Constitution Flashcards

(50 cards)

1
Q

How many sections to the Constitution?

A

3 sections

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2
Q

What’s the first section of the Constitution?

A

Preamble

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3
Q

What’s the second section of the Constitution?

A

Articles (Meat)

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4
Q

What’s the third section of the Constitution?

A

Amendments

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5
Q

What is a Writ of Habeas Corpus?

A

Objective of bringing party before court (used to get out of jail)

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6
Q

What is the purpose of a Constitution?

A
A social contract
Legitimizes government
Authorizes force
Spells out powers and limitations
Historical documents
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7
Q

What are provisions of modern Constitutions?

A
Bill of rights (MOST IMPORTANT)
Separation of powers
Judicial appeal
Provides for local governments
Provides for changes
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8
Q

What does the First Amendment guarantee?

A

Freedom of religion, speech, press, lawful assembly, redress of grievances

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9
Q

What does the FOURTH Amendment guarantee?

A

(Protect from unreasonable search and seizures). Secure in their persons, houses, papers, and effects.)

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10
Q

What does the FIFTH Amendment guarantee?

A

(called DUE PROCESS clause) Double jeopardy - witness against self; due process; self-incrimination

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11
Q

What does the SIXTH Amendment guarantee?

A

Speedy and public trial, right to confront witnesses, right to subpoena witnesses, right to attorney in criminal cases, trial by jury (criminal)

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12
Q

What does the EIGHTH Amendment guarantee?

A

Freedom from Cruel and Unusual Punishment

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13
Q

What does the NINTH Amendment do?

A

Implicit Rights (not all inclusive here, you can have other rights too – catch all)

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14
Q

What is the 10th Amendment for?

A

States Rights powers. (reserved powers clause)

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15
Q

What does the 14th Amendment do? (1868)

A

Due process, equal protection

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16
Q

Do the police charge criminals?

A

No. They ACCUSE and RESTRAIN

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17
Q

What is ARRAINGMENT known as in Texas?

A

Magistration

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18
Q

TX Constitution Section 3?

A

EQUAL RIGHTS

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19
Q

TX Constitution Sec 3a?

A

EQUALITY UNDER THE LAW

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20
Q

TX Constitution Sec 6?

A

FREEDOM OF WORSHIP

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21
Q

TX Constitution Sec 8?

A

FREEDOM OF SPEECH AND PRESS; LIBEL

22
Q

TX Constitution Sec 9?

A

SEARCHES AND SEIZURES

23
Q

TX Constitution Sec 10?

A

RIGHTS OF ACCUSED IN CRIMINAL PROSECUTIONS

24
Q

TX Constitution Sec 11?

A

BAIL. You can be ONLY be denied bail for CAPITAL OFFENSES

25
TX Constitution Sec 11a?
MULTIPLE CONVICTIONS, DENIAL OF BAIL
26
TX Constitution Sec 12?
HABEAS CORPUS
27
TX Constitution Sec 13?
Excessive Bail or fines, cruel or unusual punishment, remedy by due course of law
28
TX Constitution Sec 14?
Double Jeopardy
29
TX Constitution Sec 15?
COMMITMENT OF PERSONS OF UNSOUND MIND
30
TX Constitution Sec 16?
BILL OF ATTAINER, EX POST FACTO OR RETROACTIVE LAWS, IMPAIRING OBLIGATION OF CONTRACTS
31
TX Constitution Sec 18?
IMPRISONMENT FOR DEBT
32
TX Constitution Sec 19?
DEPRIVATION OF LIFE, LIBERTY, ETC. DUE COURSE OF LAW
33
TX Constitution Sec 20?
OUTLAWRY
34
TX Constitution Sec 22?
TREASON
35
TX Constitution Sec 23?
RIGHT TO KEEP/BEAR ARMS
36
TX Constitution Sec 24?
MILITARY SUBORDINATE TO CIVIL AUTHORITY
37
TX Constitution Sec 27?
RIGHT OF ASSEMBLY
38
TX Constitution Sec 28?
SUSPENSION OF LAWS
39
TX Constitution Sec 30?
RIGHTS OF CRIME VICTIMS
40
What are the 4 police type structures?
City, County, State, Federal
41
What are the 4 court type structures?
Municipal, County, State, Federal
42
What are the 5 components of the correctional system?
Municipal fines, County Jail, State Prison, Probation, Parole
43
What is a civil law (Tort)?
A civil law which defines personal/property rights of individuals
44
What is a criminal law?
Law which the purpose of preventing harm to society (a) declares what conduct is criminal, and (b) prescribes the punishment to be imposed for such conduct.
45
Components of civil law?
private rights/responsibility, anybody for anything, plaintiff: anyone, burden: preponderance, remedy: compensation/relief
46
Components of criminal law?
regulate conduct/morality, codified/specific, plaintiff: always the government, burden: beyond reasonable doubt, remedy: punishment
47
What are the 7 broad types of crime?
``` Capital Murder Felony 1 Felony 2 Felony 3 Class A Misdemeanor Class B Misdemeanor Class C Misdemeanor ```
48
What are the 3 effects of criminal justice component interaction?
* Increased arrests causes increase in court dockets * Court dispositions increase correctional populations * Correctional releases (parole and time complete) often impacts police functions if correctional system fails.
49
Who is considered the father of modern policing?
Sir Robert Peel
50
What is discussed in Article 17 of the Texas Constitution?
Amending constitution.