U.S & Texas Constitutions, Bill of Rights, and Criminal Justice System Flashcards
What is Habeas Corpus?
A writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person’s release unless lawful grounds are shown for their detention.
The writ of habeas corpus is a writ of right and shall never be suspended can be found where?
CCP Art. 1.08: Habeas Corpus
The US Constitution First Amendment provides several rights protections, what are they?
The right to express ideas through speech and the press,
The right to assemble or gather with a group to protest or for other reasons.
The right to religious beliefs and practices. It prevents the government from creating or favoring a religion.
The US Constitution Amendment that protects the right to keep and bear arms is?
The 2nd Admendment
The US Constiyution 3rd Amendment protects what?
The Third Amendment prevents government from forcing homeowners to allow soldiers to use their homes.
The US Constitution 4th Amendment covers what?
- Bars the government from unreasonable search and seizure of an individual or their private property.
- Use Of Force cases
- To be secure in their persons, houses, papers, and effects against unreasonable searches and seizures.
The US Constitution 5th Admendment covers what protections?
Rights in Criminal Cases
- It states that serious criminal charges must be started by a grand jury.
- A person cannot be tried twice for the same offense (double jeopardy)
- People have the right against self-incrimination and cannot be imprisoned without due process of law (fair procedures and trials).
- Private property can’t be taken for public use without just compensation
USC 6th Amendment provides what protections?
Rights to fair trial
The Sixth Amendment provides additional protections to people accused of crimes, such as the right to a speedy and public trial, trial by an impartial jury in criminal cases, and to be informed of criminal charges. Witnesses must face the accused, and the accused is allowed his or her own witnesses and to be represented by a lawyer.
The US Constitution 7th Amendment covers what?
The Seventh Amendment extends the right to a jury trial in Federal civil cases.
In suits at Common Law where the controversy shall exceed $20 the right of a trial jury shall be preserved.
The US Constitution 8th Amendment covers what?
The Eighth Amendment bars excessive bail and fines and cruel and unusual punishment.
The US Constitution 9th Amendment covers what?
Rights retained by the people
The Ninth Amendment states that listing specific rights in the Constitution does not mean that people do not have other rights that have not been spelled out.
The enumeration in the constitution of certain rights shall not be construed to deny or disparage others retained by the people.
The US Constitution 10th Amendment covers what?
The Tenth Amendment says that the Federal Government only has those powers delegated in the Constitution. If it isn’t listed, it belongs to the states or to the people.
The US Constitution 14th Amendment covers what?
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Article I, Section 9, Clause 2 of the United States Constitution covers what?
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
CCP Art. 1.13: Waiver of Trial by Jury
(a) The defendant in a criminal prosecution for any offense other than a capital felony case in which the state notifies the court and the defendant that it will seek the death penalty shall have the right, upon entering a plea, to waive the right of trial by jury, conditioned, however, that, except as provided by Article 27.19, the waiver must be made in person by the defendant in writing in open court with the consent and approval of the court, and the attorney representing the state. The consent and approval by the court shall be entered of record on the minutes of the court, and the consent and approval of the attorney representing the state shall be in writing, signed by that attorney, and filed in the papers of the cause before the defendant enters the defendant’s plea.
(b) In a capital felony case in which the attorney representing the State notifies the court and the defendant that it will not seek the death penalty, the defendant may waive the right to trial by jury but only if the attorney representing the State, in writing and in open court, consents to the waiver.
(c) A defendant may agree to waive a jury trial regardless of whether the defendant is represented by an attorney at the time of making the waiver, but before a defendant charged with a felony who has no attorney can agree to waive the jury, the court must appoint an attorney to represent him.
CCP Art. 1.14: Waiver of Rights
(a) The defendant in a criminal prosecution for any offense may waive any rights secured him by law except that a defendant in a capital felony case may waive the right of trial by jury only in the manner permitted by Article 1.13(b) of this code.
(b) If the defendant does not object to a defect, error, or irregularity of form or substance in an indictment or information before the date on which the trial on the merits commences, he waives and forfeits the right to object to the defect, error, or irregularity and he may not raise the objection on appeal or in any other postconviction proceeding. Nothing in this article prohibits a trial court from requiring that an objection to an indictment or information be made at an earlier time in compliance with Article 28.01 of this code.
CCP Art. 1.141: Waiver of Indictment for Noncapital Felony
A person represented by legal counsel may in open court or by written instrument voluntarily waive the right to be accused by indictment of any offense other than a capital felony. On waiver as provided in this article, the accused shall be charged by information.
Who are magistrates - CCP 2.09
Each of the following officers is a magistrate within the meaning of this Code: The justices of the Supreme Court, the judges of the Court of Criminal Appeals, the justices of the Courts of Appeals, the judges of the District Court, the magistrates appointed by the judges of the district courts, the justices of the peace, and the mayors and recorders and the judges of the municipal courts of incorporated cities or towns.
Duty of magistrates - CCP 2.10
It is the duty of every magistrate to preserve the peace within his jurisdiction by the use of all lawful means; to issue all process intended to aid in preventing and suppressing crime; to cause the arrest of offenders by the use of lawful means in order that they may be brought to punishment.
What is an Examining court - CCP 2.11
When the magistrate sits for the purpose of inquiring into a criminal accusation against any person, this is called an examining court.
District Courts
criminal/civil (felony) - CCP 4.05 District courts and criminal district courts shall have original jurisdiction in criminal cases of the grade of felony, of all misdemeanors involving official misconduct, and of misdemeanor cases transferred to the district court under Article 4.17 of this code.
County Court at Law
criminal/civil in Texas A & B misdemeanors - CCP 4.07 & 4.08 JURISDICTION OF COUNTY COURTS. The county courts shall have original jurisdiction of all misdemeanors of which exclusive original jurisdiction is not given to the justice court, and when the fine to be imposed shall exceed five hundred dollars.
APPELLATE JURISDICTION OF COUNTY COURTS. The county courts shall have appellate jurisdiction in criminal cases of which justice courts and other inferior courts have original jurisdiction.
Jurisdiction of Justice Courts
criminal/civil C misdemeanors - CCP 4.11
(a) Justices of the peace shall have original jurisdiction in criminal cases:
(1) punishable by fine only or punishable by:
(A) a fine; and
(B) as authorized by statute, a sanction not consisting of confinement or imprisonment; or
(2) arising under Chapter 106, Alcoholic Beverage Code, that do not include confinement as an authorized sanction.
(b) The fact that a conviction in a justice court has as a consequence the imposition of a penalty or sanction by an agency or entity other than the court, such as a denial, suspension, or revocation of a privilege, does not affect the original jurisdiction of the justice court.
(c) A justice court has concurrent jurisdiction with a municipal court in criminal cases that arise in the municipality’s extraterritorial jurisdiction and that arise under an ordinance of the municipality applicable to the extraterritorial jurisdiction under Section 216.902, Local Government Code.
Jurisdiction of Municipal Courts
criminal – city ordinances, misdemeanor cases –
Class C - CCP 4.14
(a) A municipal court, including a municipal court of record, shall have exclusive original jurisdiction within the territorial limits of the municipality in all criminal cases that:
(1) arise under the ordinances of the municipality; and
(2) are punishable by a fine not to exceed:
(A) $2,000 in all cases arising under municipal ordinances that govern fire safety, zoning, or public health and sanitation, other than the dumping of refuse;
(B) $4,000 in cases arising under municipal ordinances that govern the dumping of refuse; or
(C) $500 in all other cases arising under a municipal ordinance.
(b) The municipal court shall have concurrent jurisdiction with the justice court of a precinct in which the municipality is located in all criminal cases arising under state law that:
(1) arise within the territorial limits of the municipality and are punishable by fine only, as defined in Subsection (c) of this article; or
(2) arise under Chapter 106, Alcoholic Beverage Code, and do not include confinement as an authorized sanction.
(c) In this article, an offense which is punishable by “fine only” is defined as an offense that is punishable by fine and such sanctions, if any, as authorized by statute not consisting of confinement in jail or imprisonment.
(d) The fact that a conviction in a municipal court has as a consequence the imposition of a penalty or sanction by an agency or entity other than the court, such as a denial, suspension, or revocation of a privilege, does not affect the original jurisdiction of the municipal court.
(e) The municipal court has jurisdiction in the forfeiture and final judgment of all bail bonds and personal bonds taken in criminal cases of which the court has jurisdiction.
(f) A municipality with a population of 1.19 million or more and another municipality contiguous to that municipality may enter into an agreement providing concurrent jurisdiction for the municipal courts of either jurisdiction for all criminal cases arising from offenses under state law that are:
(1) committed on the boundary of those municipalities or in one or both of the following areas:
(A) within 200 yards of that boundary; or
(B) within 2.25 miles of that boundary on a segment of highway in the state highway system that traverses a major water supply reservoir; and
(2) punishable by fine only.
(g) A municipality may enter into an agreement with a contiguous municipality or a municipality with boundaries that are within one-half mile of the municipality seeking to enter into the agreement to establish concurrent jurisdiction of the municipal courts in the municipalities and provide original jurisdiction to a municipal court in which a case is brought as if the municipal court were located in the municipality in which the case arose, for:
(1) all cases in which either municipality has jurisdiction under Subsection (a) or (b); and
(2) cases that arise under Section 821.022, Health and Safety Code.
Small claims court
Civil
U.S. Supreme Court
Civil/Criminal
Texas Supreme Court
Civil
What is Civil Law?
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.
What is tort?
any one of various, legally recognized, private injuries or wrongs. A civil action.
What are examples of civil law?
divorce, child custody, protective orders, injunctions, debt, personal damages
What is Criminal Law?
Law which for the purpose of preventing harm to society, (a) declares
what conduct is criminal, and (b) prescribes the punishment to be imposed for such conduct. It includes the definition of specific offenses and general principles of criminal responsibility. Criminal laws are commonly codified into criminal or penal codes, e.g., Texas Penal Code.
What are examples of criminal law?
criminal trespass, murder, assault, theft
Explain how the three components of the criminal justice system directly affect each other.
Effects of criminal justice component interaction:
Increased arrests cause increase in court dockets.
Court dispositions increase correctional populations.
Correctional releases (parole & time complete) often impact police functions if correctional system fails.
“Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievance.
USC 1st Amendment
Unreasonable Searches and Seizures is found in what Amendment?
4th Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…
4th Amendment
Citizens are protected from unreasonable search or seizure of a citizen’s:
Person
house (Tent, RV, Travel Trailer,
Businesses, Desks, Lockers)
papers (Documents)
effects (Belongings, Things)
Unreasonable Searches and Seizures is found where?
USC 4th Amendment
TX Constitution Art. 1 Sec. 9
CCP Art. 1.06
What amendment protects individuals from double jeopardy?
USC 5th Amendment
What amendment states an individual shall not be compelled in any criminal case to be a witness against himself?
USC 5th Amendment
What amendment states an individual shall have the right to a speedy trial?
USC 6th Amendment
What amendment gives individuals a right to trial by jury in civil cases?
USC 7th Amendment
What amendment protects an individual from excessive bail?
USC 8th Amendment
What amendment protects an individual from cruel and unusual punishment?
USC 8th Amendment
What amendment states that all rights not enumerated are retained by the people?
USC 9th Amendment
Powers not delegated to the Federal government are retained by the states is called what?
The 10th Amendment
