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50 Cards in this Set

  • Front
  • Back
The Texas Code of Criminal Procedure is a collection of statutes governing procedures in ___ ____ & ____.
criminal investigations and trials
Texas criminal cases have been conducted using a code of procedure since ____. Throughout the years, the Texas Legislature added new rules, changed existing rules, and repealed rules. In ____, the Legislature restructured previous codes and created the Texas Code of Criminal Procedure.
1925
1965
Article 1.03 sets out the Code’s intent, provides objectives, and establishes rules for the prevention and prosecution of crimes in Texas. The objectives seek to provide the following: (6)
• adopt measures to prevent crime;
• create rules to prevent criminals from escaping;
• set out trial procedures;
• make available as much evidence as possible;
• guarantee guidelines for fair and impartial trials; and
• provide rules to make sure sentences are properly executed.
The Code is divided into ____ sections, which are further divided into chapters and articles containing definitions, procedures, and rules pertaining to investigations, trials, and appeals.
two
Article 3.04(2), C.C.P., defines public servants by referring to the definition located in the Penal Code. Section 1.07, P.C., states that a public servant is a person who is elected, selected, appointed, or employed even if _____________.
he or she has not yet qualified for office or assumed his or her duties
6 types of public servants
• officer, employee, or agent of the gov't;
• a juror or grand juror;
• an arbitrator, referee, or person authorized by law or private written agreement to hear/determine a cause or controversy;
• an attorney at law or notary public when performing duties of a governmental function;
• candidate for nomination or election to public office; or
• person performing a governmental function under a claim of right although he or she is not legally qualified to do so.
Since municipal judges, court clerks, and deputy court clerks are elected, appointed, or employed by a governmental agency, they are _______.
public servants
Definition of jurisdiction
Jurisdiction is the legal power or authority over certain geographical areas and certain crimes.
7 types of municipal jurisdiction
1. Geographical
2. Exclusive original
3. Concurrent
4. Subject matter
5. Bond forfeitures
6. Alcohol Bev Code offenses
7. Complaints initiative
The geographical jurisdiction of municipal courts is the _____________.
territorial limits of the city
Sec. 29.003, G.C., also defines municipal court jurisdiction and provides that municipal court geographical jurisdiction includes ___________.
property owned by the city in the city’s extraterritorial jurisdiction
Exclusive jurisdiction means
that a court’s authority to try certain cases is not shared with another court.
Original jurisdiction means that a court has authority to try a case and pass judgment on the law and facts as distinguished from
from appellate jurisdiction.
Exclusive original jurisdiction means that the court in which a case is filed has ___________.
sole jurisdiction (authority) and no other court has jurisdiction to hear and determine the case.
Municipal courts have exclusive original jurisdiction over violations of __ __ & violations of rules, resolutions, or orders of a __ __ __under Sec 22.074, T.C. Sec. 29.003, G.C. & Art 4.14, C.C.P. These cases, however, can be __.
city ordinances
joint airport board
appealed
There is one exception to municipal court’s exclusive original jurisdiction over city ordinance violations—city ordinances involving __ __ in the city’s extraterritorial jurisdiction.
sign violations
A __ __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, L.G.C., regarding sign ordinances. Art. 4.11(c), C.C.P.
justice court
Municipal courts share some of their jurisdiction with other courts—_______courts & ___ & ___ courts.
justice of the peace
district
county
__ ___ means that cases may be filed in any of the courts that have authority over certain types of offenses.
concurrent jurisdiction
The municipal court has concurrent jurisdiction with the _____ court of a precinct in which the municipality is located.
justice of the peace
Chapter 503, T.C., provides that municipal courts have concurrent jurisdiction with the justice courts county court, and ____ for enforcement of Chapter 503.
county court at law
The governing body of a municipality may, by ordinance, provide that the municipal court of record has civil jurisdiction within the territorial limits and the extraterritorial limits for enforcing __ __ & __ __ ordinances. This jurisdiction is concurrent with a district court or a county court at law for the purpose of enforcing __ & __ OR __ __ ordinances. Sec. 30.00005, G.C.
dangerous structures
junked vehicle
health and safety
nuisance abatement
Article 4.14, C.C.P., provides that ___ courts have jurisdiction over fine-only offenses that include other sanctions that do not consist of confinement in jail or imprisonment.
municipal
Article 4.14(b)(2), C.C.P., provides _____ court authority over offenses in Chapter 106 of the Alcoholic Beverage Code that do not include confinement as an authorized sanction.
municipal
Article 45.018, C.C.P., provides that a complaint is a ______________. Thus, a complaint filed in a municipal court gives the court jurisdiction over a defendant.
sworn allegation charging the accused with the commission of an offense.
Article 27.14(d), C.C.P., provides that the court may use a written notice to appear (citation) to serve as the complaint for the defendant to plead to. If the defendant pleads not guilty, a sworn complaint that complies with Chapter 45 must be filed unless the prosecutor and the defense ___________. The agreement should be filed with the court.
agree in writing to proceed to trial on the citation
Article 12.02, C.C.P., provides that in cases of misdemeanors, the charge must be filed with the court within ___ years from the date of the commission of the offense. Therefore, if a charge is not filed within the required time limitation, the municipal court does not have jurisdiction. This rule is commonly called the _____.
two
“statute of limitations.”
Municipal court defendants have the same ____ as defendants charged in any criminal court in Texas. The
rights
Article 1.05, Rights of Accused. All municipal court defendants have:
− the right to a speedy public trial by an impartial jury;
− the right to know the nature and cause of the accusation against them and to have a copy of the complaint;
− the right not to give evidence against themselves;
− the right of being heard;
− the right to be confronted with witnesses against them; and
− the right to compulsory process (subpoenas) for obtaining witnesses in their favor.
Article 1.07, Right to Bail. All prisoners shall be bailable unless for __________. Thus, all municipal court defendants have a right to bail.
capital offenses when the proof is evident
Article 1.10, Jeopardy. No person may be tried twice for the same offense after a verdict of not guilty in a court of competent jurisdiction. This is called ___ ____.
double jeopardy.
Article 1.12, Right to a Jury. The right of a trial by jury shall remain inviolate. Inviolate means ______________. Thus, municipal court defendants have a right to a jury trial.
that the right cannot be violated and is free from any impairment
Article 1.24, ____ Trial. The proceedings and trials in all courts shall be ____.
Public
public
Chapter 55, Expunction of Criminal Records. This chapter provides that a person who has been arrested and then acquitted at trial has a right to petition the court to _______.
expunge his or her records
Article 45.0215 requires courts to summon the parent, guardian, or managing conservator and have him or her appear in court with their child who is younger than __.
17
Article 45.0216 requires courts to admonish persons under the age of 17 charged with a penal offense of their right to ____ and give a copy of the statute to the child and parent.
expunction
Article 45.050 provides proceedings for persons under the age of 17 who _____ or _______.
fail to pay a judgment
violate a court order
Article 45.056 allows municipal courts, with the consent of the city council, to ____________.
employ a juvenile case manager
Article 45.054 sets out rules for conducting proceedings in ___________ cases. The court must give a copy of Article 45.055 to the individual and his or her parent.
failure to attend school
Article 45.055 requires courts to admonish an individual convicted of the offense of ______ of his or her right to expunge the conviction.
“failure to attend school”
Article 45.057 provides _________ that the court may require of a person under the age of 17 upon conviction.
rehabilitative sanctions
Article 45.058 provides rules for taking ____ into custody.
children
Article 45.059 provides rules for taking children into custody who are in violation of a __ __ __.
juvenile curfew order
Complaint is defined in Article 45.018, C.C.P., as a _____________________.
sworn allegation charging the accused with the commission of an offense.
Article 45.019, C.C.P., states that a complaint “is sufficient without regard to its form if it substantially satisfies the requisites of Article 45.019....” Clerks should rely on the __ __ to draft the wording and form of complaints.
city attorney
Article 1.05, C.C.P., states that defendants have a right to know the nature and cause of an accusation against them and ______________.
to have a copy of the complaint
Article 45.018, C.C.P., provides that a defendant in municipal or justice court is entitled to notice of a complaint not later than ________. The defendant, however, may waive the right to notice.
the day before any proceeding in the prosecution
If a defendant does not object to defects in the complaint before _______________, the defendant waives and forfeits the right to object to the defect. Art. 45.019(f), C.C.P.
the date in which the trial on the merits commences,
A written notice, or ____, may be accepted to serve as the complaint for a defendant to plead guilty, __ ___, or not guilty. Art. 27.14(d), C.C.P.
citation
nolo contendere
The defendant must have been given a __ __ copy of the citation.
legible duplicate