COMP 1 BPOC 2021

Correctional system

-Municipal fines (speeding tickets) -County jail (DWI) -State jail (felony) -Probation (in lieu of the term or added onto the term) -Parole (conditions for after jail/prison)

Explain how the three components of the criminal justice system directly affect each other.

-increased arrests causes component interaction -court dispositions increase correctional populations -correctional releases (parole & time complete) often impacts police functions if correctional system fails

What amendments are considered individual freedoms?

1,2,3,4

What distance must you be within to get charged with consumption of alcoholic beverage near schools

1000 feet

what is the misdemeanor charge for possession of intoxicants on public school grounds?

1000$

what are the hours of sale for Liquor stores monday through saturday

10am - 9pm

what are the legal hours of consumption extended hours on sunday

1200pm-2:15am 10am if served with food

Legal hours of consumption Sunday(saturday night)

12am-1:15am

Legal hours of consumption on sunday

12pm-12:15am

A person convicted twice or more for Misrepresentation of age by a minor can have their drivers license denied for how many days?

180

How long after an aggrivated assault incident should TABC be contacted

24 hours

If a minor is caught consuming an alcoholic beverage, how long can DPS deny the issuance of a drivers license if it is their first offense?

30 days

How long after a breach of the peace incident should TABC be contacted

5 DAYS

What percent of sales from alcohol must a business display the licensed or unlicensed possession of a weapon sign?

51%

Legal hours of consumption monday through saturday

7am-12:15am

Legal hours of consumption extended hours monday through saturday

7am-2:15am

What is the misdemeanor punishment for purchase of alcohol by a minor?

A fine not less than 250$ or more than 2000$; Jail term not to exceed 180 days or both

Ale or Malt Liquor

A malt beverage containing more than 4% alcohol by weight.

what is minor defined as per this section?

A person under 21

Permittee

A person who is the holder of a permit provided for in this code, or an agent, servant, or employee of that person.

According to equal rights.... what?

All men have equal rights

what texas peace officers are responsible for enforcement of the alcoholic beverage code

All of them

What is the punishment if a person sells an alcoholic beverage to a minor?

Class A Mismemeanor

What misdemeanor offense is Driving or Operating watercraft under the influence of alcohol by a minor

Class C

Court of criminal appeals hear what types of cases?

Criminal Cases including the Death Penalty

A person commits an offense if with _________ he sells an alcoholic beverage to a minor

Criminal Negligence

5th Amendment

Criminal Proceedings; Due Process; Eminent Domain; Double Jeopardy; Protection from Self incrimination

Municipal courts hear what?

Criminal cases only, no civil cases, original jurisdiction for class c misdemeanor

14th Amendment

Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws

What are examples of Tort?

Divorce, Child custody, protective orders, injunctions, debt, personal damage

what must you serve with beer or mixed beverages to customers on sunday.

FOOD

what 4 words make up the rights a person is entitled to?

Fair, Impartial, Equal, Dignity

what is the punishment for a peace officer who fails to file the report of a seizure?

Fine not less than 50$ nor more than 100$ not less than 10 nor more than 90 days in jail or both

what is the punishment for a minor who has been convicted more than one time for driving or operating a watercraft under the influence of alcohol?

Fine not less than 500 or more than 2000, jail term not to exceed 180 days or both

4th Amendment

Freedom from unreasonable searches and seizures

1st Amendment

Freedom of Religion, Speech, Press, Assembly, and Petition

What must a warrant include?

Material sought, area searched, reason for search, whom may be searched, and approval by a judge.

what offense does a minor commit if they falsely state that they are 21 years of age or older or presents any document that indicated they are 21 years or age or older to a person engaged in selling or serving alcoholic beverages?

Misrepresentation of age by a minor

Courts

Municipal, County, State, Federal

What is the punishment for a minor consuming alcohol in visible presence of the minors adult, parent, guardian, or spouse?

No Violation

8th Amendment

No cruel and unusual punishment

3rd Amendment

No quartering of soldiers

6th Amendment

Right to a speedy trial

2nd Amendment

Right to bear arms

7th Amendment

Right to jury in civil trials.

What are the two highest courts in Texas?

Texas Supreme Court and Texas Court of Criminal Appeals

What is civil law?

That portions of law which defines the personal and property rights of individuals; the rights of an individual to seek redress or to prevent a wrong.

commission

The Texas Alcoholic Beverage Commission

9th Amendment

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

10th Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Hotel

The premises of an establishment where, in consideration of payment travelers are furnished food and lodging; in which are located at least 10 adequately furnished completely separate rooms with adequate facilities so comfortably disposed that person usually apply for and receive overnight accommodations in the establishment, either in the course of usual and regular travel or as a residence.

What is the writ of Habeas Corpus

The primary function that is needed to release anyone from unlawful imprisonment.

Wine and Vinous liquor

The product obtained from the alcoholic fermentation of juice of sound ripe grapes, fruits, berries, or honey .... And includes wine coolers.(aug 2021) and sake(sep 2021)

CCP Art. 1.08 Habeas Corpus

The writ of habeas corpus is a writ of right and shall never be suspended

A person who sells to a minor does not commit an offense if the minor falsely represents himself to be 21 years or age or older?

True

Is each permit holder required to display in a prominent place that it is unlawfull for a person to carry a weapon on the premises unless the weapon is a handgun the person is licensed to carry?

Yes

Person

a natural person or association of natural persons, trustee, receiver, partnership, corporation, organization, or the manager, agent, servant, or employee of any of them.

Citizen of Texas

a person who is a citizen of both the United States

Licensee

a person who is the holder of a license provided in this code, or any agent, servant, or employee of that person.

Applicant

a person who submits or files an original or renewal application with the commission for a license or permit.

Barrel

a quantity of beer(aug 2021) malt beverages(sep 2021) equal to 31 standard gallons

What is Tort?

a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability.

Beer (aug 2021) Malt Beverage (sep 2021)

fermented beverage of any name or description containing 1/2 or 1% or more of alcohol by volume brewed or produced from malt, in whole or in part, or from any malt substitute

What is the general punishment of this code for which a specific penaty is not provided is guilty of a misdemeanor?

fine not less than 100$ not more than 1000$ jail term not more than one year or both

A peace officer may arrest without a warrant any person he observes violating any provisions of this code. The officer shal take possession of all ____________ the person has in his possession or on his premisis

illicit beverages

Executive management

includes the administrator the assistant administrator, individuals who report directly to the administrator, and the head of each division of the commission.

Minibar

means a closed container in a hotel guestroom with access to the interior or the container restricted by a locking device which requires the use of a key, magnetic card, or similar device.

Manufacturer(aug 2021) Brewer (sep 2021)

means a person engaged in the manufacture of brewing of beer, whether located inside or outside the state.

If a minor has been previously convicted twice or more of driving or operating a watercraft under the influence of alcohol by a minor are they eligible for deferred deposition or deferred adjudication?

no

What is the punishment for a peace officer that makes a false report of the property seized?

not less than 2 years and not more than 5 years in jail

what is the amount of community service issued by the court for a first offense of attempt to purchase alcohol by a minor

not less than eight or more than 12

what is the punishment of purchase of alcohol for a minor; furnishing alcohol to a minor?

not less that 20 hours or more that 40 hours of community service, attend an alcohol awareness program and denied the issuance of a license for 180 days

If a violation occurs on a licensed premises, the tabc may take administrative action against the_____ or ______

permit or license

what are the dimensions of the sign that the permit holder has to display on the licensed premise?

six inches high and fourteen inches wide

Guestroom

sleeping room, including any adjacent private living area, in a hotel which is rented to guests for their use an an overnight accomodation

Consignment sale

the delivery of alcoholic beverages under an agreement arrangement condition or system by which the person receiving the beverages has the right at any time to relinquish possession to them or to return them to the shipper and in which title to the beverages remains in the shipper.

What is a Premises?

the grounds and all building and vehicles pertaining to the grounds including any adjacent premises if they are directly or indirectly under control of the same person.

what class misdemeanor is purchase of alcohol for a minor; furnishing alcohol to a minor?

Class A

Mixed Beverage

*One or more* servings of a beverage composed in whole or part of an alcoholic beverage in a sealed or unsealed container of any legal size for consumption on the premises where served or sold by the holder of a mixed beverage permit, the holder of a daily temporary mixed beverage permit, the holder of a caterer's permit(aug 2021),The holder of certain nonprofit entity temporary event permits(sep 2021), the holder of a mixed beverage late hours permit, the holder of a private club registration permit, or the holder of a private club late hours permit.

A minor commits an offense if the minor operates a motor vehicle in a public place while having___detectable amount of alcohol in minor's system

Any Detectable amount

A citizen is entitled to reasonable what under the 8th amendment?

Bail, Fine, Punishment

Law Enforcement

City, County, State, Federal

Texas Supreme Court only covers what types of cases?

Civil Cases

Justice court/Justice of the peace hear what types of cases?

Civil and Criminal cases, Class C misdemeanors

County court law hears what types of cases, and what jurisdiction do they hold?

Civil and Criminal cases, Original jurisdiction for A & B, appellate for C, Civil 200$ - 10000$

District courts cover/hear what?

Civil and criminal cases, Felony cases

Court of appeals hear what?

Civil and criminal cases, dont deal with death penalty

Juvenile courts hear what?

Civil cases only, no criminal

In a civil suit a citizen is entitled to have what?

Jury, The rules of common law applied during appeals

What is criminal law?

Law which for the purpose of preventing harm to society, commonly codified itno criminal or penal codes.

Right to due process describes what?

Legal procedures to which a citzen is entitled

what is the title that states a person may not sell, offer to sell, or deliver any liquor on New Years Day, Thanksgiving Day, or Christmas Day?

Liquor

Alcoholic Beverage

alcohol, or any beverage containing MORE THAN 1/2 OF 1% OF ALCOHOL BY VOLUME

Distilled Spirits

alcohol, spirits of wine, whiskey, rum, brandy, gin, or any liquid produced in whole or in part by the process of distillation, including all dilutions or mixtures of them, that includes spirit coolers that may have an alcoholic content as low as 4% alcohol by volume

Illicit Beverage

alcoholic beverage made illegally, bought, sold, possessed or transported in violation of this code that the taxes have not been paid for and tax stamp not on if req'd. Owned, stored, or imported with intent to make, store or transport in violation of law

Wine Cooler

an alcoholic beverage consisting of vinous liquor plus plain sparkling, or carbonated water and which may also contain one or more natural or artificial blending or flavoring ingredients. A wine cooler may have an alcohol content as low as 1/2 of 1% by volume

Liquor

any alcoholic beverage containing alcohol IN EXCESS OF 4% BY WEIGHT(Aug 2021) 5% BY VOLUME(SEP 2021), unless otherwise indicated. Proof that an alcoholic beverage is alcohol, spirits of wine, whiskey, liquor wine, brandy, gin, run ale, malt, liquor, tequila, mescal, habanero, or barreteago, is prima facie evidence that it is liquor.

A peace officer may seize without warning:

any illicit beverage, vehicle use to transport, equipment designed for use in manufacturing, and materials used for manufacturing

Original package

as applied to beer means a container holding beer(aug 2021) Malt beverage(sep 2021) in bulk or any box, crate, carton, or other device used in packing beer that is contained in bottles or other containers

What is the offense if the permttee failed to promptly report to the commission of a breach of the peace that occurred on the permittees licensed premise?

cancellations or suspension of permit