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171 BPOA > Constitution > Flashcards

Constitution Flashcards

1
Q

How many sections to the Constitution?

A

3 sections

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2
Q

What’s the first section of the Constitution?

A

Preamble

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3
Q

What’s the second section of the Constitution?

A

Articles (Meat)

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4
Q

What’s the third section of the Constitution?

A

Amendments

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5
Q

What is a Writ of Habeas Corpus?

A

Objective of bringing party before court (used to get out of jail)

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6
Q

What is the purpose of a Constitution?

A 
A social contract
Legitimizes government
Authorizes force
Spells out powers and limitations
Historical documents
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7
Q

What are provisions of modern Constitutions?

A 
Bill of rights (MOST IMPORTANT)
Separation of powers
Judicial appeal
Provides for local governments
Provides for changes
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8
Q

What does the First Amendment guarantee?

A

Freedom of religion, speech, press, lawful assembly, redress of grievances

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9
Q

What does the FOURTH Amendment guarantee?

A

(Protect from unreasonable search and seizures). Secure in their persons, houses, papers, and effects.)

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10
Q

What does the FIFTH Amendment guarantee?

A

(called DUE PROCESS clause) Double jeopardy - witness against self; due process; self-incrimination

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11
Q

What does the SIXTH Amendment guarantee?

A

Speedy and public trial, right to confront witnesses, right to subpoena witnesses, right to attorney in criminal cases, trial by jury (criminal)

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12
Q

What does the EIGHTH Amendment guarantee?

A

Freedom from Cruel and Unusual Punishment

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13
Q

What does the NINTH Amendment do?

A

Implicit Rights (not all inclusive here, you can have other rights too – catch all)

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14
Q

What is the 10th Amendment for?

A

States Rights powers. (reserved powers clause)

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15
Q

What does the 14th Amendment do? (1868)

A

Due process, equal protection

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16
Q

Do the police charge criminals?

A

No. They ACCUSE and RESTRAIN

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17
Q

What is ARRAINGMENT known as in Texas?

A

Magistration

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18
Q

TX Constitution Section 3?

A

EQUAL RIGHTS

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19
Q

TX Constitution Sec 3a?

A

EQUALITY UNDER THE LAW

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20
Q

TX Constitution Sec 6?

A

FREEDOM OF WORSHIP

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21
Q

TX Constitution Sec 8?

A

FREEDOM OF SPEECH AND PRESS; LIBEL

22
Q

TX Constitution Sec 9?

A

SEARCHES AND SEIZURES

23
Q

TX Constitution Sec 10?

A

RIGHTS OF ACCUSED IN CRIMINAL PROSECUTIONS

24
Q

TX Constitution Sec 11?

A

BAIL. You can be ONLY be denied bail for CAPITAL OFFENSES

25
Q

TX Constitution Sec 11a?

A

MULTIPLE CONVICTIONS, DENIAL OF BAIL

26
Q

TX Constitution Sec 12?

A

HABEAS CORPUS

27
Q

TX Constitution Sec 13?

A

Excessive Bail or fines, cruel or unusual punishment, remedy by due course of law

28
Q

TX Constitution Sec 14?

A

Double Jeopardy

29
Q

TX Constitution Sec 15?

A

COMMITMENT OF PERSONS OF UNSOUND MIND

30
Q

TX Constitution Sec 16?

A

BILL OF ATTAINER, EX POST FACTO OR RETROACTIVE LAWS, IMPAIRING OBLIGATION OF CONTRACTS

31
Q

TX Constitution Sec 18?

A

IMPRISONMENT FOR DEBT

32
Q

TX Constitution Sec 19?

A

DEPRIVATION OF LIFE, LIBERTY, ETC. DUE COURSE OF LAW

33
Q

TX Constitution Sec 20?

34
Q

TX Constitution Sec 22?

35
Q

TX Constitution Sec 23?

A

RIGHT TO KEEP/BEAR ARMS

36
Q

TX Constitution Sec 24?

A

MILITARY SUBORDINATE TO CIVIL AUTHORITY

37
Q

TX Constitution Sec 27?

A

RIGHT OF ASSEMBLY

38
Q

TX Constitution Sec 28?

A

SUSPENSION OF LAWS

39
Q

TX Constitution Sec 30?

A

RIGHTS OF CRIME VICTIMS

40
Q

What are the 4 police type structures?

A

City, County, State, Federal

41
Q

What are the 4 court type structures?

A

Municipal, County, State, Federal

42
Q

What are the 5 components of the correctional system?

A

Municipal fines, County Jail, State Prison, Probation, Parole

43
Q

What is a civil law (Tort)?

A

A civil law which defines personal/property rights of individuals

44
Q

What is a criminal law?

A

Law which the purpose of preventing harm to society (a) declares what conduct is criminal, and (b) prescribes the punishment to be imposed for such conduct.

45
Q

Components of civil law?

A

private rights/responsibility, anybody for anything, plaintiff: anyone, burden: preponderance, remedy: compensation/relief

46
Q

Components of criminal law?

A

regulate conduct/morality, codified/specific, plaintiff: always the government, burden: beyond reasonable doubt, remedy: punishment

47
Q

What are the 7 broad types of crime?

A 
Capital Murder
Felony 1
Felony 2
Felony 3
Class A Misdemeanor
Class B Misdemeanor
Class C Misdemeanor
48
Q

What are the 3 effects of criminal justice component interaction?

A
  • Increased arrests causes increase in court dockets
  • Court dispositions increase correctional populations
  • Correctional releases (parole and time complete) often impacts police functions if correctional system fails.
49
Q

Who is considered the father of modern policing?

A

Sir Robert Peel

50
Q

What is discussed in Article 17 of the Texas Constitution?

A

Amending constitution.

171 BPOA (20 decks)

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