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TCC BPOC 221 > tcc_bpoc_221_20240305184817 > Flashcards

tcc_bpoc_221_20240305184817 Flashcards

1
Q

What is Sec. 1.02 of the Penal Code?

A

Objectives of Code

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2
Q

The general purposes of this code are

A

to establish a system of prohibitions, penalties, and correctional measures to deal with conduct that unjustifiably and inexcusably causes or threatens harm to those individual or public interests for which state protection is appropriate.

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3
Q

What is Sec. 1.03 of the Penal Code?

A

Effect of Code

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4
Q

What is Sec. 1.04 of the Penal Code?

A

Territorial Jurisdiction

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5
Q

Sec. 1.04 (a) This state has jurisdiction over an offense that a person commits by his own conduct or the conduct of another for which he is criminally responsible if:

A

(1) either the conduct or a result that is an element of the offense occurs inside this state;

(2) the conduct outside this state constitutes an attempt to commit an offense inside this state;

(3) the conduct outside this state constitutes a conspiracy to commit an offense inside this state, and an act in furtherance of the conspiracy occurs inside this state;  or

(4) the conduct inside this state constitutes an attempt, solicitation, or conspiracy to commit, or establishes criminal responsibility for the commission of, an offense in another jurisdiction that is also an offense under the laws of this state.

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6
Q

What is Sec. 1.06 of the Penal Code?

A

Computation of Age

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7
Q

What is Computation of Age?

A

A person attains a specified age on the day of the anniversary of his birthdate.

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8
Q

What is Sec. 1.07 of the Penal Code?

A

Definitions

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9
Q

What is Sec. 2.01 of the Penal Code?

A

Proof beyond a reasonable doubt

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10
Q

What is proof beyond a reasonable doubt?

A

All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt.  The fact that he has been arrested, confined, or indicted for, or otherwise charged with, the offense gives rise to no inference of guilt at his trial.

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11
Q

What is Sec. 2.02 of the Penal Code?

A

Exception

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12
Q

Define Exception according to the Penal Code

A

(a) An exception to an offense in this code is so labeled by the phrase:  “It is an exception to the application of . . . .”

(b) The prosecuting attorney must negate the existence of an exception in the accusation charging commission of the offense and prove beyond a reasonable doubt that the defendant or defendant’s conduct does not fall within the exception.

(c) This section does not affect exceptions applicable to offenses enacted prior to the effective date of this code.

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13
Q

What is Sec. 2.03 of the Penal Code?

A

Defense

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14
Q

Define Defense according to the Penal Code

A

(a) A defense to prosecution for an offense in this code is so labeled by the phrase:  “It is a defense to prosecution . . . .”

(b) The prosecuting attorney is not required to negate the existence of a defense in the accusation charging commission of the offense.

(c) The issue of the existence of a defense is not submitted to the jury unless evidence is admitted supporting the defense.

(d) If the issue of the existence of a defense is submitted to the jury, the court shall charge that a reasonable doubt on the issue requires that the defendant be acquitted.

(e) A ground of defense in a penal law that is not plainly labeled in accordance with this chapter has the procedural and evidentiary consequences of a defense.

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15
Q

What is Sec. 2.04 of the Penal Code?

A

Affirmative Defense

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16
Q

Define Affirmative Defense according to the Penal Code

A

(a) An affirmative defense in this code is so labeled by the phrase:  “It is an affirmative defense to prosecution . . . .”

(b) The prosecuting attorney is not required to negate the existence of an affirmative defense in the accusation charging commission of the offense.

(c) The issue of the existence of an affirmative defense is not submitted to the jury unless evidence is admitted supporting the defense.

(d) If the issue of the existence of an affirmative defense is submitted to the jury, the court shall charge that the defendant must prove the affirmative defense by a preponderance of evidence.

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17
Q

What is Sec. 6.01 of the Penal Code?

A

Requirement of Voluntary Act or Omission

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18
Q

What is the Requirement of Voluntary Act or Omission?

A

(a) A person commits an offense only if he voluntarily engages in conduct, including an act, an omission, or possession.

(b) Possession is a voluntary act if the possessor knowingly obtains or receives the thing possessed or is aware of his control of the thing for a sufficient time to permit him to terminate his control.

(c) A person who omits to perform an act does not commit an offense unless a law as defined by Section 1.07 provides that the omission is an offense or otherwise provides that he has a duty to perform the act.

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19
Q

What is Sec. 6.02 of the Penal Code?

A

Requirement of Culpability

(a) Except as provided in Subsection (b), a person does not commit an offense unless he intentionally, knowingly, recklessly, or with criminal negligence engages in conduct as the definition of the offense requires.

(b) If the definition of an offense does not prescribe a culpable mental state, a culpable mental state is nevertheless required unless the definition plainly dispenses with any mental element.

(c) If the definition of an offense does not prescribe a culpable mental state, but one is nevertheless required under Subsection (b), intent, knowledge, or recklessness suffices to establish criminal responsibility.

(d) Culpable mental states are classified according to relative degrees, from highest to lowest, as follows:

(1) intentional;

(2) knowing;

(3) reckless;

(4) criminal negligence.

(e) Proof of a higher degree of culpability than that charged constitutes proof of the culpability charged.

(f) An offense defined by municipal ordinance or by order of a county commissioners court may not dispense with the requirement of a culpable mental state if the offense is punishable by a fine exceeding the amount authorized by Section 12.23.

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20
Q

Culpable mental states are classified according to relative degrees, from highest to lowest, as follows:

A

(1) intentional;

(2) knowing;

(3) reckless;

(4) criminal negligence.

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21
Q

What is Sec. 6.03 of the Penal Code?

A

Definitions of Culpable Mental States

Intentionally

Knowingly

Recklessly

Criminal Negligence

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22
Q

Intentionally

A

 A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.

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23
Q

Knowingly

A

 A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist.  A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.

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24
Q

Recklessly

A

 A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur.  The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.

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25
Q

Criminal Negligence

A

A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur.  The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.

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26
Q

What is Sec. 6.04 of the Penal Code?

A

Causation:  Conduct and Results

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27
Q

Define Causation: Conduct and Results

A

(a) A person is criminally responsible if the result would not have occurred but for his conduct, operating either alone or concurrently with another cause, unless the concurrent cause was clearly sufficient to produce the result and the conduct of the actor clearly insufficient.

(b) A person is nevertheless criminally responsible for causing a result if the only difference between what actually occurred and what he desired, contemplated, or risked is that:

(1) a different offense was committed;  or

(2) a different person or property was injured, harmed, or otherwise affected

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28
Q

When is a person criminally responsible?

A

if the result would not have occurred but for his conduct, operating either alone or concurrently with another cause, unless the concurrent cause was clearly sufficient to produce the result and the conduct of the actor clearly insufficient.

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29
Q

What is Sec. 31.03 of the Penal Code?

A

Theft

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30
Q

What is the aggregate amount for a Class C misdemeanor?

A

if the value of the property stolen is less than $100

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31
Q

What is the aggregate amount for a Class B misdemeanor?

A

(A) If the value of the property stolen is $100 or more but less than $750;

(B) the value of the property stolen is less than $100 and the defendant has previously been convicted of any grade of theft;  or

(C) the property stolen is a driver’s license, commercial driver’s license, or personal identification certificate issued by this state or another state;

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32
Q

What is the aggregate amount for a Class A misdemeanor?

A

If the value of the property stolen is $750 or more but less than $2,500;

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33
Q

What is the aggregate amount for a state jail felony?

A

if:

(A) the value of the property stolen is $2,500 or more but less than $30,000, or the property is less than 10 head of sheep, swine, or goats or any part thereof under the value of $30,000;

(B) regardless of value, the property is stolen from the person of another or from a human corpse or grave, including property that is a military grave marker;

(C) the property stolen is a firearm, as defined by Section 46.01;

(D) the value of the property stolen is less than $2,500 and the defendant has been previously convicted two or more times of any grade of theft;

(E) the property stolen is an official ballot or official carrier envelope for an election;  or

(F) the value of the property stolen is less than $20,000 and the property stolen is:

(i) aluminum;

(ii) bronze;

(iii) copper;  or

(iv) brass;

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34
Q

What is the aggregate amount for a felony of the third degree?

A

if the value of the property stolen is $30,000 or more but less than $150,000, or the property is:

(A) cattle, horses, or exotic livestock or exotic fowl as defined by Section 142.001, Agriculture Code, stolen during a single transaction and having an aggregate value of less than $150,000;

(B) 10 or more head of sheep, swine, or goats stolen during a single transaction and having an aggregate value of less than $150,000;  or

(C) a controlled substance, having a value of less than $150,000, if stolen from:

(i) a commercial building in which a controlled substance is generally stored, including a pharmacy, clinic, hospital, nursing facility, or warehouse;  or

(ii) a vehicle owned or operated by a wholesale distributor of prescription drugs;

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35
Q

What is the aggregate amount for a felony of the second degree?

A

if:

(A) the value of the property stolen is $150,000 or more but less than $300,000;  or

(B) the value of the property stolen is less than $300,000 and the property stolen is an automated teller machine or the contents or components of an automated teller machine

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36
Q

What is the aggregate for a felony on the first degree?

A

if the value of the property stolen is $300,000 or more.

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37
Q

Texas Penal Code Sec. 3.01 Definition

A

In this chapter, “criminal episode” means the commission of two or more offenses, regardless of whether the harm is directed toward or inflicted upon more than one person or item of property, under the following circumstances:

(1) the offenses are committed pursuant to the same transaction or pursuant to two or more transactions that are connected or constitute a common scheme or plan;  or

(2) the offenses are the repeated commission of the same or similar offenses.

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38
Q

What is Sec. 3.02 of the Penal Code?

A

CONSOLIDATION AND JOINDER OF PROSECUTIONS

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39
Q

Consolidation and Joinder of Prosecutions

A

(a) A defendant may be prosecuted in a single criminal action for all offenses arising out of the same criminal episode.

(b) When a single criminal action is based on more than one charging instrument within the jurisdiction of the trial court, the state shall file written notice of the action not less than 30 days prior to the trial.

(c) If a judgment of guilt is reversed, set aside, or vacated, and a new trial ordered, the state may not prosecute in a single criminal action in the new trial any offense not joined in the former prosecution unless evidence to establish probable guilt for that offense was not known to the appropriate prosecuting official at the time the first prosecution commenced.

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40
Q

What is Sec. 3.03 of the Penal Code?

A

SENTENCES FOR OFFENSES ARISING OUT OF SAME CRIMINAL EPISODE

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41
Q

What is Sec. 3.04 of the Penal Code?

A

Severance

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42
Q

When does the defendant shall have a right to a severance of the offenses?

A

Whenever two or more offenses have been consolidated or joined for trial under Section 3.02, the defendant shall have a right to a severance of the offenses.

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43
Q

What is Sec. 7.01 of the Penal Code?

A

Parties to Offenses

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44
Q

When is a person criminally responsible as a party to an offense?

A

(a) A person is criminally responsible as a party to an offense if the offense is committed by his own conduct, by the conduct of another for which he is criminally responsible, or by both.

(b) Each party to an offense may be charged with commission of the offense.

(c) All traditional distinctions between accomplices and principals are abolished by this section, and each party to an offense may be charged and convicted without alleging that he acted as a principal or accomplice.

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45
Q

What is Sec. 7.02 of the Penal Code?

A

CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER.

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46
Q

When is a person criminally responsible for an offense committed by the conduct of another?

A

A person is criminally responsible for an offense committed by the conduct of another if:

(1) acting with the kind of culpability required for the offense, he causes or aids an innocent or nonresponsible person to engage in conduct prohibited by the definition of the offense;

(2) acting with intent to promote or assist the commission of the offense, he solicits, encourages, directs, aids, or attempts to aid the other person to commit the offense; or

(3) having a legal duty to prevent commission of the offense and acting with intent to promote or assist its commission, he fails to make a reasonable effort to prevent commission of the offense.

b) If, in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators, all conspirators are guilty of the felony actually committed, though having no intent to commit it, if the offense was committed in furtherance of the unlawful purpose and was one that should have been anticipated as a result of the carrying out of the conspiracy. In this subsection, “conspiracy” means an agreement between two or more persons to commit a felony.

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47
Q

What is Sec.7.03 of the Penal Code?

A

DEFENSES EXCLUDED

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48
Q

What is Sec. 8.01 of the Penal Code?

A

INSANITY.

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49
Q

Definition of Sec. 8.01 Insanity.

A

(a) It is an affirmative defense to prosecution that, at the time of the conduct charged, the actor, as a result of severe mental disease or defect, did not know that his conduct was wrong.

(b) The term “mental disease or defect” does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.

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50
Q

What is Sec. 8.02 of the Penal Code?

A

Mistake of Fact

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51
Q

What is Mistake of Fact?

A

(a) It is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of culpability required for commission of the offense.

(b) Although an actor’s mistake of fact may constitute a defense to the offense charged, he may nevertheless be convicted of any lesser included offense of which he would be guilty if the fact were as he believed.

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52
Q

What is Sec. 8.03 of the Penal Code?

A

Mistake of Law

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53
Q

What is Mistake of Law?

A

(a) It is no defense to prosecution that the actor was ignorant of the provisions of any law after the law has taken effect.

(b) It is an affirmative defense to prosecution that the actor reasonably believed the conduct charged did not constitute a crime and that he acted in reasonable reliance upon:

(1) an official statement of the law contained in a written order or grant of permission by an administrative agency charged by law with responsibility for interpreting the law in question; or

(2) a written interpretation of the law contained in an opinion of a court of record or made by a public official charged by law with responsibility for interpreting the law in question.

(c) Although an actor’s mistake of law may constitute a defense to the offense charged, he may nevertheless be convicted of a lesser included offense of which he would be guilty if the law were as he believed.

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54
Q

What is Sec. 8.04 of the Penal Code?

A

Intoxication

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55
Q

Does voluntary intoxication constitute a defense to criminal responsibility?

A

(a) Voluntary intoxication does not constitute a defense to the commission of crime.

(b) Evidence of temporary insanity caused by intoxication may be introduced by the actor in mitigation of the penalty attached to the offense for which he is being tried.

(c) When temporary insanity is relied upon as a defense and the evidence tends to show that such insanity was caused by intoxication, the court shall charge the jury in accordance with the provisions of this section.

(d) For purposes of this section “intoxication” means disturbance of mental or physical capacity resulting from the introduction of any substance into the body.

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56
Q

What is Sec. 8.05 of the Penal Code?

A

Duress

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57
Q

Duress

A

(a) It is an affirmative defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by threat of imminent death or serious bodily injury to himself or another.

(b) In a prosecution for an offense that does not constitute a felony, it is an affirmative defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by force or threat of force.

(c) Compulsion within the meaning of this section exists only if the force or threat of force would render a person of reasonable firmness incapable of resisting the pressure.

(d) The defense provided by this section is unavailable if the actor intentionally, knowingly, or recklessly placed himself in a situation in which it was probable that he would be subjected to compulsion.

(e) It is no defense that a person acted at the command or persuasion of his spouse, unless he acted under compulsion that would establish a defense under this section.

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58
Q

What is Sec. 8.06 of the Penal Code?

A

ENTRAPMENT.

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59
Q

Entrapment

A

(a) It is a defense to prosecution that the actor engaged in the conduct charged because he was induced to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit the offense. Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment.

(b) In this section “law enforcement agent” includes personnel of the state and local law enforcement agencies as well as of the United States and any person acting in accordance with instructions from such agents.

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60
Q

What is Sec. 8.07 of the Penal Code?

A

AGE AFFECTING CRIMINAL RESPONSIBILITY

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61
Q

When does a person may not be prosecuted for or convicted of any offense?

A

A person may not be prosecuted for or convicted of any offense that the person committed when younger than 15 years of age except:

(1) perjury and aggravated perjury when it appears by proof that the person had sufficient discretion to understand the nature and obligation of an oath;

(2) a violation of a penal statute cognizable under Chapter 729, Transportation Code, except for conduct for which the person convicted may be sentenced to imprisonment or confinement in jail;

(3) a violation of a motor vehicle traffic ordinance of an incorporated city or town in this state;

(4) a misdemeanor punishable by fine only;

(5) a violation of a penal ordinance of a political subdivision;

(6) a violation of a penal statute that is, or is a lesser included offense of, a capital felony, an aggravated controlled substance felony, or a felony of the first degree for which the person is transferred to the court under Section 54.02, Family Code, for prosecution if the person committed the offense when 14 years of age or older;

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62
Q

What is Sec. 12.02 of the Penal Code?

A

CLASSIFICATION OF OFFENSES.
Offenses are designated as felonies or misdemeanors.

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63
Q

What is Sec. 12.03 of the Penal Code?

A

CLASSIFICATION OF MISDEMEANORS.

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64
Q

How are Misdemeanors classify?

A

(a) Misdemeanors are classified according to the relative seriousness of the offense into three categories:

(1) Class A misdemeanors;

(2) Class B misdemeanors;

(3) Class C misdemeanors.

(b) An offense designated a misdemeanor in this code without specification as to punishment or category is a Class C misdemeanor.

(c) Conviction of a Class C misdemeanor does not impose any legal disability or disadvantage.

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65
Q

What is Sec. 12.04 of the Penal Code?

A

CLASSIFICATION OF FELONIES.

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66
Q

How are Felonies classify?

A

(a) Felonies are classified according to the relative seriousness of the offense into five categories:

(1) capital felonies;

(2) felonies of the first degree;

(3) felonies of the second degree;

(4) felonies of the third degree; and

(5) state jail felonies.

(b) An offense designated a felony in this code without specification as to category is a state jail felony.

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67
Q

According to Sec. 12.21 of the Penal Code, an individual adjudged guilty of a Class A misdemeanor shall be punished by

A

(1) a fine not to exceed $4,000;

(2) confinement in jail for a term not to exceed one year; or

(3) both such fine and confinement.

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68
Q

According to Sec. 12.22 of the Penal Code, an individual adjudged guilty of a Class B misdemeanor shall be punished by

A

(1) a fine not to exceed $2,000;

(2) confinement in jail for a term not to exceed 180 days; or

(3) both such fine and confinement.

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69
Q

According to Sec.12.23 of the Penal Code, an individual adjudged guilty of a Class C misdemeanor shall be punished by

A

a fine not to exceed $500.

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70
Q

What is Sec. 12.31 of the Penal Code?

A

CAPITAL FELONY

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71
Q

What does constitute a Capital Felony punishment?

A

An individual adjudged guilty of a capital felony in a case in which the state seeks the death penalty shall be punished by imprisonment in the Texas Department of Criminal Justice for life without parole or by death. An individual adjudged guilty of a capital felony in a case in which the state does not seek the death penalty shall be punished by imprisonment in the Texas Department of Criminal Justice for:

(1) life, if the individual committed the offense when younger than 18 years of age; or

(2) life without parole, if the individual committed the offense when 18 years of age or older.

(b) In a capital felony trial in which the state seeks the death penalty, prospective jurors shall be informed that a sentence of life imprisonment without parole or death is mandatory on conviction of a capital felony. In a capital felony trial in which the state does not seek the death penalty, prospective jurors shall be informed that the state is not seeking the death penalty and that:

(1) a sentence of life imprisonment is mandatory on conviction of the capital felony, if the individual committed the offense when younger than 18 years of age; or

(2) a sentence of life imprisonment without parole is mandatory on conviction of the capital felony, if the individual committed the offense when 18 years of age or older.

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72
Q

What is Sec. 12.32 of the Penal Code?

A

FIRST DEGREE FELONY PUNISHMENT

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73
Q

What does constitute a FIRST DEGREE FELONY PUNISHMENT?

A

(a) An individual adjudged guilty of a felony of the first degree shall be punished by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years.

(b) In addition to imprisonment, an individual adjudged guilty of a felony of the first degree may be punished by a fine not to exceed $10,000.

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74
Q

What is Sec. 12.33 of the Penal Code?

A

SECOND DEGREE FELONY PUNISHMENT.

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75
Q

What does constitute a SECOND DEGREE FELONY PUNISHMENT?

A

(a) An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years.

(b) In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.

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76
Q

What is Sec. 12.34 of the Penal Code?

A

THIRD DEGREE FELONY PUNISHMENT.

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77
Q

What does constitute a THIRD DEGREE FELONY PUNISHMENT?

A

(a) An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years.

(b) In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.

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78
Q

What is Sec. 12.35 of the Penal Code?

A

STATE JAIL FELONY PUNISHMENT.

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79
Q

What does constitute the STATE JAIL FELONY PUNISHMENT?

A

(a) Except as provided by Subsection (c), an individual adjudged guilty of a state jail felony shall be punished by confinement in a state jail for any term of not more than two years or less than 180 days.

(b) In addition to confinement, an individual adjudged guilty of a state jail felony may be punished by a fine not to exceed $10,000.

(c) An individual adjudged guilty of a state jail felony shall be punished for a third degree felony if it is shown on the trial of the offense that:

(1) a deadly weapon as defined by Section 1.07 was used or exhibited during the commission of the offense or during immediate flight following the commission of the offense, and that the individual used or exhibited the deadly weapon or was a party to the offense and knew that a deadly weapon would be used or exhibited; or

(2) the individual has previously been finally convicted of any felony:

(A) under Section 21.02 or listed in Article 42A.054(a), Code of Criminal Procedure; or

(B) for which the judgment contains an affirmative finding under Article 42A.054(c) or (d), Code of Criminal Procedure.

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80
Q

What is Sec. 12.42 of the Penal Code?

A

PENALTIES FOR REPEAT AND HABITUAL FELONY OFFENDERS ON TRIAL FOR FIRST, SECOND, OR THIRD DEGREE FELONY.

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81
Q

What is Sec. 12. 425 of the Penal Code?

A

PENALTIES FOR REPEAT AND HABITUAL FELONY OFFENDERS ON TRIAL FOR STATE JAIL FELONY.

82
Q

What is Sec. 12.43 of the Penal Code?

A

PENALTIES FOR REPEAT AND HABITUAL MISDEMEANOR OFFENDERS.

83
Q

If it is shown on the trial of a Class A misdemeanor that the defendant has been before convicted of a Class A misdemeanor or any degree of felony, on conviction he shall be punished by:

A

(1) a fine not to exceed $4,000;

(2) confinement in jail for any term of not more than one year or less than 90 days; or

(3) both such fine and confinement.

84
Q

If it is shown on the trial of a Class B misdemeanor that the defendant has been before convicted of a Class A or Class B misdemeanor or any degree of felony, on conviction he shall be punished by:

A

(1) a fine not to exceed $2,000;

(2) confinement in jail for any term of not more than 180 days or less than 30 days; or

(3) both such fine and confinement.

85
Q

(c) If it is shown on the trial of an offense punishable as a Class C misdemeanor under Section 42.01 or 49.02 that the defendant has been before convicted under either of those sections three times or three times for any combination of those offenses and each prior offense was committed in the 24 months preceding the date of commission of the instant offense, the defendant shall be punished by:

A

(1) a fine not to exceed $2,000;

(2) confinement in jail for a term not to exceed 180 days; or

(3) both such fine and confinement.

86
Q

What is Sec. 12.44 of the Penal Code?

A

REDUCTION OF STATE JAIL FELONY PUNISHMENT TO MISDEMEANOR PUNISHMENT.

87
Q

What is Sec. 12.45 of the Penal Code?

A

ADMISSION OF UNADJUDICATED OFFENSE.

88
Q

What is Sec. 12.46 of the Penal Code?

A

USE OF PRIOR CONVICTIONS.

89
Q

What is Sec. 12.47 of the Penal Code?

A

PENALTY IF OFFENSE COMMITTED BECAUSE OF BIAS OR PREJUDICE.

90
Q

What is Sec. 12.48 of the Penal Code?

A

CERTAIN OFFENSES RESULTING IN LOSS TO NURSING AND CONVALESCENT HOMES

91
Q

What is Sec. 12.49 of the Penal Code?

A

PENALTY IF CONTROLLED SUBSTANCE USED TO COMMIT OFFENSE.

92
Q

What is Sec. 12.50 of the Penal Code?

A

PENALTY IF OFFENSE COMMITTED IN DISASTER AREA OR EVACUATED AREA.

93
Q

What is Sec. 12.501 of the Penal Code?

A

PENALTY FOR CERTAIN OFFENSES COMMITTED IN RETALIATION FOR OR ON ACCOUNT OF PERSON’S SERVICE OR STATUS AS PUBLIC SERVANT.

94
Q

What is Sec. 15.01 of the Penal Code?

A

CRIMINAL ATTEMPT

95
Q

A person commits the offense of “Criminal Attempt” if

A

with specific intent to commit an offense, he does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended.

96
Q

What is Sec. 15.02 of the Penal Code?

A

CRIMINAL CONSPIRACY

97
Q

A person commits criminal conspiracy if

A

with intent that a felony be committed:

(1) he agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense; and

(2) he or one or more of them performs an overt act in pursuance of the agreement.

An agreement constituting a conspiracy may be inferred from acts of the parties.

98
Q

What is Sec. 15.03 of the Penal Code?

A

CRIMINAL SOLICITATION

99
Q

A person commits the offense of “Criminal Solicitation” if

A

with intent that a capital felony or felony of the first degree be committed, he requests, commands, or attempts to induce another to engage in specific conduct that, under the circumstances surrounding his conduct as the actor believes them to be, would constitute the felony or make the other a party to its commission.

100
Q

What is Sec. 15.031 of the Penal Code?

A

CRIMINAL SOLICITATION OF A MINOR

101
Q

A person commits the offense of “Criminal Solicitation of a Minor” if

A

with intent that an offense listed by Article 42A.054(a), Code of Criminal Procedure, be committed, the person requests, commands, or attempts to induce a minor to engage in specific conduct that, under the circumstances surrounding the actor’s conduct as the actor believes them to be, would constitute an offense listed by Article 42A.054(a) or make the minor a party to the commission of an offense listed by Article 42A.054(a).

102
Q

What is Sec. 15.032 of the Penal Code?

A

Child Grooming

103
Q

What is Sec. 15.04 of the Penal Code?

A

RENUNCIATION DEFENSE.

104
Q

What is Sec. 15.05 of the Penal Code?

A

NO OFFENSE.
Attempt or conspiracy to commit, or solicitation of, a preparatory offense defined in this chapter is not an offense

105
Q

What is Sec. 19.01 of the Penal Code?

A

TYPES OF CRIMINAL HOMICIDE

106
Q

A person commits criminal homicide if

A

he intentionally, knowingly, recklessly, or with criminal negligence causes the death of an individual.

107
Q

What is Sec. 19.02 of the Penal Code?

A

Murder

108
Q

A person commits the offense of “murder” if

A

(1) intentionally or knowingly causes the death of an individual;

(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual;

(3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, the person commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual; or

(4) knowingly manufactures or delivers a controlled substance included in Penalty Group 1-B under Section 481.1022, Health and Safety Code, in violation of Section 481.1123, Health and Safety Code, and an individual dies as a result of injecting, ingesting, inhaling, or introducing into the individual’s body any amount of the controlled substance manufactured or delivered by the actor, regardless of whether the controlled substance was used by itself or with another substance, including a drug, adulterant, or dilutant.

109
Q

What “Adequate cause” means?

A

means cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection.

110
Q

What “Sudden passion” means?

A

means passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation.

111
Q

What is Sec. 19.02 of the Penal Code?

A

CAPITAL MURDER

112
Q

Act

A

means a bodily movement, whether voluntary or involuntary, and includes speech.

113
Q

Actor

A

means a person whose criminal responsibility is in issue in a criminal action.  Whenever the term “suspect” is used in this code, it means “actor.”

114
Q

Agency

A

includes authority, board, bureau, commission, committee, council, department, district, division, and office.

115
Q

Another

A

means a person other than the actor.

116
Q

Association

A

means a government or governmental subdivision or agency, trust, partnership, or two or more persons having a joint or common economic interest.

117
Q

Benefit

A

means anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested.

118
Q

Bodily Injury

A

means physical pain, illness, or any impairment of physical condition.

119
Q

Civil Commitment Facility

A

means a facility owned, leased, or operated by the state, or by a vendor under contract with the state, that houses only persons who have been civilly committed as sexually violent predators under Chapter 841, Health and Safety Code.

120
Q

Coercion

A

means a threat, however communicated:

(A) to commit an offense;

(B) to inflict bodily injury in the future on the person threatened or another;

(C) to accuse a person of any offense;

(D) to expose a person to hatred, contempt, or ridicule;

(E) to harm the credit or business repute of any person;  or

(F) to take or withhold action as a public servant, or to cause a public servant to take or withhold action.

121
Q

Conduct

A

means an act or omission and its accompanying mental state.

122
Q

Consent

A

means assent in fact, whether express or apparent.

123
Q

Correctional

A

means a place designated by law for the confinement of a person arrested for, charged with, or convicted of a criminal offense.  The term includes:

(A) a municipal or county jail;

(B) a confinement facility operated by the Texas Department of Criminal Justice;

(C) a confinement facility operated under contract with any division of the Texas Department of Criminal Justice;  and

(D) a community corrections facility operated by a community supervision and corrections department.

124
Q

Criminal Negligence

A

is defined in Section 6.03 (Culpable Mental States).

(a) A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.

(b) A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.

(c) A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.

(d) A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.

125
Q

Deadly Weapon

A

means:

(A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury;  or

(B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.

126
Q

Effective Consent

A

includes consent by a person legally authorized to act for the owner.  Consent is not effective if:

(A) induced by force, threat, or fraud;

(B) given by a person the actor knows is not legally authorized to act for the owner;

(C) given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable decisions;  or

(D) given solely to detect the commission of an offense.

127
Q

Felony

A

means an offense so designated by law or punishable by death or confinement in a penitentiary.

128
Q

Harm

A

means anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested.

129
Q

Individual

A

means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth.

130
Q

Law

A

means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute.

131
Q

Misdemeanor

A

means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail.

132
Q

Reasonable Belief

A

means a belief that would be held by an ordinary and prudent man in the same circumstances as the actor.

133
Q

Secure correctional facility

A

means:

(A) a municipal or county jail;  or

(B) a confinement facility operated by or under a contract with any division of the Texas Department of Criminal Justice.

134
Q

Serious Bodily Injury

A

means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

135
Q

Sight Order

A

means a written or electronic instruction to pay money that is authorized by the person giving the instruction and that is payable on demand or at a definite time by the person being instructed to pay.  The term includes a check, an electronic debit, or an automatic bank draft.

136
Q

What is the early definition of professionalism?

A

Its earliest meaning comes from those professing the vows of a religious order. It
meant the act of professing, a spiritual commitment, a range of academic expertise or
both.

137
Q

What year was professionalism secularized?

A

1675

138
Q

What is the Oxford English Dictionary’s definition of profession?

A

The occupation which one professes to be skilled in and to follow.
A vocation in which professed knowledge of some branch of learning is used in
its application to the affairs of others, or in the practice of an art based upon it.
Applied specifically to the three learned professions of divinity, law, and
medicine; also the military profession.

139
Q

What is the Oxford English Dictionary’s definition of Professional?

A

One who is “engaged in one of the learned or skilled
professions, or in a calling considered socially superior to a trade or handicraft.

140
Q

What is Webster Dictionary’s definition of profession?

A

A vocation or occupation requiring advanced training in some liberal art or
science, and usually involving mental rather than manual work, as teaching,
engineering, writing, etc.; especially, medicine, law, or theology (formerly called
the learned professions).

141
Q

What makes Law Enforcement a “Profession”?

A

-The members possess a specialized body of knowledge, not easily acquired,
accomplished through advanced education or training.

-The members share a commitment to serving the public (or community they
serve).

-The members share a commitment to promoting the common good.

-The members share a professional creed or code of ethics that effectively holds
themselves and their colleagues to a higher standard of behavior than is the
norm for other vocations.

142
Q

What are the characteristics of professionalism?

A

Service to others
Assessment of needs to others
Theoretical body of knowledge obtained through extended pre- service education.
Standards for entry, practice, and ethical conduct
Professional association to maintain standards.
Continuing education and lifelong learning

143
Q

What is “Police Legitimacy?”

A

Means people have trust and confidence in the police, accept police
authority and believe officers are fair.

144
Q

How do officers build “Public Confidence?”

A

Treating people with dignity and respect

Making decisions fairly, based on facts, not illegitimate factors such as race.

Giving people “voice,” a chance to tell their side of the story.

Acting in a way that encourages community members to believe that they will be
treated with goodwill in the future.

145
Q

What are the 4 Pillars of Procedural Justice?

A

1.) Fairness & Consistency
2.) Giving Voice to All Parties
3.) Transparency
4.) Impartiality

146
Q

What does “Fairness and Consistency” mean?

A

Perceptions of fairness are driven not only by outcomes but also by
the fairness and consistency of the processes used to reach those outcomes.

147
Q

What does it mean to “Give Voice to All Parties?”

A

All people want to be heard and involving people or groups in the decisions that affect them affects their assessment of a given situation.

148
Q

What does “Transparency” mean?

A

Transparency means that the processes by which decisions are made do not rely upon secrecy or deception. In other words, decisions unfold out in the open as much as possible as opposed to behind closed doors.

149
Q

What does “Impartiality” mean?

A

Impartial decisions are made based on relevant evidence or data rather than on personal opinion, speculation, or guesswork.

150
Q

What are the advantages of the “Professional Model for Law Enforcement?”

A
  • Public better served.
  • Quality of peace officers is improved.\
  • Ethical conduct
  • More effective problem-solving
  • Stronger community support and respect
  • Stronger role in the criminal justice system
  • More effective innovations
    Financial rewards
151
Q

What are the disadvantages of the “Professional Model for Law Enforcement?”

A

-Cost of training and development
-Higher salaries or remuneration for job occupant
-Limited entry into the work force from poor because of limited opportunity for educational attainment

152
Q

What are “Partnerships?”

A

Refers to collaborative partnerships between law enforcement agencies and the individuals and organizations they serve to develop solutions to problems and increase trust.

153
Q

What are some examples of partners with law enforcement?

A

Partners with law enforcement may include local government
agencies or departments, community groups, SART, nonprofit organizations, social service providers, private businesses, and members of the media.

154
Q

What is “Problem-Solving?”

A

Refers to the process of engaging in the proactive and systematic examination of identified problems to develop and rigorously evaluate effective responses.

155
Q

What are the components of problem-solving?

A

Scanning: Identifying and prioritizing problems.

Analysis: Researching what is known about the problem.

Response: Developing solutions to bring about lasting reductions in the number and extent of problems.

Assessment: Evaluating the success of the responses.

Using the crime triangle to focus on immediate conditions
(victim/offender/location).

156
Q

What is “Organizational Transformation?”

A

Refers to the alignment of organizational management, structure, personnel, and information systems to support community partnerships and proactive problem solving. Community policing, like procedural justice, should permeate the agency at all levels

157
Q

What is the “Ethical Role?”

A

The ethical role is performed by being objective, impartial, neutral, and ethical in personal behavior and in functioning as a representative of the criminal justice system.

158
Q

What are the elements of the “Ethical Role?”

A

To act in a manner that reflects belief in the fundamental value of ethical behavior and in application of this value to your job.

To conduct daily activities in an objective manner striving to be uninfluenced by emotion, personal prejudice, or insufficient evidence.

To provide objective and constructive assistance or information to all persons, regardless of personal feelings.

To assist the public to understand how they can help in achieving objective and ethical behavior.

To embrace fairness and consistency, giving a voice to all parties, transparency and impartiality.

159
Q

What are the “6 pillars of Character?”

A
  • Trustworthiness
    • Respect
    • Responsibility
    • Fairness
    • Caring
    • Citizenship
160
Q

What is motivation for Ethical Behavior?

A
  • Inner Benefit: Virtue is its own reward.
  • Personal Advantage: It is prudent to be ethical. It is good business.
  • Approval: Being ethical leads to self-esteem, the admiration of loved ones and the respect of peers.
  • Religion: Good behavior can please or help a deity.
  • Habit: Ethical decisions can fit in with upbringing or training.
161
Q

What are obstacles to Ethical Behavior?

A

Self-interest
Pursuit of happiness

162
Q

What are the components of “Consistent Ethical Behavior?”

A

Moral Sensitivity

Moral Judgment

Moral Motivation

Moral Character

163
Q

What is Moral Sensitivity?

A

The ability to recognize the presence and nature of ethical issues; the
awareness that a situation represents an ethical problem that requires an ethical decision.

164
Q

What is Moral Judgment?

A

The ability to make the right ethical decision; to determine the morally correct and wisest course of action. This requires the use of critical thinking skills and the ability to prioritize competing ethical principles and values.

165
Q

What is Moral Motivation?

A

The desire to do the right thing and to be a good and ethical person.

166
Q

What is Moral Character?

A

Possessing the maturity, courage, and discipline to follow through
and do what you know is right in situations of strong temptation and/or great pressure from others.

167
Q

What are the components of the “Ethical Decision-Making Model?”

A
  • Is it legal?
    • Is it permitted by your organization’s code of conduct?
    • How would it be viewed by your organizations code of ethics and shared values?
    • Does your personal code of ethics approve?
    • Is it a true ethical dilemma? Do both choices appear to be right?
    • Can you apply the ethical decision-making model for your organization?
168
Q

What are the attitude stages an officer goes through in his career?

A

Idealistic

Frustrated

Defiant

Resigned

Aware

Decisive

Commitment

169
Q

What is the “Idealistic Stage?”

A

This stage is exemplified by new officers, confident of their values and ability to succeed. High expectations and goals, but confidence is naïve.

170
Q

What is the “Frustrated Stage?”

A

Begin to experience “the way things really are.” Idealism crashes into wall of reality. Present circumstances are a far cry from original goals and desires. Initial reactions are often dominated by fear, indecision, and anxiety. The world is not as simple as we had believed or hoped. Young officers at this stage might be susceptible to negative peer pressure.

171
Q

What is the “Defiant Stage?”

A

Fear and indecision are overcome as we realize that we take some responsibility in our own hands. However, actions taken at this stage are usually negative and destructive, especially when covert or hidden. Some people continue to live for years with this hidden, internal resentment before they lash out in defiant rage. This can pollute relationships with family, coworkers, supervisors, the community, and even society at large. (Consider Timothy McVeigh, Unabomber, 9/11 terrorists, etc.) You can see how officers might “go bad” at this stage, acting in ways that harm themselves, others, the agency, the community, and the profession.

172
Q

What is the “Resigned Stage?”

A

Some people who have harbored covert defiance eventually slip into resignation to the disappointment and aimlessness of their lives. The lights go out in their eyes. They may continue punching the clock to get to retirement, but they have lost all joy in their lives and their jobs. This stage and the defiant one are when officers are most vulnerable to making poor decisions that could cost them their
jobs and careers.

173
Q

What is the “Aware Stage?”

A

Hopefully, some self-analysis goes on and we eventually become aware of some of the damage that our defiance and resignation have caused to our own lives and other people we care about. This awareness is the first step toward developing a more positive outlook on life. We realize that we must change.

174
Q

What is the “Decisive Stage?”

A

We consciously do something different and positive, taking responsibility for our own lives and our happiness. These changes begin the process of making our lives more vital, creative, and meaningful.

175
Q

What is the “Commitment Stage?”

A

This is the final result of the positive life changes we made. We don’t expect perfection of ourselves or others, yet we are committed to attempt our best ideals, with our best abilities, while remaining realistic about our talents and results. This is not a fragile idealism, but a purposeful and prudent devotion – sincere, flexible, and open to learn and grow further.

176
Q

What is “Objective Behavior?”

A

For purposes of this training, objectivity involves the expression or use of facts without distortion by personal feelings or prejudices - neutrality.

177
Q

What are the different areas of bias?

A

Race/ethnicity

Behavior

Gender

Sexual Orientation

Religious

178
Q

What are potential gifts?

A

Any amount of money

An opportunity for sexual intercourse

A weekend at a resort hotel

A radio for your personal car

The use of a camper for a weekend

A pistol

Two tickets to a ball game

Use of a hunting lease

Bottle of liquor

Free meal

Half price meal

A cup of coffee and/or a doughnut
179
Q

What are the conditions associated with a gift?

A

Does it make a difference who offers the gift?
Does it make a difference when the gift is offered?
Does it make a difference why the gift is offered?
Does it make a difference where the gift is offered?

180
Q

What is “Courage?”

A

Courage is the state or quality of mind or spirit that enables one to face danger with self-possession, confidence, and resolution; bravery; valor. Moral courage is the courage to take action for moral reasons despite the risk of adverse consequences.

181
Q

What are examples of physical courage?

A

Facing barricaded, armed suspect
Duty to intervene.

182
Q

What are examples of Moral Courage?

A

Refusing gratuities
Refusing to participate in cover-up.
Refusing to participate in ethnic or gender-based humor or practical joking, etc.
Duty to intervene.

183
Q

What is 2.1387 of the Code of Criminal Procedure?

A

INTERVENTION REQUIRED FOR EXCESSIVE FORCE; REPORT REQUIRED. (a) A peace officer has a duty to intervene to stop or prevent another peace officer from using force against a person suspected of committing an offense if:

(1) the amount of force exceeds that which is reasonable under the circumstances; and

(2) the officer knows or should know that the other officer’s use of force:

(A) violates state or federal law;

(B) puts a person at risk of bodily injury, as that term is defined by Section 1.07, Penal Code, and is not immediately necessary to avoid imminent bodily injury to a peace officer or other person; and

(C) is not required to apprehend the person suspected of committing an offense.

(b) A peace officer who witnesses the use of excessive force by another peace officer shall promptly make a detailed report of the incident and deliver the report to the supervisor of the peace officer making the report.

184
Q

What criminal law relates to officer behavior?

A

Unethical conduct on the part of peace officers can result in federal prosecution.
There are specific statutes aimed at peace officers to prevent violations of civil rights.
The FBI has a special role to investigate those accusations.
Those investigations are controlled out of Washington, DC to prevent friendships and working relationships between locally stationed FBI agents and the peace officer being investigated from being compromised.

185
Q

What is 18 USC 241?

A

Conspiracy Against Rights:
If two or more persons conspire to injure, oppress, threaten, or intimidate any inhabitant of any State, Territory, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or if two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so
secured –They shall be fined not more than $10,000 or imprisoned not more than ten years, or both; and if death results, they shall be subject to imprisonment for any term of years or for life.

186
Q

What is 18 USC 242?

A

Deprivation of Rights Under Color of Law
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any inhabitant of any State, Territory, or District to the deprivation of any rights, privileges, or
immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such inhabitant being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined not more than $1,000 or imprisoned not more than one year, or both; and if bodily injury results shall be fined under this title or imprisoned not more than ten years, or both; and if death results shall be subject to imprisonment for any term of years or for life.
(As amended Apr. 11, 1968, Pub.L. 90-284, Title I, § 103(b), 82 Stat. 75; Nov. 18, 1988, Pub.L. 100-690, Title VII, § 7019, 102 Stat. 4396.)

187
Q

What are the civil penalties for inappropriate conduct?

A
  • Sexual Harassment - EEOC definitions 42 USC 1983 Violation of
    Civil Rights
  • Sexual Harassment - Penal Code Chapter39.03
    -Texas Commission on Human Rights - Sexual Harassment
  • Equal Employment Opportunity Commission-Sexual Harassment
  • The definition of harassment as opposed to sexual harassment - EEOC.
188
Q

What concepts in policing are rooted in European Methods?

A

i. County
ii. Sheriff
iii. Common law
iv. English “bobby” foot patrol methods

189
Q

What was the Development of Policing From 1900 through the 1940s?

A

i. The use of the automobile provided a more rapid response to police calls for service.
a. Many officers were reassigned from walking beats to radio cars.
ii. The advent of radio communications allowed calls for service to be dispatched to officers in the field.
a. The assignment of officers from walking beats initiated the distancing of the police from the individual citizens through increased mobility.
iii. The police performance level increased due to rapid response, while actual communications with citizens decreased.
iv. The absence of quality evaluation was prevalent throughout the period.
v. During this era, law enforcement personnel (especially the “beat officers”) were known by the citizens in the areas in which they worked.
a. This relationship created a bond that made the officer feel an ownership of his work area. The community also felt a more personal relationship with their officer(s).
vi. American policing went through a “reform” era marked by the contributions of such men as August Vollmer, whose goal was to bring professionalism to the
police. This age also saw the emergence of the present federal law enforcement system and the contributions of J. Edgar Hoover and the FBI.
vii. The National Commission on Law Observance and Enforcement (Wickersham
Commission) reported in 1931 “the greatest promise for the future of policing is the college or university.”

190
Q

What was the Development of Policing From 1950 through the 1970s?

A

i. Technology continued to improve, with computers and communications gradually becoming commonplace.
ii. The use of automobiles improved response time to calls for service.
a. The increased use of automobile travel and technology created a fast paced service style, which further removed peace officers from constant citizen contact.

iii. The professional police model developed with emphasis on accountability and increased standards. Success measures such as response time, crime statistics, and citizen complaints became common indicators of police performance.

iv. Police professionalism was again an issue in the late 60s when the President’s Commission on Law Enforcement and the Administration of Justice stated in 1967 that, in their opinion, police personnel should have two or four years of college education. This Commission indicated that the ultimate aim of all police
departments was for personnel with general enforcement powers to have baccalaureate degrees.

v. The National Advisory Commission on Criminal Justice Standards and Goals (NAC) reported in 1973 that the police still had low educational requirements. The NAC cited the recommendations of the 1967 commission and established minimum entry-level requirements. The immediate educational standard was to
be one year of college. The educational standard increase was to continue by requiring two years of college by 1975, three years of college by 1978, and a baccalaureate degree by 1982. A study was done in 1986 of entry-level educational requirements to determine which of the NAC’s goals had been met. The responding 289 agencies reported that 0.9% had no minimum educational
requirement, 84.8% had a high school or G.E.D. requirement, and 0.6% required a four-year baccalaureate degree.

vi. Evaluation research became a tool for success measurement.

vii. The Law Enforcement Assistance Administration (LEAA) funded numerous
projects to speed up the criminal justice process.

viii. The development and use of numerous specialized units resulted in the removal of patrol officers from most follow-up activities.

ix. The patrol system became an incident-driven approach in which police officers often became little more than report takers in most communities.

x. During this era, the police became controlled by the radio system. As a result of officers being required to answer calls for police services in a larger area, the peace officer lost much of the positive relationship and communications with the community.

191
Q

What was the Development of Policing From 1980 through the Present?

A

i. Technology continues to improve with computers, mobile devices, and weapons.

ii. There is increased interest in evaluation research. Interest in other styles of police service led to considerable interest in new methods and experimentations.

iii. The development of community- or problem-oriented policing has opened new potential for progressive policing in agencies using both the traditional model and the problem-oriented model.

iv. The implementation of community or problem-oriented policing projects. Ironically, professionalization of policing has resulted, very often, in emphasis on walking beats and citizens interaction.

192
Q

Describe the Evolution of Policing in Texas:

A

A. During Texas’ 100 years as a province of Mexico, Mexican governors reigned over the territory that would later become Texas. Policing was handled by the Spanish military. This ended when Texas became a free and independent republic after the Battle of San
Jacinto in 1836.

    i. Texas Rangers
                 a. Stephen F. Austin employed a militia group to protect the settlers from Indian and bandit raids. This group later became known as the Texas Rangers. The watch/ward system of police did not evolve in Texas because of its large territory and absence of large cities/urban areas.
     ii. Elected County Law Enforcement
                 a. Constables: Texas Constitution Article 5, Section 18
                 b. Sheriffs: Texas Constitution Article 5, Section 23
     iii. Municipal Law Enforcement
                  a. Police Force of a Type A General-law Municipality: Local Government Code 341.001
                  b. Police Force of a Type C General-law Municipality: Local Government Code 341.002
                  c. Police Force of Home-Rule Municipality: Local Government Code 341.003
193
Q

What are the concepts of the “Traditional Police Service Model?”

A

A. Reactive Response
Most of the workload of patrol officers and detectives consists of handling
crimes that have already been committed, disturbances in progress, traffic violations, and such. Exceptions include crime prevention and narcotics investigations.

B. Incident Driven
This relies on limited information, mostly from victims, witnesses, and suspects. Focus tends to be on one “incident” which is resolved before moving to the next “incident.”

C. Use of the criminal justice system
The primary means of resolving incidents is to involve the criminal justice process. It is critical to consider and utilize all elements of the criminal justice system, both sworn and civilian personnel.

D. Use of aggregate statistics
The department’s performance is largely measured by statistical comparisons. The department is doing a good job when the citywide crime rate is low, or the citywide arrest rate is high. The best officers are those who make many arrests or service many calls. Statistics can be affected by a number of factors.

E. Lack of community and employee involvement in the decision-making process
Most decisions are made at the management and mid-management level with little citizen involvement.

F. Citizen and employee expectations
The expectations of both the community and agency employees are often not met due to the expectation that peace officers will have a high impact on crime in the community.

G. The use of specialized units
The traditional model has used specialized units with a high degree of effectiveness. Directed patrol, traffic, investigative, and other related approaches have had a large degree of success in many police agencies.

194
Q

What is the definition of “Community Policing?”

A

A new philosophy of policing, based on the concept that police officers and private citizens working together in creative ways can help solve contemporary community problems related to crime, fear of crime, social and physical disorder, and neighborhood decay.

195
Q

What is “Community Policing?”

A

ii. The philosophy is expressed in a new organizational strategy that allows police departments to put theory into practice.
a. This requires freeing some patrol officers from the isolation of the patrol car and the incessant demands of the police radio, so that these officers can maintain direct, face-to-face contact with people in the same defined geographic area (beat) every day.
b. This new “community policing officer” (CPO) serves as a generalist: an officer whose mission includes developing imaginative, new ways to address the broad spectrum of community concerns embraced by the community policing philosophy.
c. The goal is to allow CPOs to own their beat areas, so that they can develop the rapport and trust that is vital in encouraging people to become involved in efforts to address the problems in their
neighborhoods. The CPO acts as the police department’s outreach to the community, serving as the people’s link to other public and private agencies that can help. The CPO not only enforces the law but supports and supervises community-based efforts aimed at local concerns. The CPO allows people direct input in setting day-to-day, local police priorities in exchange for their cooperation and participation in efforts to police themselves.

iii. Community policing requires both a philosophical shift in the way that police departments think about their mission and a commitment to the structural changes this new form of policing demands. Community policing provides a new way for the police to provide decentralized and personalized police service that offers every law-abiding citizen an opportunity to become active in the police process.

196
Q

What are professionals in the community that Police rely on?

A

i. Private Attorneys/ Bail Bondsmen
ii. Legal Services
iii. Social Services
iv. Texas Department of Health and Human Services
v. Local Crisis Centers
vi. Sexual Assault Response Teams (SART)
vii. Multidisciplinary Teams (MDTs)
viii. Domestic Violence High Risk Teams (DVHRTs)
ix. Care Coordination Teams – Commercially Sexually Exploited Youth (CSEY)
x. Child Fatality Review Teams

197
Q

What is the importance of involving the community in all policing activities that directly affect the quality of community life?

A

a. Reducing fear by addressing problem of crime in the community.
b. Establishing trust and harmony between the community residents and the peace officer.
c. Exchanging information to strengthen rapport and enhance community safety.
d. Assisting in identifying and resolving community problems.
e. Clarifying responsibilities on behalf of citizens and peace officers.
f. Helping define service needs.

198
Q

What are the philosophical differences between community-based policing and traditional approaches?

A

a. Traditional model is incident driven, i.e., reactive.
b. Officer activity is based on calls for service (CFS).
c. CPOs are pro-active and co-active.
d. New role is more complex:
i. Law Enforcer - CFS, incident driven and reactive
ii. Planner - information gatherer and analyst
iii. Problem Solver - strategist, critical thinker
iv. Community organizer - co-active role in resolving community problems through joint efforts

199
Q

For whom do we work?

A

The peace officer works for and services the citizen of the community in which (s) they are employed. It is the police officer’s duty to protect and serve their community even to the point of placing their life at risk.

200
Q

To whom are we responsible?

A

The peace officer is responsible to the citizens of the community through the chain of command in the organization.

TCC BPOC 221 (5 decks)

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