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Paralegal Course > Criminal Law > Flashcards

Criminal Law Flashcards

1
Q

Who taught criminal law?

A

Jane Vara

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2
Q

Phases of Criminal Case?

A

Pre-trial
Trial
Post Trial

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3
Q

Who can be arrested?

A

Anyone who is 17 years of age or older

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4
Q

Why is someone arrested?

A

Police officer has formed a belief that there is probable cause to believe a crime has been committed and the individual being arrested is the person who committed the crime.

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5
Q

What is the burden of proof needed for an arrest?

A

“more likely than not” (a very low burden)

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6
Q

Intake system

A

24/7/365 Prosecuters DA waiting, police officer calls them

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7
Q

What types of offenses result in an arrest?

A

Class A, B, & C Misdemeanors
State Jail Felony
1st, 2nd, 3rd Degree Felonies
Capital Murder

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8
Q

Types of Misdemeanors

A

3 types
Class C
Class B
Class A

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9
Q

Class C misdemeanor jurisdiction is with ____________________________.

A

municipal and JP courts

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10
Q

Class B misdemeanor jurisdiction is with

A

County Criminal Courts at Law.

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11
Q

Class A misdemeanor jurisdiction is with

A

County Criminal Courts at Law.

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12
Q

Class C misdemeanors may be appealed

A

to a higher court.

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13
Q

Class C misdemeanors may be appealed to a higher court.

A

True

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14
Q

May arrest for Class C misdemeanors except

A

speeding and having an open container in vehicle.

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15
Q

Refusing to sign a ticket will

A

always get you arrested.

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16
Q

____________________ is not within the punishment range.

A

Confinement

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17
Q

Confinement for Class C misdemeanors

A

is not within the punishment range.

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18
Q

Confinement is not within the punishment range for Class C misdemeanors.

A

True

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19
Q

Class B jurisdiction is with

A

County Criminal Courts at Law.

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20
Q

What Jurisdiction are Class C, B, and A misdemeanors?

A

C: municipal and JP courts
B: County Criminal Courts at Law
A: County Criminal Courts at Law

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21
Q

Class B and A misdemeanors jurisdiction are both with County Criminal Courts at Law.

A

TRUE

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22
Q

Class C misdemeanor jurisdiction is with municipal and JP courts.

A

TRUE

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23
Q

Class B misdemeanor punishment range is

A

from probation up to 6 months in county jail.

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24
Q

The punishment range of probation up to 6 months in county jail is for

A

Class B misdemeanors.

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25
Q

Class B misdemeanor punishment range is from probation up to 6 months in county jail.

A

TRUE

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26
Q

Class B misdemeanor you can _________ be arrested.

A

always

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27
Q

Class B misdemeanor you can always be arrested.

A

TRUE

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28
Q

Class A jurisdiction is with County Criminal Courts of Law.

A

TRUE

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29
Q

Class A misdemeanor punishment range is from

A

probation up to one year in county jail.

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30
Q

Class A misdemeanor punishment range is from probation up to one year in county jail.

A

TRUE

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31
Q

The punishment range of probation up to one year in county jail applies to

A

Class A misdemeanor.

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32
Q

For a Class A misdemeanor you can _______________ be arrested.

A

always.

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33
Q

For a Class A misdemeanor you can always be arrested.

A

TRUE

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34
Q

Felony Types

A 
State Jail Felony
Third Degree Felony
Second Degree Felony
First Degree Felony
Capital Murder
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35
Q

Felony jurisdiction is with

A

Criminal District Courts

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36
Q

Criminal District Courts have jurisdiction over

A

felonies.

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37
Q

Felony jurisdiction is with Criminal District Courts.

A

TRUE

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38
Q

State jail felony punishment range is

A

from probation or 6 months to 2 years in State Jail Facility.

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39
Q

Punishment range for State Jail Felony is

A

from probation or 6 months up to 2 years in State Jail Facility.

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40
Q

What State Jail Felony could get you probation under what circumstances?

A

Possession of cocaine less than 1 gram with no priors.

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41
Q

What qualifies as a State Jail Felony?

A

Possession of Controlled Substance less than 1 gram and 4th prostitution

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42
Q

What is the punishment range for 3rd degree Felony?

A

probation or 2 to 10 years in the prison.

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43
Q

What qualifies as 3rd degree Felony?

A
  • Intoxication Assault, 3rd DWI, 2nd Assault

- Family Violence

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44
Q

Probation or 2 to 10 years in prison

A

is punishment range for 3rd degree felonies.

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45
Q

2nd degree Felony example

A

aggravated assault - deadly weapon or by threat. either weapon used, or injure to point of serious bodily injury?

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46
Q

2nd degree felony punishment range is

A

from probation or 2 to 20 years in the prison.

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47
Q

Probation or 2 to 20 years in the prison is punishment range for

A

2nd degree felony.

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48
Q

First degree felony (stuff that makes the news) is

A

murder, aggravated robbery, aggravated sexual assault.

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49
Q

Punishment range for 1st degree felony is

A

RARE case- probation, or 5 to 99 years or life in prison, up to a $10,000 fine.

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50
Q

5 to 99 years or life in prison, rare case probation, and up to $10,000 fine is punishment range fore

A

1st degree felonies.

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51
Q

If you are sentenced to confinement and it is labeled aggravated, a 3G offense,

A

it is auto serve half flat, before eligible for parole.

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52
Q

3G offense got its name for the section of the law. A judge cannot give ______________, but a jury can on a 3G offense.

A

probation except see BUT Sept 1, 2007

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53
Q

BUT as of September 1, 2007, a jury is no longer able to recommend probation for the following offenses:

A
  1. Murder
  2. Indecency with Child by Contact if victim is younger than 14
  3. Aggravated Sexual Assault if victim is younger than 14
  4. Aggravated Kidnapping if victim was younger than 14 and kidnapped with intent to commit sexual assault
  5. Sexual Performance by a Child (video, club, prostitution)
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54
Q

Capital Murder is very narrowly drawn in Texas.

A

Capital murder is very narrowly drawn in Texas.

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55
Q

Capital Murder is defined in Texas as

A
  1. Killing a police officer in the line of duty
  2. Murder while in course of committing another felony
  3. Killing more than one individual in the same criminal transaction
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56
Q

The punishment for Capital Murder is

A

life in prison without parole or death.

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57
Q

You can be arrested for any felony.

A

TRUE

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58
Q

What happens after an arrest?

A
  1. Taken to jail
  2. Magistrate reads defendant his warnings
  3. Bond is set
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59
Q

What is bond meant to do?

A

secure the appearance of the defendant.

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60
Q

Bond is not meant to punish the defendant, because

A

so far it is just an accusation. Innocent until proven guilty. Bond is just meant to secure the appearance of the defendant.

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61
Q

What is taken into consideration when considering bond?

A
  1. Criminal history
  2. Nature of offense
  3. Defendant’s ability to post bond
  4. Ability to flee
  5. Safety of public
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62
Q

In some cases a _______________ is set.

A

no bond.

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63
Q

In some cases a “no bond” is set.

A

TRUE

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64
Q

PR Bond?

A

personal recognizance

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65
Q

What is the age of culpability?

A

17 years old

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66
Q

I have never been arrested.

A

TRUE

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67
Q

Sometimes a “no bond” is set in the case of a _____________________, someone who has been twice convicted of a felony before, and this arrest is the 3rd charge.

A

true habitual

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68
Q

At the initial court appearance

A

representation, enter a plea (generally not guilty), and attorney and state negotiate

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69
Q

What representation options are there?

A
  1. Hire an attorney
  2. Request appointed counsel if you can prove indigence
  3. If incarcerated, some courts will presume indigence
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70
Q

indigence (related to attorney hiring)

A

truly can’t afford an attorney

71
Q

disposition of a criminal case

A

settlement of a criminal case

72
Q

3 ways for disposition of a criminal case

A
  1. Dismissal
  2. Plea
  3. Trial
73
Q

Motions in Trial

A
  1. Discovery Motion
  2. Brady Motion
  3. Motion to Suppress Evidence
74
Q

Discovery Motion is

A

a method of getting information.

75
Q

Discovery motion is governed by

A

Code of Criminal Procedure.

76
Q

Discovery motion should be filed in every criminal case.

A

TRUE

77
Q

Discovery motion is somewhat limited. Always entitled to a client’s statement, but other statements are only discoverable after an individual testifies.

A

TRUE

78
Q

Brady motion came from the case

A

Brady v. Maryland

79
Q

Brady motion is the

A

absolute duty to turn over any evidence that defendant is innocent.

80
Q

Brady motion is the

A

formal method by which you obtain evidence that is favorable to a defendant. The absolute duty to turn over any evidence that the defendant didn’t do it.

81
Q

The formal method by which you obtain evidence favorable to a defendant is the

A

Brady Motion.

82
Q

Brady evidence is called

A

exculpatory evidence.

83
Q

Exculpatory evidence is

A

Brady evidence that tends to show that defendant did not commit the crime or evidence that mitigates his punishment.

84
Q

Prosecutor has an absolute duty to turn such evidence(Brady) over to the defense if it is in the State’s possession.

A

TRUE

85
Q

Grand Jury is

A

12 citizens who hear probable cause.

86
Q

A no-bill is when the case stops right there. there is no probably cause to believe offense is committed.

A

TRUE

87
Q

A Grand Jury can True Bill or No Bill a case.

A

TRUE

88
Q

During a Grand Jury a defense attorney can put together a grand jury packet, but cannot be there to present it.

A

TRUE

89
Q

If a Grand Jury True Bill’s a case it moves towards trial.

A

TRUE

90
Q

Brady Motion is one of the most important to file.

A

TRUE

91
Q

Motion to Suppress Evidence is

A

method by which you attempt to keep evidence out of trial that harms the defendant.

92
Q

Motion to Suppress Evidence is

A

method by which you attempt to keep evidence out of trial that harms the defendant.

93
Q

Method by which you attempt to keep evidence out of trial that harms the defendant.

A

Motion to Suppress Evidence

94
Q

Motion to suppress Evidence examples to suppress could be

A

coerced statements, physical evidence

95
Q

Before taking a statement from someone in custody s/he must be read

A

miranda rights

96
Q

Trial Option

A

Jury or Court

97
Q

In a Court trial, judge decides

A

both guilt/innocence and punishment

98
Q

Best option is usually jury trial, unless there is truly only legal issue, no facts in debate, and you know the judge.

A

TRUE

99
Q

In a felony jury trial there are

A

12 jurors.

100
Q

In a misdemeanor jury trial there are

A

6 jurors.

101
Q

“all i need is 1” refers to

A

lawyers hope to “hang a jury”

102
Q

Order of a Trial

A
  1. Voir Dire
  2. Opening Statements
  3. Presentation of Evidence
  4. Closing Arguments
  5. Receive Verdict
  6. Punishment Phase
    - from the outline
103
Q

Batson Motion

A

must state a race or gender neutral reason why the potential juror was struck

104
Q

Order of Opening Statements

A
  1. State

2. Defense

105
Q

Presentation of Evidence order

A
  1. State

2. Defense

106
Q

Closing Arguments Order

A
  1. State
  2. Defense
  3. State
107
Q

Receive Verdict if guilty, punishment phase begins. If not guilty, it’s over.

A

TRUE

108
Q

Two methods of appeal post trial

A
  1. Direct Appeal

2. Writ of Habeas Corpus

109
Q

Direct Appeal is based on what is in the record.

A

TRUE

110
Q

Direct appeal (based on what is in the reccord) go to appellate Courts in Houston which ones?

A

1&14.

111
Q

Appellate Courts? 2 types?

A
  1. Court of Appeals

2. Criminal Court of Appeals

112
Q

Appeals must be filed. Must file Notice of Appeal. The only automatic appeal is in

A

death penalty cases.

113
Q

Direct appeal is review of question of law, not fact.

A

TRUE

114
Q

Only a small percentage of cases are reversed on appeal.

A

TRUE

115
Q

Writ of Habeas Corpus

A

set my body free

116
Q

Writ of Habeas Corpus may raise issues

A

outside the record.

117
Q

Writ of Habeas Corpus may raise issues

A

outside the record.

118
Q

What type of appeal may raise issues outside the record?

A

Writ of Habeas Corpus

119
Q

What could be raised outside of the record in a Writ of Habeas Corpus appeal?

A
  1. Actual Innocence
  2. DNA
  3. Ineffective Assistance of Counsel
120
Q

DNA

A

deoxyribonucleic acid

121
Q

Writ of Habeas Corpus appeal goes directly to

A

Court of Criminal Appeals (Texas Highest Court)

122
Q

Writ of Habeas Corpus appeal may have a hearing in the convicting court regarding issues raised in the writ.

A

TRUE

123
Q

Juvenile Law - who is a juvenile in court?

A

A person who commits a criminal offense and is at least 10 years of age but not older than 16 years of age.

124
Q

Can a juvenile be arrested?

A

No, only 17+ are arrested, juveniles are “detained”

125
Q

Juveniles may be charged with

A

misdemeanors and felonies. Anything adult can be charged with, so can juvenile.

126
Q

Juvenile court is a hybrid of

A

civil and criminal law.

127
Q

The absolute minimum age for a juvenile is

A

10.

128
Q

Class C offenses are handled in

A

JP and municipal courts like adult offenses.

129
Q

If Class B misdemeanor or above a juvenile may be ________________ at the time of the offense.

A

detained

130
Q

A ____________________ may also be issued for a juvenile.

A

directive to apprehend

131
Q

If a judge finds probable cause to detain exists, a _______________________ can be issued for a juvenile.

A

directive to apprehend

132
Q

Juveniles do not go to jail, they go to

A

juvenile detention center.

133
Q

A __________________________ is issued when a judge finds _______________________________.

A
  1. directive to apprehend

2. probable cause to detain exists

134
Q

probable cause to detain exits

A
  1. crime has been committed

2. violation of probabtion

135
Q

Procedure for getting juvenile released from detention

A
  1. Hearing before one of three judges
  2. Considers factors
  3. May be placed on pre-adjudication supervision
136
Q

Name the three judges a juvenile might see.

A
  1. Magistrate Judge
  2. District Court Judge
  3. Master in District Court
137
Q

What are the factors considered in a juvenile detention hearing.

A
  1. will the juvenile run away or will his parent take him away from jurisdiction
  2. does juvenile have appropriate supervision
  3. does juvenile have a parent or guardian who can transport him to court
  4. is the juvenile a danger to the community or himself
  5. has the juvenile been found to be a delinquent child previously or been convicted of an offense punishable by term in jail or prison
  6. is the juvenile likely to commit another offense if released
138
Q

When is a juvenile detention hearing heard?

A

in first 48 hours, and then every 10 days.

139
Q

In court the terminology is different for a juvenile.

A

true

140
Q

Juvenile is called a

A

respondent.

141
Q

Juvenile is charged by a

A

petition.

142
Q

in Juvenile law, Trial is called an

A

adjudication hearing.

143
Q

Juveniles are not “guilty” or “not guilty”; they are

A

found to have engaged in delinquent conduct or found not to have engaged in delinquent conduct.

144
Q

In Juvenile law, instead of a punishment phase of trial, there is a ___________________ after the adjudication hearing.

A

disposition phase

145
Q

In juvenile law, instead of a punishment phase of trial, there is a __________________________- after the adjudication hearing.

A

disposition phase

146
Q

Protections given to juveniles

A
  1. Before juvenile gives a statement to police, a neutral magistrate must read the juvenile his Miranda warnings
  2. Prior to beginning the adjudication hearing juvenile must be warned by judge of charges, nature and possible consequences, right against self-incrimination, right to trial and to confront witnesses, right to an attorney, and right to have trial jury
147
Q

Before a juvenile gives a statement to police a ________________________ must read the juvenile his Miranda warnings.

A

neutral magistrate

148
Q

Before a juvenile gives a statement to police, a ______________________ must read the juvenile his Miranda warnings.

A

neutral magistrate

149
Q

In a juvenile case, the states burden is

A

beyond a reasonable doubt.

150
Q

The adjudication hearing

A
  1. juvenile has a right to a jury trial
  2. Follows civil rules of procedure
  3. Follows criminal rules of evidence
  4. Illegally seized or obtained evidence still not admissible
  5. juvenile can withdraw their plea of guilty if judge does not follow plea bargain
151
Q

The adjudication hearing follows

A

civil rules of procedure and criminal rules of evidence.

152
Q

The disposition hearing the child does not have a right to a jury unless

A

it is a determinate sentencing proceeding.

153
Q

At the disposition hearing the courts consider

A

written reports from probation officers, psychologist, therapists, and witness testimony allowed at that phase.

154
Q

Before placing the child outside of his home (it is the court’s first goal to keep the kid in own home), the Court must find that juvenile’s home enviroment is

A

not conducive to the juvenile to meet the conditions of probation.

155
Q

TYC

A

Texas Youth Commissions

156
Q

Prosecutor presents petition to grand jury for approval of determinate sentencing.

A

true

157
Q

determinate sentencing applies when juvenile is a habitual felon or has committed the following offenses among others:

A
  1. Murder
  2. Capital Murder
  3. Manslaughter
  4. Aggravated Sexual Assault
  5. Sexual Assault
  6. Aggravated Sexual Assault
  7. Aggravated Assault
  8. Aggravated Robbery
158
Q

What is Determinate Sentencing in Juvenile Court?

A

No, really. What is determinate sentencing in juvenile court? (sentencing for a fixed length of time that goes past age of being juvenile?) ?

159
Q

If determinate sentencing case reaches disposition hearing, it allows the prosecutor to ask a jury for the following sentences

A
  1. 40 years for Capital felony, first degree felony, aggravated controlled substance felony
  2. 20 years for second degree felony
  3. 10 years for third degree felony
160
Q

In a determinate sentencing case a jury may still give probation.

A

true

161
Q

TYC (Texas Youth Commissions) will keep until ______ years of age and then transfer hearing is heald.

A

19

162
Q

Determinate sentences _________be sealed.

A

can not

163
Q

In order to transfer a juvenile case to adult criminal court, a _______________________ is held.

A

certification hearing

164
Q

In order to transfer a juvenile case to adult criminal court, a ___________________________ is held.

A

certification hearing

165
Q

a juvenile certification hearing is

A

held in order to transfer a juvenile case to adult criminal court.

166
Q

Juvenile cases can only be transferred to adult court where a ____________has been committed.

A

felony

167
Q

Juvenile must be at least _________ years of age and _______________, __________________, or _____________________ in order for a case to be eligible for certification.

A
  1. 14

2 capital felony, first degree felony, or aggravated controlled substance felony

168
Q

Juvenile must be at least ______ years of age and have committed a second degree, third degree, or state jail felony in order for a case to be elgible for certification.

A

15

169
Q

Judge in juvenile case determining adult charge considers the following:

A
  1. probable cause to believe that juvenile committed the offense
  2. seriousness of offense
  3. background of the juvenile
  4. does the welfare of the community require that certification take place
170
Q

Information judge in juvenile case determining adult charge must have:

A
  1. Diagnostic study
  2. Social evaluation
  3. Investigation of the juvenile’s background
  4. Circumstances of alleged offense
    (almost everything is admissible at the hearing, in essence it is a probable cause hearing)
171
Q

Generally, an attorney is hired and paid by the juveniles parents.

A

true

172
Q

The attorney/client relationship is between the attorney and the juvenile.

A

true

173
Q

The attorney can not disclose anything to the parents without the juvenile’s permission.

A

true

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