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TCLEOSE-CCP2
Code of Criminal Procedure - CCP-2 ***NOT OFFICIAL STUDY GUIDE***
| Question | Answer |
|---|---|
| What is the Basis for Criminal Procedure Administration and what was the effective date? (2-parts) | The "Code of Criminal Procedure (CCP)" Effective 01 JAN 66, |
| What is the object of the CCP? (Parts 1,2,3 of 6) | 1.Adopt measures to prevent commission of crime. 2.Exclude offender from all hope of escape. 3.Insure a trial with little delay, consistent with ends of Justice. |
| What is the object of the CCP? (Parts 4,5,6 of 6) | 4.To bring investigation of each offense to trial & produce conviction or acquittal. 5.Insure a fair and impartial trial. 6.Make certain the execution of the sentence of the law when declared. |
| What is Due Course of Law in the CCP? | No citizen of this state shall be deprived of life, liberty, property, privileges or immunities or in any manner disenfranchised EXCEPT by due course of Law. |
| What are the rights of the accused? | Speedy & public trial, an impartial jury, know the nature of accusations and copy thereof, right not to testify, right to confront accusers and call witnesses in his favor and not to be held for a felony w/out indictment of grand jury. |
| What are some key points in the Right to representation by counsel? | A defendant in a criminal Matter is entitled to an attorney & a indigent defendant is entitled to have an attorney appointed to him for any offense which may result in confinement or in which the court finds the intrests of justice require representation |
| Art #1.06 (Searches and Seizures) re-states what? | The 4th amendment rights of a person to be secure in their persons, houses, papers, and possessions against UNREASONABLE searches without Probable Cause supported by an Oath or Affirmation (from a Magistrate or Judge). |
| Art #1.07 (Right To Bail)states what? | All Prisoners shall be bailable, unless for capital offenses where proof is evident. (but doesn't prevent bail in after indictment of a capital case) |
| Art #1.08(Writ of Habeas Corpus) states what? | The Writ of Habeas Corpus is a Writ of Right and SHALL NEVER be suspended. |
| Art #1.09 (Cruelty) states what? | Excessive Bail and Excessive Fines cannot be imposed nor Cruel & Unusual Punishment inflicted. |
| Art #1.10 (Jeopardy) states what? | a persons cannot be tried or punished twice for the same crime if found not guilty in a court of competent jurisdiction |
| What is Competent Jurisdiction? | A court trying an indavidual has the legal right and qualifications (based on the classification and punishment levels) to hear the matter. |
| Art #1.11 (Acquittal A Bar) states what? | Even if an individual is found not guilty in one court, IF it is later found the court didn't have competent jurisdiction to try the case, the idividual can be re-tried in a court of competent Jurisdiction. |
| Art #1.12 (Jury) states? | The right to a Jury Trial shall remain inviolate (Permanent, can't be taken away) |
| Art #1.13 (Waiver of Trial by Jury/Non Death Penalty case): | a Defendent in any case other than a Capital Felony where Prosecution seeks the death penalty SHALL have the right, upon entering a plea to Waive his right to a jury trial. |
| Art #1.13 (Waiver of Trial by Jury/Death Penalty case): | The accused upon agreement of Him, His counsel, prosecution and the court can waive right to trial by Jury, but must have legal representation. ****DOUBLE CHECK THIS**** |
| Art #1.14 (Waiver of Rights): states what? | A defendent in a criminal case for any offense (excluding restrictions on Capital Jury Trial) may wave his rights secured to him by law. |
| If a defendant doesn't object to a defect or error, etc in an indictment or information file prior to start of the trial what happens? | He forfeits his right to object to any of the errors, irregularities etc later on. |
| Art #1.15 (Jury in Felony) provides defendants with what options. | It allows for Plea bargains to be made provided the defendant pleads guilty and he, the prosecutor and the judge agree to the terms of the Plea bargain. |
| Art #1.141 (Waiver of Inditment for Non-Captital Felony) | a Defendant may in open court or in writing waive their right to indictment via grand jury and can be charged based on "information" file alone. |
| Art #1.16 (Liberty of Speech and Press) | Everyone has 1st amendment rights, but are also liable for abuse of that privilege and in any cases involving "LIBEL" Jury's have right to determine the law and facts under the direction of the court as in other cases. |
| Art #1.17 (Religious Beliefs) | No person can be disqualified to testify based on their religious beliefs or lack of same (swearing on the bible etc.) Penalties of Perjury still apply. |
| Art #1.18 (Outlawry & Transportation) | No one can be "outlawed" or transported out of the state for any offense committed in the state. |
| Art #1.21 (Privilege of Legislators)(TOTAL B.S.) | While Legistlators are in session and 1 day for every 20mi travel time before and after session, they are exempt from arrest except for Treason, Felony, or Breach of Peace. |
| Art #1.23 (Dignity of the State) | All justices from: Supreme Court, Court of Criminal Appeals, Court of Appeals and District Courts SHALL by virtue of their offices be "Conservators of the peace throughout the state" (aka...they represent "the state of Texas" |
| Art #1.24 (Public Trials) | All trials in ALL courts, SHALL be Public. |
| Art #1.25 (Confronted by Witnesses) | Defendants, upon trial shall be confronted by witnesses, except in certain cases (provided for by code) where depositions have been taken. |
| Art #1.27 (Common Law Governs) | If this code (CCP) fails to provide rule of procedure, Common Law shall be applied to Govern. |
| Art #2.09 (Who are Magistrates) | Justices & Judges of the: Supreme Court, Court of Criminal Appeals, Courts of Appeals, District Courts, Justices of the Peace, The Mayors & Recorders (Clerks), and judges of Municipal Courts of incorporated towns and cities. |
| Art #2.10 (Duties of Magistrates) | To preserve the peace within their jurisdiction by all lawful means, issue processes to aid in prevention & Suppression of Crime and to cause arrest of offenders by all lawful means that they can be brought to punishment. |
| Art #2.12 (Who are Peace Officers) | Sheriff,Deputies, constables, Marshals (of towns), Municipal Police officers, Reserve officers, Troopers, Texas Rangers, District Attorney Investigators, Game wardens, Air Port Police, Arson investigators, Municipal Park Officers, etc... |
| Art #2.121 (Railroad Peace Officers) | Have Jurisdiction over their lines, cars, personel, property, etc. They CANNOT issue traffic Citations. |
| Art #2.122 (Special Investigators) | Federal Criminal Investigators Are NOT "Peace Officers" in the state of texas they are special investigators for the Federal Government, but do have powers of arrest for Felony offenses only under Texas Law & any applicable Federal Law - No Misdemeanors |
| Art #2.123 (Adjunct Police Officers) | Have Jurisdiction over a Geographical area of a private institution of higher education. Governing board can hire up to 50 with annual agreement of Sheriff or Chief of Police & Private Institution. |
| Art #2.124 (Peace Officer from Adjoining State) | is granted the same powers as a peace officer of this state when transporting a criminal (to or from) across state line from adjoining counties for Medical Treatment (and may pursue if inmate escapes). |
| Art #2.125 (Special Rangers of the Texas & Southwestern Cattle Raisers Association (TSWCRA)) | DPS may appoint up to 50 special rangers to the TSWCRA to aid Law Enforcement in investigation of theft of Livestock or related property. They CANNOT enforce Traffic Laws. |
| Duties of A Peace Officer? | Preserver the peace within your Jurisdiction - Interfere without warrant to prevent or suppress crime. Execute all Lawful processes issued him by a magistrate or court. Give notice to a magistrate of all offenses committed in violation of the penal code. |
| Duties of A Peace Officer Continued? | Arrest offenders without warrant in every case authorized by law, in or that they can be taken before a magistrate and tried. Take posession of a child under article #63.009 (Runaway/Missing Child) |
| Art #2.16 (Neglecting to Execute Process) | Wilfull refusal or failure from Neglect to execute a legal process made his duty, subjects officer to charge of contempt and a fine not less than $10 and not more than $200 as set by the court. |
| Art #2.17 (Conservator of the Peace) | Each Sheriff Shall be a conservator of the peace in his county (AKA..Sheriff is the Top Cop of each county) |
| Art #2.18 (Custody of Prisoners) | It's the Sheriff's responsability to lock up and prevent escape of all inmates placed in his custody by a court except as allowed by bail. |
| Art #2.20 (Deputy) | A Deputy may lawfully perform any duty levied on the Sheriff. If no Sheriff (due to vacancy etc.) the duty falls to whomever is empowered to discharge the office by law. |
| Art #2.27 (Investigation of certain reports alleging Child abuse) | Report must be investigated and copy of report sent to the Department of Protective and Regulatory Services within 24hrs (should be jointly investigated). (Also includes nursing/convalescent home abuse) |
| Art #2.28 (Duties regarding misused Identity) | Arresting Agency must notify the victim of the misused Identity (for arrest) to allow that person to file for expungement & correction of records. And must notify DPS of same and whether they were able to notify the victim of the misused Identity. |
| what is Racial Profiling? | Profiling based on a person's race, ethnicity or national origin rather than on indaviduals behavior or information they identifying them (or someone matching their description) was involved in a crime. |
| Is Racial Profiling Allowed | NO!!! |
| Art #2.132 (Law Enforcement Policy on Racial Profiling) | Agencies must adopt written policy prohibiting Racial Profiling, provide for corrective action (for violations), provide for way to report suspected violations by officers, and collect certain information on every traffic stop made by officers. |
| What must be done with statistics recorded from traffic stops in regards to racial profiling? | Each Agency head must submit an annual report to the governing body of each county, Municipality or other political subdivision of the state and to TCLEOSE |
| Art #2.133 (Reports required for traffic and pedestrian stops) | Report of stops must include (about the driver: Race, Sex, reason (of stop), whether a search was conducted (consent/P.C.), reason for search (contraband/P.C./arrest/Tow/etc.). The Location and whether a warning or Citation was issued to indavidual. |
Created by:
wagner.jeff.m
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