Forth Test Flashcards
Commitment
An order signed by the magistrate detecting the sheriff to receive and place in jail the person so committed.
Warrant of Arrest
A written order from a magistrate, directed to a peace officer or some other person specially named, commanding him to take the body accused of an offense, to be dealing with according to law.
Capias
Issues by a judge of the court having jurisdiction of a case after commitment or bail and trial, or by a clerk at the direction of the judge- directed to any peace officer
Requisites
-in the name of The State Of Texas
-name the person whose arrest is ordered, if no make describe
-specify the offense in which accused
-that it name the court to which the time when it is returnable
-that it to be dated and attested officially by the authority issuing
Capias or Summons in felony
A Capias shall be issued by the district clerk upon each indictments for felony presented, after bail has been set or denied by the judge of the court.
A summons issued to any person must be clearly and prominently state in ___________.
English and Spanish
Capias Pro Fine
-When defendant has been committed to jail in default of the fine and cost adjudged against him
-further enforcement of judgment
Writ is
A written command
Writ of attachment
An attachment is a writ issued by a clerk of a court under seal or by a magistrate commanding a peace officer to take the body of a witness and bring him before a court
Attachment of Convict Witnesses
Wanted at the Bench
Attachment of Resident Witness
When a witness resides in the county of the prosecution
Certificate Copy of Judgment and Sentence
-Authority for confinement
-shall be sufficient authority for the sheriff to place such defendant in jail
Magistrate Warrant (Fugitive)
Fugitive form justice from another state
Custody of Prisoners
When a prisoner is committed to jail by warrant for the magistrate or court, he shall be placed in jail by the sheriff
Refusing to execute writ
11.60- shall be liable to fine as a contempt of court.
Neglecting to excruciate process
2.16 - fine fro contempt not less than ten nor more that two hundred dollars, at the discretion of the court.
Permitting or Facilitating Escape
PC 38.07 A person commits an offense if he knowingly causes a facility the escape of one who is in custody
What are the different types of credentials required before receiving an inmate
-Agency Credentials
-A person specially named to execute process
Methods of obtaining an inmates identification
-State issues drivers license/ID
-Run computerized Criminal History (CR43)
-Automated Fingerprint Identification System (AFIS)
-Contact Supervisor
How often should an inmates status be updated
Should be checked and updated daily
What are the ramifications of not updating an inmates file?
-Criminal Liability
-Civil Liability
List requirements for identifying inmate
-reviewing prior photographs
-fingerprints confirmation though Automated Fingerprint Identification System (AFIS)
Failure to Identify
PC 38.02
An inmate’s physical condition should be recorded at the time of booking to
Prevent possible litigation
