __ ______ _______ is the remedy to be used when any person is restrained in his liberty.
writ of habeas corpus
_______ _________ order issued by a court or judge of competent jurisdiction, directed to any one having a person in his custody, or under his restraint, commanding him to produce such person, at a time and place named in the writ, and show why he is held in custody or under restraint
writ of habeas corpus
“Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievance.
USC 1st Amendment
Unreasonable Searches and Seizures is found in what Amendment?
4th Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…
4th Amendment
Citizens are protected from unreasonable search or seizure of a citizen’s:
Person
house (Tent, RV, Travel Trailer,
Businesses, Desks, Lockers)
papers (Documents)
effects (Belongings, Things)
Unreasonable Searches and Seizures is found where?
USC 4th Amendment
TX Constitution Art. 1 Sec. 9
CCP Art. 1.06
What amendment protects individuals from double jeopardy?
USC 5th Amendment
What amendment states an individual shall not be compelled in any criminal case to be a witness against himself?
USC 5th Amendment
What amendment states an individual shall have the right to a speedy trial?
USC 6th Amendment
Under what amendment are these rights guaranteed?
A formal trial free from unreasonable delay
A trial open to public view
Cross-examine witnesses
Obtain witnesses by requiring their presence in court
USC 6th Amendment
What amendment gives individuals a right to trial by jury in civil cases?
USC 7th Amendment
What amendment protects an individual from excessive bail?
USC 8th Amendment
What amendment protects an individual from cruel and unusual punishment?
USC 8th Amendment
What amendment states that all rights not enumerated are retained by the people?
USC 9th Amendment
Powers not delegated to the Federal government are retained by the states is called what?
police powers amendment
10th
powers not temporarily granted to the federal government by the Constitution and/or the Bill of Rights, are still the property of individual States, which amendment?
USC 10th Amendment
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.“ is which amendment?
USC 14th Amendment
which amendment says that State governments (as well as the Federal government) must respect the Constitutional rights of United States citizens.
USC 14th Amendment
_____ _______ is an act of a legislature declaring a person or group of persons guilty of some crime and punishing them without the privilege of a judicial trial.
A bill of attainder
__ ______ is a law that retroactively changes the legal consequences (or status) of actions that were committed before the enactment of the law.
An ex post facto law (“after the facts”)
What rights can a person waive?
Waiver of Trial by Jury
Waiver of Rights
Waiver of Indictment for Noncapital Felony
All policing agencies perform the same basic duties and responsibilities, which are
maintain law and order,
provide community assistance, and
investigate crimes
Which policing agencies perform the same basic duties and responsibilities?
City
County
State
Federal
Each Texas county has an elected constable. The constable is elected by precincts in each county. The constable’s jurisdiction is ____________
the precinct where he was elected
The United States Department of Justice is responsible for the enforcement of the law and administration of justice. Several federal law enforcement agencies are administered by the Department of Justice:
Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)
Drug Enforcement Administration (DEA)
Federal Bureau of Investigation (FBI)
Federal Bureau of Prisons (BOP)
National Institute of Corrections
United States Marshals Service (USMS)
_________ is a specialized federal law enforcement agency and regulatory organization within the United States Department of Justice.
ATF
The ______ is the enforcement arm of the United States federal courts.
USMS (United States Marshals Service)
Function And Role Of Federal Law Enforcement In Homeland Security Several federal law enforcement agencies are administered by the U.S. Department of Homeland Security
United States Citizenship and Immigration Services
U.S. Customs and Border Protection
Federal Emergency Management Agency
U.S. Immigration and Customs Enforcement
Transportation Security Administration
United States Coast Guard
National Protection and Programs Directorate
United States Secret Service
The criminal justice system in the U.S. serves three primary purposes. The criminal justice system __________, _____________, ____________
exists to investigate, prosecute and punish crime
When city ordinances relating to fire safety, zoning, and public health are violated, fines of up to _____may be charged,
$2,000
What is the fine imposed by municipal courts for Class C misdemeanors?
$500
The TDCJ operates the ______ largest state prison system in the United States after 2001.
second
The TDCJ operates the ______ largest state prison system in the United States before 2001.
First
The Texas criminal justice system is organized in three (3) component parts:
Law enforcement (Police)
Courts
Corrections
Correctional releases (parole & time complete) often impact police functions if the ________ _________ _________
correctional system fails
_______ _____that portions of the law which defines the personal and property rights of individuals; the rights of an individual to seek redress or to prevent a wrong; any action other than criminal proceedings.
Civil law
__________ ___prescribes the punishment to be imposed for such conduct. It includes the definition of specific offenses and general principles of criminal responsibility.
Criminal Law
A municipal court, including a municipal court of record, shall have exclusive original jurisdiction within the ____________ ___________ of the municipality
territorial limits/
City Limits (TCOLE Test)
__________ _________ have original jurisdiction in Class C misdemeanor criminal cases, which are less serious minor offenses. These courts also have jurisdiction over minor civil matters and may issue search or arrest warrant
Justice of the peace courts
Justice of the peace courts hear civil actions in cases of not more than _______
$10,000
Which court has original jurisdiction over Small claims, Criminal misdemeanors punishable by fine only(no confinement), Class C
Magistrate functions, and the Jurisdiction is within the precinct where the court is located
Justice of the peace courts
Which court has original and exclusive jurisdiction over their counties’ probate matters, guardianship cases, and mental health commitments?
Statutory Probate Courts
which court has original jurisdiction in felony criminal cases, divorce cases, cases involving title to land, election contest cases, civil matters in which the amount of money or damages involved is $200 or more, and any matters in which jurisdiction is not placed in another trial court?
District Courts
Which court has original jurisdiction in: civil actions over $200, divorce, title to land,
contested elections?
District Courts
______ _______ and criminal district courts shall have original jurisdiction in criminal cases of the grade of felony, of all misdemeanors involving official misconduct, and of misdemeanor cases transferred to the district court under Article 4.17 of this code
District Courts
Which court is Texas’ highest court for criminal cases?
Court of Criminal Appeals
Texas Supreme Court has how many justices?
9
What is the biggest difference between the Texas Supreme Court and the Supreme Court?
Texas Supreme Court only hears civil cases
Texas Supreme Court justices are elected to?
staggered six-year terms in statewide elections
The United States Supreme Court has how many justices?
9
The United States Supreme Court justices serve for how long?
appointed for life by the President and confirmed by the Senate
_________ _________ means that cases are referred first to this court.
“Original jurisdiction”
It is the duty of every __________ to preserve the peace within his jurisdiction by the use of all lawful means; to issue all process intended to aid in preventing and suppressing crime; to cause the arrest of offenders by the use of lawful means in order that they may be brought to punishment
magistrate
When the magistrate sits for the purpose of inquiring into a criminal accusation against any person, this is called?
an examining court
Due Process begins when the officer has ________ ________ to believe the person committed a crime
probable cause
It is the duty of every magistrate to preserve the peace within his jurisdiction by the use of all lawful means; to issue all process intended to aid in preventing and suppressing crime; to cause the _______ of offenders by the use of lawful means in order that they may be brought to punishment
arrest
