Exam 2 Flashcards
How is the executive branch organized? What is significant about that?
- 6 offices (independently elected offices limit governor power)
- Texas governors have fewer powers than governors in other states
Who is the governor currently?
Greg Abbot
Which executive position is appointed rather than elected?
Secretary of State
Qualifications to be governor
- At least 30 years old
- A U.S. citizen
- Resident of Texas for at least 5 years immediately before the election
What is compensation like for being governor?
$153,753 annually (well compensated)
How long is the term for governor? (Can you run for re-election?)
4-year terms and running for re-election is allowed
Texas’ Longest serving governor:
Governor Perry
Governor that has been impeached and removed:
Jim Ferguson
Impeachment process for governor
- Impeachment by a majority in the House
- Removal by 2/3 of the Senate
Line of succession for governor (who takes over if they vacate office, next 3 in line)
1) Lieutenant Governor
2) The Senate’s President Pro Tempore
3) The Speaker of the House
4) The Attorney General
5) Chief justices of Texas Courts of Appeal
Ann Richards
- 1991-1995
- Democrat (last to woman be the governor)
- Pretty well known with humor
- Lost election
What are the other executive positions?
- Lieutenant Governor
- Attorney General
- Commissioner of the General Land Office
- Commissioner of Agriculture
- Comptroller of Public Accounts
Who is the Lt. Governor currently?
Dan Patrick
What is the role of the Lt. governor?
- “Constitutional President of the Senate”
- Casts a deciding vote in the Senate when there is a tie
- Appoints Senate committees and chairs
- Granted legislative power by the Senate
- Performs as acting governor when governor is unable to perform duties
- Chair of the Legislative Budget Board
What is the role of the Texas Secretary of State?
- Conducts voter registration drives; collects election-night returns
- Provides media and voters with the latest official election returns
- In charge of voter registration
- Collects election data from county judges and clerks
- Appointed not elected
What does the commissioner of Agriculture do?
- Responsible for enforcing agricultural laws
Which party dominates the executive?
Republican
Civil Law
contractual relationships between parties (legally binding business relationships, personal relationships [adoptions, divorces, marriages], business remedies, personal remedies)
Criminal Law
felonies and misdemeanors, indictment and grand juries, plea bargain, guilt beyond a reasonable doubt
Highest courts in Texas
Court of Criminal Appeals, Supreme Court
Death penalty cases- where are they appealed to?
The Texas Court of Criminal Appeals
How are judges selected in TX?
They’re elected
Why is that significant?
- Less freedom to make unpopular decisions
- Risk losing office if voters disagree with their legal interpretations
- Less mix of party and ideology
How can you be removed as a judge?
Impeachment, voters don’t reelect the judge, removed by the Supreme Court of Texas
Criminal justice
the system of law enforcement, involving police, lawyers, courts, and corrections, used for all stages of criminal proceedings and punishment
1960s /law and order
The start of the “get tough on crime” attitude in the U.S.
Painted liberals/democrats as being soft on crime
Born in a context of civil unrest
Purposes of CJ system in Texas
Deter future criminal action
Punish criminal activity
Rehabilitate the offender
War on Drugs
Describes the campaign of prohibition of drugs, as well as the military assistance/intervention to stem illegal drug trade
Very harsh drug laws here
Stand your ground laws
“Duty to retreat”
Legalized the deadly use of force, allowing individuals to kill someone they perceive as an attacker (even if they have the means to escape a confrontation) without being found criminally liable
Recidivism – what is it?
The rate at which criminal offenders commit crime after they leave the state’s custody
Harris County effect
This county alone has condemned more people to death than 45 other states
What happened in Tulia in the documentary? Why?
Narcotics, selling drugs was getting out control and undercover cops arrested multiple black people, this caused a lot of unrest in the black community
Who was involved?
Undercover cop Tom Coleman, black community of Tulia
What were the court sentences like?
Long years in prison (99 years) if the plea wasn’t taken
What did the appeals courts say eventually?
Those arrested were released
What does this tell us about the drug war?
That as a result of the arrests the drug had become racialized and the stigma and assumptions people pinned on one another turned communities against each other, made an influence that easy undercover investigations were the way to go, arrested multiple people without thorough consideration
Grand juries- what do they do?
Hear preliminary felony offense cases
Determine whether there is enough evidence to proceed with prosecution trial
Do not establish guilt or innocence
Only focused on whether there was enough evidence up front that a jury could be convinced to convict
Protects citizens from political persecution
Trial vs appellate courts
Trial Courts:
Learn the facts
Determine how the law applies
Trial courts are where trials actually occur
Appellate Courts:
Panel of judges, no juries
Focus only on application of law, process, procedure
If new facts of flawed trial, send case back to trial court
What does the Court of Criminal Appeals do?
The court consists of 9 judges, including a presiding judge
The court can hear appeals in panels of three judges, though most cases are heard En banc. Cases are decided by majority vote.
What does the Texas Supreme Court do?
Court of last resort for civil matters in the state of Texas
Hears appeals from civil juvenile cases
It consists of eight justices plus one chief justice
Conducts proceedings for removal of judges and makes administrative rules for all civil courts in the state
Approves new schools of law
Appoints the Board of Law Examiners
Determines who passes the bar exam
Certifies successful applicants to practice law
What are the qualifications to be a Justice of the Texas Court of Criminal Appeals or Texas Supreme Court?
Must be 35 years of age with 10 years of legal experience
The 9 judges are elected statewide for 6 year staggered terms
3 are elected every 2 years
Vacancies filled by gubernatorial appointment
Texas incarnation rate (high or low?)
High, 780 per 100,000
Death penalty in Texas- how is it used? For what? How often? What are Texans views on it?
Executions are often
Why=Judge selection, Public Defender system, Sentencing issues before 1990s, Pardons/clemency is very difficult
Incarceration rates in US (lower or higher than rest of world?)
highest incarceration rate country
