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1. 1st Amendment
2. Court Case
- 1. Freedom Speech, Freedom of press --
- Right to peacefully assemble, right to petition
- freedom of religion
- 2. Duran vs. Douglas A.Z.
- Chipping and calling names
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1. 4th Amendment
2. Court Case
1.Search and Seizure
- 2.Mapp vs. Ohio, illegally obtained evidence will be excluded as evidence (porn)
- Terry vs. Ohio (terry patt)
- Tennessee vs. garner
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Wong Sun
Gives fruits of poison tree doctrin
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1. 5th amendment
2. court case
1.Right of the people, can not be tried twice for same crime double jeopardy, does not have to a witness against himself, due process of law.
- 2.miranda vs. arizona
- right to remain silent
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1. 6th Amendment
2. Court case
1. Right to Speedy Trial, confrontation of witnesses, Jury of State and district were crime was committed
- 2. Ir re Gault-Young boy
- gideon vs. wainwright-counsel
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1. 8th Amendment
2. court case
1. Cruel and unusual punishment, no excessive bail,
- 2. Furman vs. Georgia
- changed death penalty
- all states have own laws on death penalty
- currently 34 states have death penalty
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10th amendment
States right
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14th amendment
- Citizenship rights.
- all person born or naturalized in U.S. have same rights
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Civil law
personal and property rights of individuals
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Criminal law
prevents harm to society,declares conduct,
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elements of the offense
- 1. Guilty mind (mens Rea)
- 2. prohibited act (Actus Reus)
- 3. causation, concurrence
- .... guilty mind and prohibited act go together
(1,2,3,heart of penal code)
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Territorial jurisdiction
texas
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the 4 culpable mental states
- 1. Intentionally
- 2. knowingly
- 3. recklessly
- 4. criminal negligence
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1. act
2. Actor
3. another
1. bodily movement
2. suspect,
3.person other than the actor
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What does DEFENSES do
Replace the guilty mind portion of the elements of the offense
- Insanity, entrapment, mistake of law,
- duress, age, self defense, intoxication
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1. writ of habeas corpus "bring the body"
2. Corpus Delicti "body of the crime scene"
- 1. bring a party before a court or judge
- -----A. Must charge with a crime within 48 hours
2. the body of evidence that constitute the offence
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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
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Due process of Law
a person cannot be deprived of life or liberty or property without appropriate legal procedures and safeguards
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Probable Cause
having more evidence for than against
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Amending TX. Constitution
- Article 17 provides process
- 1. proposed changes set to legislature
- 2. 2/3 of both house approve amendment
- 2. goes to popular vote
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Causation is
Bringing about of a result.
(The Defendant caused the result of which the plaintiff complains of)
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Statutory Law is
Written law.
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What are the 5 types of Texas court structure
- 1. States Highest Appellate Courts
- ------A. Supreme Court, Court of Appeals
- 2. State Intermediate Courts
- ------A. Court of Appeals
- 3. State Trial Courts of General & Special Jurisdiction
- ------A. District Courts
- 4. County Trial Courts of Limited Jurisdiction
- ------A. Constitutional County Courts, Country Courts at Law, Statutory Probate Courts
- 5. Local Trial Courts of limited Jurisdiction
- ------A. Municipal Courts B. Justice of the Peace
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Penal Code 16.01
Unlawful Use of Criminal Instruments.
- (a)A person commits an offense if
- 1. possesses a criminal instrument with intent to use it in the commission of an offense
- 2. w/ knowledge of its character and intent to use it or aid to another in commission of offense
- ---B. criminal instruments means anything, the possession, manufacture, or sale of which is not otherwise offense, that is designed for a offense.
- ---C. One category lower then the offense
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Describe police power
power to regulate by government
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where most murder statutes /laws originated
10 commandments (hebrew law)
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Prosecuting Attorney & Court (CCP5.06)
nProsecuting Attorney & Court (CCP5.06)
May NOT dismiss or delay criminal - proceeding involving family violence
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The venue is the county in which the protective order is issued
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Jurisdiction
Regardless of venue, ALL protective orders are valid anywhere in the U.S.
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Liability
While protecting and helping the victim remove personal property, the
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Reporting requirements
In the instance of family violence a report is to be made to, including
but not limited to
-Suspects
-Complainant
-Location - -Visible injuries
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Family violence
Duties of Officers
- Protect any potential family member from Family Violence
- -Enforce the law and make lawful arrests
Protective orders - -Ex Parte - On behalf of one - Temporary Civil Order
-Emergency - Issued by JP - -Full Protective Order
Advise victim of all reasonable avenues & rights - -Shelters
-Help Groups - -Protective orders
-Notice to Adult Victims of Family Violence
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Family Violence is a
- -serious danger and threat to society and it’s members.
- Victims of family violence are entitled to the maximum protection from
- harm or abuse or the threat of harm or abuse as is permitted by the law.
- -All actions taken without regard to the relationship between the alleged offender and victim.
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Object Of The CCP
- article 1.03
- This code is intended to embrace
- rules applicable to the prevention and prosecution of offenses against the laws
- of this State, and to make the rules of procedure in respect to the prevention
- and punishment of offenses intelligible to the officers who are to act under
- them, and to all persons whose rights are to be affected by them
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Created to (CCP 1.03)
-Measure for the prevention of crime - -Exclude all hope of escape for the offender
-To produce all required evidence and investigation
-To ensure a fair and impartial trial
-To execute the sentence of the law when decided
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Who is a Magistrate? (CCP 2.09)
Judges & Justices of :- - Supreme Court
- Texas Criminal Court of Appeal
- Court of Appeals
District Court - Those Appointed by the District
---Courts of:- - Bexar County
Dallas County - Tarrant County
Travis County - ----County Court
County Court At Law with Criminal Jurisdiction - County Criminal Court
- Justice Court
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Duties of a Magistrate (CCP 2.10)
- -To preserve the peace
- -Issue Processes
- -Cause arrest for offenders to be brought to justice
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Just who can be called a peace officer?
- -Officers & Marshal’s of an Incorporated City
- -Sheriffs, Deputies & their reserves
- -Rangers & Officers of the DPS-Water District Police Officers
-Texas Parks & Wildlife Officers - -Racing Commission Investigators
- -Airport Police with a city population of more than 1.8 million
-DA Investigators
-Transport Police
-Arson Investigators
-County Park Rangers
CIA is NOT
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Rail Road Police
CCP 2.121
- DPS Director appoints up to 250 Railroad Police
- -Employed by the Railroad Companies
- -Duties include
- -Protection of RR properties
- -Passengers
- -Personnel
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Adjunct Police Officers
CCP 2.123
- -Counties under 200,000
- -50 Appointed Police Officers within a college or university
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Family Violence
Jurisdiction
- Regardless of venue, ALL protective orders are
- valid anywhere in the U.S.
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Venue
- The venue is the county in which the protective
- order is issued
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Prosecuting Attorney & Court ccp 5.06
- May NOT dismiss or delay criminal proceeding involving family violence
- May NOT require proof of any existing or current divorce and/or custody orders
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Liability
While protection and helping the victim remover personal property, the peace officer is not liable either by the act or omission for wrongful acquired items or offering assistance.
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