Term
| What is the effective date of the CCP? |
|
Definition
|
|
Term
| What are the six objectives of the CCP? |
|
Definition
1. To adopt measures for preventing the commission of crime;
2. To exclude the offender from all hope of escape;
3. To insure a trial with as little delay as is consistent with the ends of justice;
4. To bring to the investigation of each offense on the trial all the evidence tending to produce conviction or acquittal;
5. To insure a fair and impartial trial; and
6. The certain execution of the sentence of the law when declared. |
|
|
Term
| What is meant by the DUE COURSE OF LAW? |
|
Definition
| No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land. |
|
|
Term
| What are the RIGHTS OF ACCUSED, in all criminal prosecutions? |
|
Definition
1.) A speedy public trial by an impartial jury;
2.) Be presented with the charges against you and receive a copy (no joke!);
3.) Do NOT have to give evidence against oneself;
4.) Have the option to represent yourself or counsel, or both;
5.) Shall be confronted with the witnesses against him;
6.) Have the right to present witnesses in your favor; and
7.) No person shall be held to answer for a felony unless on indictment of a grand jury. |
|
|
Term
| What 2 items are required before a defendant is allowed to waive their right to legal counsel? |
|
Definition
Defendant's waiver must be:
1.) voluntary, and
2.) intelligently made |
|
|
Term
| Where do people have a reasonable right to be secure against all unreasonable seizures or searches? |
|
Definition
1.) Persons,
2.) Houses,
3.) Papers and;
4.) Possessions |
|
|
Term
| SEARCH WARRANTS SHALL have what 3 things to be legal? |
|
Definition
1.) SHALL describe PROPERTY to be seized;
2.) SHALL be based on probable cause, and
3.) SHALL be sworn by oath or affirmation. |
|
|
Term
| All prisoners shall be bailable unless what? |
|
Definition
| Charged with a Capital Offenses (Art. 1.07. RIGHT TO BAIL). |
|
|
Term
|
Definition
| It is a WRITTEN court order, addressed to the custodian (a prison official for example) demanding that a prisoner be taken before the court, and that the custodian present proof of authority, allowing the court to determine if the custodian has lawful authority to detain the person. |
|
|
Term
| A Habeas Corpus has 2 what unique characteristics? |
|
Definition
1. It is a person's legal Right, and
2. Shall NEVER be suspended. |
|
|
Term
| According to CCP 1.09 - CRUELTY FORBIDDEN, is a protection against what 3 things? |
|
Definition
1.) Excessive bail,
2.) Excessive fines, and
3.) Cruel or Unusual Punishment. |
|
|
Term
| According to CCP 1.10. JEOPARDY, is a protection against what? |
|
Definition
| Being charged twice (ie, "double jeopardy") for the same crime after a verdict of not guilty in a court of competent jurisdiction |
|
|
Term
| Define CCP 1.12. RIGHT TO JURY. |
|
Definition
| The right of trial by jury shall remain inviolate. |
|
|
Term
| In a capital felony case, how can a defendant waive their right to a jury? |
|
Definition
| When the prosecution DOES NOT seek the death penalty. |
|
|
