Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
40 Cards in this Set
- Front
- Back
|
1st Amendment
|
Freedom Speech, press, assemble, petition, religion (SPARP)
( Duran vs. Douglas A.Z. ) |
|
|
4th Amendment
|
Search and Seizure
|
|
|
Wong Sun
|
Fruits of a poisonous tree. Can't use evidence that was obtained illegally.
|
|
|
5th Amendment
|
double jeopardy, does not have to a witness against himself, due process of law.
|
|
|
Due Process
|
impartial judge and jury, right to present evidence on one's own behalf, the right to confront one's accuser, the right to be represented by counsel, etc
|
|
|
14th amendment
|
* Citizenship rights.
* all person born or naturalized in U.S. have same rights |
|
|
6th Amendment
|
Right to Speedy Trial, confront witnesses, Jury of State and district were crime was committed
|
|
|
9th Amendment
|
Keep your personal rights.
|
|
|
10th amendment
|
States rights; Police Powers
|
|
|
three tears of Criminal Justice System
|
* police
* courts * corrections |
|
|
Civil law
|
personal and property rights of individuals
|
|
|
Criminal law
|
prevents harm to society,declares conduct Criminal
|
|
|
elements of the offense
|
Act, Culpable mental state, result
|
|
|
the 4 culpable mental states
|
* 1. Intentionally
* 2. knowingly * 3. recklessly * 4. criminal negligence |
|
|
writ of habeas corpus
|
bring the body
|
|
|
The first 4 Articles of Constitution
|
* 1. Legislative "Senate and house of Representatives"
* 2. Executive "President and Vice President" * 3. Judicial "Federal Court" * 4. The States |
|
|
Article 17 tx Constitution provides process
|
* 1. proposed changes set to legislature
* 2. 2/3 of both house approve amendment * 2. goes to popular vote |
|
|
Causation is
|
Cause and effect (The Defendant caused the result)
|
|
|
Statutory Law is
|
Written law
|
|
|
Unlawful Use of Criminal Instruments.
|
# 1. possesses a criminal, Know what its used for and intend on using it
|
|
|
Venue is
|
the county in which the protective order is issued
|
|
|
Protective orders are valid where?
|
Regardless of venue, ALL protective orders are valid anywhere in the U.S.
(Venue is where the order was issued) |
|
|
When removing property from a house after a writ of poession OR for a protective order whos liable 4 the stuff
|
peace officer is not liable either by act or omission for wrongfully acquired
items or offering assistance |
|
|
______ is Single Sided (Example is a Emergency Protective order) (Judge gives a protective order w/o hearing both sides.)
|
What is Ex Parte
|
|
|
CCP was created to (1.03)
|
*Help prevent / deter crime
*Exclude all hope of escape *To produce all required evidence and investigation -To ensure a fair and impartial trial -To execute the sentence of the law when decided |
|
|
what are the Duties of a Magistrate (CCP 2.10)
|
-To preserve the peace
-Issue Processes -Cause arrest for offenders to be brought to justice |
|
|
Who are NOT police officers
|
CIA, FBI, DEA, ATF, any FEDERAL Officer IS NOT a peace officer
|
|
|
Rail Road Police
|
DPS Director appoints up to 250 Railroad Police
-Employed by the Railroad Companies -Protection of RR properties & Passengers |
|
|
Who are Adjunct Police Officers
|
College Cop. (Can have up to 50, and jurisdiction ONLY 1 mile outside of their college campus)
|
|
|
FORCIBLE ENTRY AND DETAINER is an action to?
|
action to evict a current tenant who defaulted on the leas
|
|
|
______ is a Court order to the Constable to place you in possession of the property
|
Writ of Possession
|
|
|
COERCION means to?
|
Threatin BUT NOT to stop someone from doing something. (NOT) example: preventing another from acquiring information likely to affect his judgment in a transaction
|
|
|
________is court order which compels someone to execute a duty which he or she is legally compelled to complete
|
Writ Of Mandamus
|
|
|
what amendment is due process of law fall in
|
14th
|
|
|
Who is the Conservator of the peace ?
|
Sheriff
|
|
|
a Complaint is also called a ____ which alleges an offense is called
|
affidavit
|
|
|
A __________ is the written statement of a grand jury accusing a person therein named of some act or omission which, by law, is declared to be an offense.
|
indictment
|
|
|
Delinquent Conduct is?
|
is a CHILDS conduct, EXCLUDING traffic offenses, that violates the Penal Laws of this State
|
|
|
3rd Amendment
|
3's a crowd (it would be crowded if soldiers were allowed in your home)
|
|
|
7th Amendment
|
Trail By Jury on Civil Cases. more than $20 dollars (27 amendments - 7 = $20)
|
