Exam 8 Flashcards
What is the difference between bond and bail ?
Bail is the money a defendant must pay in order to get out of jail. A bond is posted on a defendant’s behalf, usually by a bail bond company, to secure his or her release. … If the defendant fails to appear or violates the conditions of the release, he or she might forfeit the amount paid.
. BPOC 4.3.3- Civil Law definition
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
. Article 4.04- Highest appellate court in Texas
TX COURT OF CRIMINAL APPEALS
Habeas Corpus definition
A Writ of Habeas Corpus is the name given to a variety of writs with the objective of bringing a party before a court, or judge.
Article 4.05- Court of original jurisdiction for all misdemeanors involving official misconduct
District courts and criminal district courts shall have original jurisdiction in criminal cases of the grade of felony, of all misdemeanors involving official misconduct
What is the Texas Criminal Justice System comprised of?
POLICE, COURTS, CORRECTIONS
BPOC 4.3.3- what is the purpose of criminal law
law which for the purpose of preventing harm to society
Where do appeals from justice court go?
COUNTY COURT
Where do appeals from the County court go?
Court Of Appeals
Where do appeals from District Court go?
COURT OF CRIMINAL APPEALS
BPOC 4.3.3- what is a tort?
A CIVIL ACTION
. Which amendment does Duran V City of Douglas, AZ pertain to?
1st AMENDMENT
. Which amendment is the “state’s right amendment?”
TENTH AMENDMENT
Which amendment guarantees the right to a speedy and fair trial
Sixth Amendment
Which amendment prohibits excessive fines or bails?
EIGHTH AMENDMENT
Which amendment prohibits cruel and unusual punishments?
EIGHTH AMENDMENT
Which amendment prohibits unreasonable searches and seizures?
FOURTH AMENDMENT
Which amendment made the Bill of Rights applicable to all states?
14TH
HSC 483.074- How many witness must a peace officer act in the presence of to destroy a dangerous drug?.
The officer and a board member or an officer and another officer..
Before the dangerous drug is destroyed, an inventory of the drug must be prepared. The inventory must be accompanied by a statement that the dangerous drug is being destroyed at the direction of the board, by an employee of the board or an authorized peace officer, and in the presence of another employee of the board or authorized peace officer. The statement must also contain the names of the persons in attendance at the time of destruction, state the capacity in which each of those persons acts, be signed by those persons, and be sworn to by those persons that the statement is correct. The statement shall be filed with the board.
what constitutes possession of marijuana?
a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana.
HSC 481.121- How much is required for felony possession of marijuana?
A state jail felony if the amount of marihuana possessed is five pounds or less but more than four ounces; 4-5
Possession of 2 ounces or less of marijuana is a Class B misdemeanor, punishable by up to 180 days imprisonment and a fine not to exceed $2,000
Possession of between 2 and 4 ounces of marijuana is a Class A misdemeanor, punishable by imprisonment of up to 1 year and a fine not to exceed $4,000.
Possession of between 4 ounces and 5 lbs. of marijuana is a state jail felony, punishable by a mandatory minimum sentence of 180 days imprisonment, a maximum of 2 years imprisonment, and a fine not to exceed $10,000.
Possession of between 5 lbs. and 50 lbs. of marijuana is a Third Degree felony, punishable by a mandatory minimum sentence of no less than 2 years imprisonment, a maximum sentence of 10 years imprisonment, and a fine not to exceed $10,000.
Possession of between 50 lbs. and 2,000 lbs of marijuana is a Second Degree felony, punishable by a mandatory minimum sentence of 2 years imprisonment, a maximum sentence of 20 years imprisonment, and a fine not to exceed $10,000.
Possession of more than 2,000 lbs. of marijuana is a Felony, punishable by a mandatory minimum sentence of 5 years, a maximum sentence of 99 years, and a fine of no more than $50,000.
What class of offense is possession of drug paraphernalia?
CLASS C MISDEMEANOR
What class of offense is 2 ounces or less of marijuana?
CLASS B MISDEMEANOR
Possession of 2 ounces or less of marijuana is a Class B misdemeanor, punishable by up to 180 days imprisonment and a fine not to exceed $2,000
Possession of between 2 and 4 ounces of marijuana is a Class A misdemeanor, punishable by imprisonment of up to 1 year and a fine not to exceed $4,000.
Possession of between 4 ounces and 5 lbs. of marijuana is a state jail felony, punishable by a mandatory minimum sentence of 180 days imprisonment, a maximum of 2 years imprisonment, and a fine not to exceed $10,000.
Possession of between 5 lbs. and 50 lbs. of marijuana is a Third Degree felony, punishable by a mandatory minimum sentence of no less than 2 years imprisonment, a maximum sentence of 10 years imprisonment, and a fine not to exceed $10,000.
Possession of between 50 lbs. and 2,000 lbs of marijuana is a Second Degree felony, punishable by a mandatory minimum sentence of 2 years imprisonment, a maximum sentence of 20 years imprisonment, and a fine not to exceed $10,000.
Possession of more than 2,000 lbs. of marijuana is a Felony, punishable by a mandatory minimum sentence of 5 years, a maximum sentence of 99 years, and a fine of no more than $50,000.
Article 2.13- What are your duties and powers as a peace officer?
EXECUTE ALL LAWFUL PROCESS ISSUED TO THE OFFICER BY ANY MAGISTRATE OR COURT, EXECUTE ALL LAWFUL PROCESS ISSUED, GIVE NOTICE TO SOME MAGISTRATE OF ALL OFFENSES COMMITTED WITHIN THE OFFICERS JURISDICTION, ARREST OFFENDERS WITHOUT WARRANT IN NAY CASE THAT THE OFFICER IS AUTHORIZED BY LAW