Criminal Law Flashcards

1
Q

Name the three steps of criminal cases

A

Pre-trial
Trial
Post-trial

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2
Q

Why is a person arrested?

A

because they brake the law, they are accused of a crime

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3
Q

Who can be arrested?

A

anyonbe who is 17 years of age or older

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4
Q

How are the crimes classified in Texas?

A

misdemeanors and

felonies

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5
Q

Mention the three types of misdemeanors

A

Class C, Class B and Class A

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6
Q

Where are class C misdemeanors tried?

A

in municipal and JP courts

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7
Q

What can be considered Class C misdemeanors?

A

traffic violation, driving with an open container.

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8
Q

In class C misdemeanor what can get you arrested?

A

if you don’t sign a ticket, if you forget to fill in o if you dont show to court.

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9
Q

In Class C misdemeanor what is the fine?

A

up to $500

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10
Q

Where are class B misdemeanors tried?

A

in County Criminal Courts at Law

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11
Q

How many County Criminal Courts at Law are there in Harris county?

A

15

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12
Q

What kind of punishment is for Class B misdemeanor?

A

it ranges from probation up to 6 months in a county jail.

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13
Q

Class……………….and …….mesdemeanors are always arrested

A

B and A

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14
Q

Where are Class A misdemeanors tried?

A

in County Criminal Courts at Law

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15
Q

What kind of punishment does Class A misdemeanor gets?

A

from probation up to 1 year in a county jail.

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16
Q

Where are felony cases tried?

A

in Criminal District Courts

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17
Q

Mention kinds of felonies

A
State Jail Felony
Third Degree Felony
Second Degree Felony
First Degree Felony
Capital Murder
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18
Q

The……………………..felony is for possession of Controled Substances less tha 1 gram and for Prostitution

A

State Jail Felony

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19
Q

What is the punishment for State Jail Felony?

A

from probation or 6 months up to 2 years in a State Jail Facility

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20
Q

The…………………is the felony of intoxication Assault, 3rd DWI and 2nd Assult Family Violence

A

Third degree Felony

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21
Q

…………………..punishment ranges from probation or 2 to 10 years in prison

A

Third degree Felony

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22
Q

Aggravated Assault and deadly wapons or by threat are…………………………

A

Second degree felonies

23
Q

———————-punishments range from probation or 2 to 20 years in prison

A

Secon Degree felonies

24
Q

…………………….are murder, aggravated Robbery, aggravated Sexula Assaul

A

First degree felonies

25
Q

————————-punishment ranges from probat or 5 to 99 years or life in prison

A

First degree felonies

26
Q

As of……………………………………a jury is no longer able to recommend probation for murder, indecency with a child by contact, aggrabated sexual assult.

A

September 1, 2007

27
Q

……………………..is the highest degree of felony

A

Capital Murder

28
Q

Killing a police officer in the line of duty, murder while in course of commiting another felony or killing more tan one individual in the same criminal transaction is considered……………

A

Criminal murder

29
Q

life in prison without parol or death is the punishment for…………………….

A

Capital Murder

30
Q

What happens after you are arrested?

A

taken to jail
magistrate reads defendant his warnings
bond is set

31
Q

What happens in pre-trial?

A
the person is arrested
taken to jail
has an initial court appearance
disposition of a criminal case
dismissal
plea and
trial
32
Q

What happens in trial?

A

there are motions and

the trial itself

33
Q

mention the types of motions

A

Discovery motion
Brady motion
Motion to Suppress Evidence

34
Q

How are motions in Harris County?

A

open file policy

35
Q

……………………….is a method by which you attempt to keep evidence out of trial that harms the defendant

A

Motion to Suppress Evidence

36
Q

How many jurors are there in Felony trials?

A

12

37
Q

How many jurors are there in Misdemeanor trials?

A

6

38
Q

What is Writ of Habeas Corpus for?

A

for newly discovered evidence

39
Q

Mention the methods for post-trial appeal

A

Direct appeal and

Writ of Habeas Corpus

40
Q

How old do you have to be in Juvenile court?

A

at least 10 years of age but no older tan 16 years of age

41
Q

What does habeas corpus mean?

A

newly discoverd evidence

42
Q

Who goes to juvenile court?

A

a person who commited a criminal offense and is at lest 10 years of age but no older tan 16

43
Q

a…………………..may also be issued for a juvenile.

A

directive to apprehend

44
Q

mention some procedures for getting juvenile realised from detention

A
  1. hearing before a magistrate or district court judge or Master in District Court
  2. consider some key factors like will s/he run away, does s/he have appropiate supervisin.
  3. May be placed on Pre-Adjudication Supervision
45
Q

a juvenile in court is called a……………

A

repondent

46
Q

Trial in juvenial court is called…………..

A

adjudication hearing

47
Q

Juveniles are not found “guilty” or “not guilty”; they are found to have ……………………………..or found ……………

A

to engage in delinquent conduct

not to have engaged in deliquent conduct

48
Q

In juvenile instead of a punishment phase of trial, there is a……………………..after the adjudication hearing

A

disposition phase

49
Q

there are ……………….judges for felony cases and………………for misdemeanors

A

12

6

50
Q

What does TYC stands for?

A

Texas Youth Commision

51
Q

A juvenile can spend…………………for Capital felony, first degree felony or aggravated controlled sustance felony…………………for second degree felony and………………..for third degree felony

A

40 years
20 years
10 years

52
Q

In order to transfer a juvenile case to adult criminal court, a……………………………….is held

A

certification hearing

53
Q

A juvenile must be at least……….and have committed a ……………..,…… ,………………. or……………..in order to for a case to be eligeble for certification

A

14 years old
capital felony
first degree murder
aggravated control substance felony