Read Chapters 9, 13, & 10 in Governing Texas, 3rd Edition, and then be able to:
1) Identify the various types of laws that exist within our system
2) Understand the fundamental differences between criminal and civil cases.
3) Understand the differences between felonies and misdemeanors.
4) Identify those crimes that qualify ascapital felonies and the questions that a jury must consider before invoking the death penalty.
5) List the various courts in Texas as well as the jurisdiction of the trial and appellate courts (p. 292). Know the differences between original and appellate jurisdiction.
6) Understand the current selection process for judges in Texas.
7) Trace the criminal process in Texas. This should include the procedures for the arrest and search of suspects; pre-trial proceedings; grand jury indictment and trial; final appeals; incarceration; and pardons and paroles. At each step of the process identify the legal rights of the accused and the victim.
8) Define the jury selection process for petit juries. Know how jurors are selected and the legal exemptions allowed. Understand the process of voir dire.
9) Understand the purposes for which criminals are incarcerated. Does the system fulfill these purposes?
10) Identify the various types of local governments and describe them in the following terms:
a) Services provided
b) Structure of organization
c) Revenue sources
11) Describe the weaknesses of the plural executive system of county government.
12) Describe the various types of city governments that are available in Texas. Understand the pros and cons of the at-large & precinct systems of electing city councils.
13) Define the key terms at the end of each chapter in the text and also the following:
a) Law
b) Crime
c) Probable cause
d) Bail
e) Change of venue
f) Writ of habeas corpus
g) Grand Jury
h) Exclusionary rule
i) Petit Jury
j) Voir dire
k) Challenge for cause
l) Preemptory challenge
m) Clouding
n) Cane Toad
o) Hobby Rule
p) Adversary system
q) Legal exemptions from jury duty
r) General obligation bonds
s) Revenue bonds
COMPARISON OF COURT CASES
| Criminal Cases | Civil Cases |
| 1. Deals with public concepts of "morality" as defined by law. A party pleads guilty ot not guilty. | 1. Deals primarily with individual rights. Involves the concept of responsibility not guilt. |
| 2. Cases initiated by a government prosecutor on behalf of the public., State of Texas v. (Accused). | 2. The plaintiff or petitioner who initiates the case is often a private party, as is the defendant or respondent. |
| 3. The specific charges of wrongdoing are spelled out in a grand jury indictment (felonies) or a writ of information (misdemeanors). | 3. The dispute is usually set out in a petition which is filed in the proper court by the plaintiff and then delivered to the defendant who then responds. The petition & counter petition become the basis of the court fight. |
| 4. There are strict rules of procedure used to evaulate what will be admissable as evidence. Proof in a criminal case must be beyond a reasonable doubt. | 4. Somewhat more relaxed procedure is used to balance or weigh the evidence.The side with the preponderance of evidence wins the case. |
| 5. Decision is either guilty, not guilty, or a hung jury. The jury's decision of guilt or innocence must be unanimous. | 5. The case may go either for the plaintiff or the defendant, or could be a compromise. Jury decision require five out of six or ten out of twelve. |
| 6. The determination of guilt results in punishment, that is, the deprivation of life, liberty, or property. | 6. The final remedy is relief from or compensation for the violation of one's legal rights. |
| 7. The decision whether a judge or jury decides the case is made by the defendant only. | 7. If either sides elects for a jury, the case is heard by a jury instead of the judge. |
| 8.Only the defendant can appeal a case that goes against him or her. | 8. Either side can appeal the decision in the case. |
CATEGORIES OF CRIMES AND PUNISHMENT
| Categories of Crimes | Maximum Fine | Confinement | Offenses | Court with Original Jurisdiction |
| 1st Degree Felony | $10,000 | 5 - 99 years or life | Murder, causing serious injury by tampering with food or drugs,aggravated robbery or sexual abuse, theft of property valued over $200,000 + | District Court |
| 2nd Degree Felony | $10,000 | 2 - 20 years | Manslaughter, Theft of property valued between $100,000 & $200,000, arson, sexual assault, robbery, reckless injury to a child | District Court |
| 3rd Degree Felony | $10,000 | 2 - 10 years | Theft of property valued between $20,000 & $100,000, credit card abuse, bigamy, kidnapping, drive by shooting with no injury | District Court |
| 4th Degree Felony (State Jail Felony) | $10,000 | 180 days to 2 years | Successfully aiding suicide (State Jail Felony) tampering with a consumer product (and does not produce bodily injury), knowingly operates a airplane, or motor propelled vehicle without the consent of the owner, criminally negligent homicide, theft of property between $1500 & $20,000., credit card debit card abuse. | District Cont |
| Class A Misdemeanor | $4,000 | Up to 1 year | Theft of property valued between $500 & $1500, false alarm or bomb threat, burglary of a coin operated machine, breach of computer security, cruelty to animals, providing alcolhol to underage drinkers (plus six months suspension of driver's license), stalking without bodily harm. possession of 2 - 4 ounces of marjuana. | Constitutional County Court or County Court at Law |
| Class B Misdemeanor | $2,000 | Up to 180 Days | Theft of property valued between $50 and $500, endless chain letter schemes, indecent exposure, knowingly communicating a sexually transmitted disease, prostitution, unauthorized cable hook-up, driving while intoxicated (1st offense), possession of up to 2 ounces of marjuana, making terrorist threats. | Constitutional County Court or County Court at Law |
| Class C Misdemeanor | $500 | None | Theft of property valued under $50, public intoxication, shooting on a public road, gambling, producing or selling term papers or reports for the use of others, attending a dog fight. | Justice of the Peace or Municipal Court in the City |
Capital Felony:
The Texas Legislature has classified the following crimes as offenses subject to the charge to the charge of a capital felony:
1. Murder of a peace officer or fire fighter who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or firefighter.
2. Intentionally commits a murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated rape, arson, or obstruction or retaliation
3. Commits a murder for remuneration or the promise of remuneration, or employs another to commit the murder for remuneration or the promise of remuneration.
4. Commits a murder of anyone while imprisoned for either a capital or 1st degree felony.
5. Murder of an employee of a penal institution while incarcerated or murder during a prison escape.
6. Murder of two or more persons during the same criminal transaction or during different transactions but the murders are committed pursuant to the same scheme or course of conduct.
7. Murder an individual under six years of age.
The sentence for conviction of a capital felony is either life imprisonment without parole or death by intravenous injection. In order to set forth the death penalty, a jury must agree unanimously in the affirmative on all of the following questions:
1. Whether the conduct of the defendant that caused the death of the deceased was committed deliberately and with the reasonable expectation that the death of the deceased or another would result.
2. Whether there is a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society.
3. If raised by the evidence, whether the conduct of the defendant in killing the deceased, was unreasonable in response from any provocation by the deceased.
A convicted defendant can still escape the death penalty if the jury is convinced that there are mitigating circumstances in this case to justify less than the death penalty.
Since one's liberty is constitutionally protected, one can only be arrested under one of the following conditions:
1. An arrest warrant is issued by the proper court.
2. A crime is witnessed by a police officer.
3. There is a reliable witness at the scene of the crime.
4. Police have probable cause to suspect an individual.*
Due to constitutional rights against unreasonable searches, they can be made only under the following conditions:
1. Suspect is under arrest (police officers have the right to protect themselves from possible harm from concealed weapons).
2. A search warrant signed by the proper court usually after a police officer has sworn or affirmed "probable cause" before a magistrate, usually a justice of the peace or a district judge.
3. Permission is given by an individual.
4. If a police officer does a visual search of the area within the normal viewing area. (For example, a person is stopped by an officer for a road check for insurance cards, and while checking the officer sees drug paraphernalia on the seat next to the driver; the search is legal and the evidence is admissible in court.)
5. If an officer has stopped an individual legally and the person gives the officer probable cause, the search is legal. (Example, a car is stopped for a minor traffic infraction, and in approaching the vehicle the officer smells what he suspects to be marijuana, a search is now warranted.)
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*Probable Cause: articulable facts plus reasonable inferences. In simplest terms, the actions of the suspect must be clearly defined (facts), and these facts must be such that a reasonable person hearing them could infer that the individual was involved in criminal activities. For example, a police officer notices a car being driven in an erratic manner--car weaving from lane to lane, speeds in excess of the post speed limits, general recklessness--and infers from these facts that the driver may be driving while under the influence of drugs or alcohol.
Jury (Petit) selection process:
Calling of veniremen (Driver's license or voter registration)
Voir Dire (speak the truth) (examination of perspective jurors by lawyers for each side)
Challenges:
Challenge for Cause
Preemptory Challenge
Adversary System
Criminal: |
Civil: |
|
Judge - Neutral Arbitrator - Interpreter of the Law |
Judge - Neutral Arbitrator - Interpreter of the Law |
|
Prosecutor - Burden of Proof |
Plaintiff - Show Responsibility |
|
Defense - Defend Rights of Accused |
Defense - Protect rights |
Trial Process :
Opening Remarks by both sides
Prosecution (or Plaintiff) presentation of case (Burden of Proof)
Witnesses
Evidence
Challenges & cross-examination by defense
Defense: presentation (Discredit witnesses and/or evidence) & (Clouding)
Witnesses
Evidence
Challenges & cross-examination by prosecutor (or plaintiff)
Closing Remarks
Judge's Charge
Decision by Judge or Jury
If criminal, phase 2 of trial: Assigning of Punishment
Appeal Process:
Filing of Briefs
Oral Arguments
Rendering of decision
Victim"s Rights
1. The right to receive from law enforcement agencies adequate protection from harm and threats of harm arising from cooperation with prosecution efforts.
2. The right to have the magistrate take the safety of either the victim or his/her family into consideration as an element in fixing the amount of bail for the accused.
3. The right, if requested, to be informed of relevant court proceedings and to be informed if those court proceedings have been cancelled or
4. The right to be informed, when requested, by the peace officer concerning the procedures in criminal investigations and by the district attorney's office concerning the general procedures in the criminal justice system, including general procedures in guilty pleas negotiations and arrangements.
5. The right to provide pertinent information to a probation department conducting a pre-sentencing investigation concerning the impact of the offense on the victim and his/her family by testimony, written statement, or any manner prior to any sentencing of the offender.
6. The right to receive written information regarding compensation to victims of crime as provided by the Crime Victim's Compensation Act, the payment of medical expenses for a victim of a sexual assault, and when requested, referral to available social service agencies that may offer additional assistance.
7. The right to be notified, if requested, of parole proceedings concerning a defendant in the victim's case and to provide to the Board of Pardons & Paroles for inclusion in the defendant's file information to be considered by the board prior to the parole of any defendant convicted of any crime subject to current law in Texas.