law Flashcards
Class A misdemeanor
punishment up to 2 years in jail and $4,000 fine
Class B misdemeanor
punishment up to 180 days in jail, $2,000 fine
Class C misdemeanor
punishment up to $500 (ticket), cannot be arrested
Durham Rule
The Durham Rule is a legal standard used in the context of the insanity defense, which holds that a defendant is not criminally responsible if their unlawful act was the product of mental illness.
What is the bill of rights?
The first 10 amendments in the U.S constitution
Amendment #1
freedom of religion, speech, press, assemble peacefully, and the right to petition the government for freedom of grievances
Amendment #2
right to bear arms for the purpose of elfe defence and security of a free state
Amendment #3
protection of quartering troops, protects gov. From forcing citizens to house soldiers
Amendment #4
protecting against unreasonable searches and seizures, requires searches and arrests to conducted with warrants based on probable cause
Amendment #5
”i plead the fifth”, rights of the accused, individuals accused of crimes protection against self incrimination
Amendment #6
right to a fair, speedy and public trial, impartial jury, confront witnesses, a counsel, and to be informed of charges
Amendment #7
right to trial by jury civil cases involving disputes over property or money exceeding a certain amount
Amendment #8
protection against cruel and unusual punishment, prohibits excessive bail, fines and ensuring punishments fit the crime and are not unduly harsh
What age is considered a juvenile in Texas?
juvenile is 10-16 years old
What age is considered a child in Texas?
Child is under 10 years old
What age is an adult in Texas?
17 years and older
What is physical dependance?
A condition in which a person takes a drug over time, and unpleasant physical symptoms occur if the drug is suddenly stopped or taken in smaller doses. Another way of saying this is It doesn’t develop overnight, it results from prolonged and frequent substance abuse. They build a tolerance on their substance of choice and their body becomes physically dependent on it or it will not survive. This usually includes benzos.
What is physiological dependance?
The hardest symptoms to overcome, the body does not need it but they think they do.
Psychological dependence is a cognitive disorder and a form of dependence that is characterized by emotional–motivational withdrawal symptoms upon cessation of prolonged drug use or certain repetitive behaviors.
What is a scheduled drug?
Drugs, substances, and certain chemicals used to make drugs are classified into five (5) distinct categories or schedules depending upon the drug’s acceptable medical use and the drug’s abuse or dependence potential.
LSD
Lysergic acid diethylamide, synthetic chemical fungus that infects rye(grains). It is a psychedelic and it changes perception, mood, thoughts, hallucinations. It is a white odorless crystalline substance that is usually found as a liquid or tabs.
CCP definition
Code of Criminal Procedures,
-the rules governing the mechanisms under which crimes are investigated, prosecuted, adjudicated, and punished and includes the protection of accused persons’ constitutional rights
Prima Facia
”at first view”, “at first sight”. Based on first impression”
-This refers to the standard of proof under which the party with the burden of proof need only present enough evidence to create a rebuttable presumption that the matter asserted is true
Terry frisk
A stop-and-frisk, called a “Terry stop,” is the controversial practice allowing police to temporarily detain and search you in a public place without a warrant.
What are the 4 elements of Criminal offense
-The act-”actus reus”, violation as a written law, forbidden conduct
-The intent-”mens rea”, culpable mental state
-The concurrence-the act of 1 or more events or circumstances happening or existing at the same time
-The causation- any outcome that resulted in victimization
What are the 4 culpable mental states
-Knowingly
-recklessly
-intentionally
-negligently
What are examples of a good Defense to prosecution?
-insanity plea
-self defense
-duress
-entrapment
-mistake of fact
What type of felony is it when you get the death penalty?
Capital felony
How many articles are in the US Constitution?
7 articles
What year was the Bill of rights formed?
1789
How many overdose deaths were there in the US in 2021?
80,816 overdoses in 2021
What are the 3 major drug law terminologies discussed?
-possession
-manufacturing
-distribution
What class of drug is considered a dangerous drug?
schedule 1 controlled substances
What class of drug is an Over the counter med with codeine or lidocaine?
schedule 5
What is Ecstasy’s primary ingredient?
MDMA
-methylenedioxymethamphetamine
What is heroin made out of ?
It comes from the Poppy plant but it also comes from morphine
What country does Fentanyl come from?
China
What 2 crimes can you NOT be arrested for in Texas?
-Open container
-speeding
What is penal code 46.02 and how does that affect when alcohol is being sold?
unlawfully carrying a weapon. They cannot carry a gun on the premises licensed or issued by permit in a sale of service of alcohol beverages in areas with %51 or more alcohol sales
What are exceptions to a search warrant?
-vehicles, open fields, anything with consent, abandoned property, plain view
What searches are allowed at school?
-backpacks, lockers, vehicles, anything with consent, use of metal detectors and drug dogs, strip searches
