TCOLE 720 Phase 1 Midterm

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which amendment provides a broad definition of national citizenship, overturning the Dred Scott case, which excluded African Americans. It requires the states to provide equal protection under the law to all persons (not only to citizens) within their jurisdictions, and was used in the mid-20th century to dismantle legal segregation, as in Brown v. Board of Education. Its Due Process Clause has driven much important and controversial case law regarding privacy rights, abortion (see Roe v. Wade), and other issues.

14th

Professionalism seculized

1675

Powers not identified by the Constitution belong to the states or to the people. Also known as the police powers amendment.

10th

U.S. Circuit Courts of Appeal

11 Districts Hear appeals from U.S. District Courts Hear appeals from state appellate courts on substantive and procedural issues involving rights guaranteed by the U.S. Constitution. Justices appointed for life by the President and confirmed by the Senate

(Eligibility to take state exam) All attempts must be completed within ____ days form the completion date of the licensing course.

180 days

(Eligibility to take state exam) Any remaining attempts become invalid on the _______ day from the completion date of the licensing course, or if the examinee passes the licensing exam.

181st day

According to the Public Health Service, approximately ____% of drug users are white, ____% are black, and ____% are Latino.

70%; 15%; 8%

Check the list of mandatory notification countries - if mandatory notification is required, do so without delay (most bilateral treaties allow a maximum of _____ hours to make notification).

U.S. Supreme Court

9 Justices appointed for life by the President and confirmed by the Senate Discretionary review from state appellate courts and U.S. Circuit Courts of Appeal when the appeal concerns a Constitutional matter If the court decides to hear the case it will grant a Writ of Certiorari requesting a transcript of the proceedings for review.

What amendment do scholars still ponder what James Madison had in mind to protect while writing?

9th

Reasonable Belief

A belief that would be held by an ordinary and prudent man in the same circumstances as the actor

U. S. C. Article 1, Section 9, Clause 3. "No bill of attainder or ex post facto law shall be passed." What it is:

A bill of attainder is an act of a legislature declaring a person or group of persons guilty of some crime and punishing them without privilege of a judicial trial. An ex post facto law ("after the facts") is a law that retroactively changes the legal consequences (or status) of actions that were committed before the enactment of the law.

The Preamble to the U.S. Constitution is a What?

A brief introductory statement of the Constitutions fundamental purposes and guiding principles. It states in general terms, and courts have referred to it as reliable evidence of, the Founding Fathers intentions regarding the Constitutions meaning and what they hoped the Constitution would achieve.

CCP Art. 1.051 Right to Representation by Counsel

A defendant in a criminal matter is entitled to be represented by counsel in an adversarial judicial proceeding. the right to be represented by counsel includes the right to consult in private with counsel sufficiently in advance for a proceeding to allow adequate preparation for the proceeding.

Electric Generating Plant

A facility that generates electric energy for distribution to the public.

Electric Utility Substation

A facility used to switch or change voltage in connection with the transmission of electric energy for distribution to the public.

(Ordinary Misdemeanor Punishments) Class B Misdemeanor

A fine not to exceed $2,000 Jail term not to exceed 180 days

(Ordinary Misdemeanor Punishments) Class A Misdemeanor

A fine not to exceed $4,000 Jail term not to exceed 1 year

Deadly Weapon

A firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury - Anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.

Individual

A human being who is alive, including an unborn child at every stage of gestation from fertilization until birth.

In a civil suit (non-criminal law) a citizen in entitled to have:

A jury trail the rules of common law applied during appeals.

What is the "Motor vehicle exemption"?

A legal rule in the United States that modifies the normal probable cause requirement of the Fourth Amendment to the United States Constitution and, when applicable, allows a police officer to search a motor vehicle without a search warrant.

Culture:

A way of thinking and acting based on tradition; i.e., learning behavior passed down from one generation to another.

United States Constitution 2nd Amendment

A well-regulated militia being necessary to the security of a free state, the right to the people to keep and bear arms shall not be infringed.

Penal Code Chapter 39

Abuse of Office

Texas Penal Code Chapter 39

Abuse of Office

Texas Penal Code 39.02

Abuse of Official Capacity

Texas Penal Code 36.07

Acceptance of Honorarium

Conduct

Act or omission and its accompanying mental state

Discrimination:

Acting on the basis of prejudice.

Possession

Actual care, custody, control, or management.

Chapter 211?

Administration

Oath

Affirmation

Texas policing started

After the Battle of San Jacinto in 1836

Texas Penal Code 37.03

Aggravated Perjury

Statutory County Courts (231)(Established in 85 Counties)

All civil, criminal, original and appellate actions prescribed by law for constitutional county courts. Original jurisdiction in civil actions up to $200,000 Probate Exclusive original jurisdiction over misdemeanors with fines greater than $500 or jail sentence. Class A & B Juvenile matters. Appeals de novo from lower courts or on the record from municipal courts of record. (some courts may have higher maximum jurisdiction amount). Judges are elected.

The 14th Amend and equal protection Texas Constitution Art. 1 Section 3

All free men, when they form a social compact, have equal rights, and no man, or set of men, is entitled to exclusive separate public emoluments, or privileges, but in consideration of public services.

Tx Constitution Art 1. Sec 6. Freedom of Worship

All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences. No man shall be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent. No human authority ought, in any case whatever, to control or interfere with the rights of conscience in matters of religion, and no preference shall ever be given by law to any religious society or made of worship. but it shall be the duty of the Legislature to pass such laws as may be necessary to protect equally every religious denomination in the peaceable enjoyment of its own mode of public worship.

Brendlin v. California (2007)

All occupants are 'seized' in legal traffic stop, but passengers do have the right to end the engagement with the police

"......Establish Justice"

All of the people have a right to justice.

Who is protected by the U.S Constitution and Bill Of Rights?

All people (individuals, groups, and society at large) whether here legally or illegally

9th Amendment explained Texas Constitution Art. 1 Section 2 Inherent Political Power; Republican Form Of Government.

All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit. The faith of the people of Texas stands pledged to the preservation of a republican form of government, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient.

Texas Constitution Art 1 Sec 11 Bail

All prisoners shall be bailable by sufficient sureties, unless for capital offenses, when the proof is evident; but this provision shall not be so construed as to prevent bail after indictment found upon examination of the evidence, in such manner as may be prescribed by law

Impartiality is a ______________ _____________ made of all peace officers.

Fundamental requirement.

It is not only a _____ ______________ in our treatment of each individual with whom we deal.

Moral Requirement

Preponderance of the evidence

More than likely than not (over 50%)

Components Of The Courts

Municipal Courts County Courts State Courts Federal Courts

F5R (RETURN) Form

Must complete for current licensees employment history when seeking employment with another LE agency

District Attorney

NOTE: INDICTMENT: Is written by a District Attorney and is a notice of a felony charge. NOTE: COMPLAINTS: Is written by a County Attorney and is a "written notice of charge".

What is a Bill of Attainder Texas Constitution Art 1 Section 16. Bills Of Attainder; Ex Post Facto Or Retroactive Laws; Impairing Obligation Of Contracts.

No bill of attainder, ex post facto law, retroactive law, or any law impairing the obligation of contracts, shall be made.

Texas Penal Code 39.03

Official Oppression

Pennsylvania v. Nimms

SC allows the Driver Out of the vehicle during a traffic stop.

Maryland v. Wilson (1997)

SC allows the Passenger Out of the vehicle during a traffic stop.

Attitudes and life experience may exist in a ________________ _______________

correlative relationship

There are appropriate reasons for unusual traffic stops (suspicious behavior, the officer's intuition, MOs, etc.), but police work must stop short of...

cultural stereotyping and racism

A citizen in entitled to reasonable and prohibits the following:

excessive bail excessive fine excessive punishment

CCP 2.131 states: A peace officer _________ _______ engage in racial profiling

may not

CCP 2.1385 Civil Penalty for Executive Director

the amount of $1,000 for each violation

If the chief administrator fails to submit the report required...

the commission (TCOLE) SHALL begin disciplinary procedures against the chief administrator.

CCP 2.132 requires agency's to look into...

the feasibility of installing video camera and transmitter-activated equipment in each L.E. motor vehicle regularly used to make motor vehicle stops.

Money collected under this article shall be deposited in the state treasury to the credit of ___________ ___________.

the general revenue fund

Texas Constitution Art. 1 Section 11c. Denial Of Bail For Violation Of Protective Order Involving Family Violence.

the legislature by general law may provide that any person who violates an order for emergency protection issued by a judge or magistrate after an arrest for an offense involving family violence or who violates an active protective order rendered by a court in a family violence case, including a temporary ex parte order that has been served on the person, or who engages in conduct that constitutes an offense involving the violation of an order described by this section may be taken into custody and, pending trial or other court proceedings, denied release on bail if following a hearing a judge or magistrate in this state determines by a preponderance of the evidence that the person violated the order or engaged in the conduct constituting the offense.

Offense for TPC 37.08

Class B Misdemeanor

Offense for TPC 39.05

Class B Misdemeanor

Texas Penal Code 36.06

Obstruction or Retaliation

Chapter 218?

Continuing Education

system of policing used by northeastern states

" watch and ward" system

United States Constitution 14th Amendment

"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside." (Dual Citizenship) "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any state deprive any person of life, liberty, or property without due process of the law, nor deny to any person within its jurisdiction the equal protection of the laws."

DWB

"Driving While Black"

United States Constitution 9th Amendment

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

Restraint

"Without consent" if it is accomplished by - force, intimidation, or deception - Any means, including acquiescence of the if: the victim is a child <14 or an incompetent person and the parent, guardian, or person or institution acting in loco parentis as not acquiesced in government or confinement

The Fourteenth Amendment states, very clearly, that no state may:

"deny to any person within its jurisdiction the equal protection of the laws."

(Penalty Group) Class B

$100-750

(Penalty Group) Felony of the Second Degree

$150,000-300,000

(Penalty Group) Felony of the Third Degree

$30,000-150,000 More then 10 heads

(Penalty Group) Felony of the First Degree

$300,000 or more

(Penalty Group) Class A

$750-2500

Minimum standards for initial licensure

(1) Age Requirement: for peace officers and public security officers, is 21 years of age; Or 18 years of age if the applicant has received: (i) an associates degree; or 60 semester hours of credit from an accredited college or university (ii) has received an honorable discharge from the Armed Forces of the United States after at least two years of active service (2) minimum education requirements: GED or HS diploma (3) fingerprinting and background (4) no criminal offense above a class B misdemeanor within 10 yrs of offense (5) NOT PROHIBITED from operating a motor vehicle (6) NOT PROHIBITED from possessing a firearm or ammo (7) examined by physician and psychologist (8) US Citizen (9) NO dishonorable discharge

Sec. 7.02 - Criminal Responsibility for Conduct of Another

(a) A person is criminally responsible for an offense committed by the conduct of another if: Acting with the kind of culpability required for the offense, he causes or aids an innocent or non-responsible person to engage in conduct prohibited by the definition of the offense; acting with intent to promote or assist the commission of the offense, he solicits, encourages, directs, aids, or attempts to aid the other person to commit the offense; or (3) Having a legal duty to prevent commission of the offense and acting with intent to promote or assist its commission, he fails to make a reasonable effort to prevent commission of the offense. (b) If, in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators, all conspirators are guilty of the felony actually committed, thought having no intent to commit it, if the offense was committed in furtherance of the unlawful purpose and was one that should have been anticipated as a result of the carrying out of the conspiracy.

Sec. 8.02 Mistake of Fact

(a) It is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of culpability required for commission of the offense. (b) Although an actor's mistake of fact may constitute a defense to the offense charged, he may nevertheless be convicted of any lesser included offense of which he would be guilty if the fact were as he believed.

Sec. 8.01 Insanity

(a) It is an affirmative defense to prosecution that, at the time of the conduct charged, the actor, as a result of severe mental disease. (b) The term "mental disease or defect" does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct. or defect, did not know that his conduct was wrong.

What case law is established with Terry v. Ohio?

- A police officer may stop and BRIEFLY DETAIN a person only if the officer has a REASONABLE SUSPICION, supported by articulable facts, that the individual may be involved in criminal activity. - That under certain circumstances, the person stopped could also be "frisked," in that the police could conduct a limited search, or "pat down," of the individual's outer clothing to discover the presence of any weapons.

When a citizen is accused of a crime, a citizen is entitled to:

- A written notice of the charges against him (information/indictment) -freedom from acknowledging facts which may establish his guilt -be processed though a system of justice in accordance with established rule, principles, and jurisdiction -reasonable reimbursement for any property seized for public use.

Legislative Power and Rule Making Authority

- Adopt rules for the administration of this chapter and for the commissions internal management and control -Establish minimum standards relating to competence and reliability, including education, training, physical, mental, and moral standards, for licensing as an officer, country jailer, or public security officer -report to the governor and legislature on the commissions jurisdiction, and make other reports that the commission considers desirable -require a state agency or a county, special district, or municipality in this state that employs officers or county jailers to submit reports and information -contract as the commission considers necessary for services, facilities, studies, and reports -Conduct research and stimulate researched by public and private agencies to improve law enforcement and police administration.

State v Kurtz

- An officer of a municipal police department does not have authority to stop a person for committing a traffic offense when the officer is in another city within the same county. - Stops made before 9-01-05 = NO - Stops made after 9-01-05 = Yes

What case law is established with Whren v. U.S.?

- Approved the use of pretextual TRAFFIC STOPS when the officer has observed a traffic violation or has probable cause to believe that criminal activity has been, or is, taking place. - In effect, the U.S. Supreme Court approved the practice of police using a traffic violation to justify a traffic stop, even when the purpose of the police was to conduct an investigation into suspected criminal activity not necessarily related to the traffic violation.

Services of a consular officer

- Arrange legal representation - Monitor progress of case - Ensure fair trial - Monitor conditions of confinement - Provide reading material, food, medicine, other necessities

Why do people consent to searches?

- Believe stuff will be overlooked - Appear to be cooperative - Deny any knowledge when its discovered - Simply give up

Law Enforcement Agency's must have the following defined in their Racial Profiling Policy:

- Clearly define acts - Strictly Prohibit peace officers engaging in Racial Profiling - Implement a process by which an individual may file a complaint with the agency - Provide public education relating to the agency's compliment and complaint process - Require appropriate corrective action to be taken against a peace officer who engages in Racial Profiling - Require collection of information relating to motor vehicle stops in which a ticket, citation, or warning is issued - Annual report of the information collected

Professional model for Law Enforcement - Dis-advantages

- Cost of training - Higher salaries or remuneration for job occupant - Limited entry into the workforce from poor because of limited opportunities for education attainment

Identify the concepts which have roots in European methods

- County - Sheriff ( Shire Reeve) - Common law - English "bobby" Foot Patrol Method

Characteristics of police subculture

- Curiosity and suspiciousness • Solidarity - taking care of one another • Secrecy - protection from hostile environment • Political and social conservatism • Cynicism - Hobbesian view of social work • Social isolation • Authoritarian approach to control, conformity • Support during difficult/stressful time

Conditions associated with the gift

- Does it make a difference who offers the gift? - Does it make a difference when the gift is offered? - Does it make a difference why the gift is offered? - Does it make a difference where the gift is offered?

What case law is established with Chimel v. California?

- Established "Search incident to a lawful custodian arrest" - Established "contemporaneous warrantless search of the arrestee and of the immediately surrounding area"

What case law is established with New York v. Belton?

- Expended "Search incident to a lawful custodian arrest" - Clarified "Within the arrestee's immediate control" searches

Examples of physical courage

- Facing barricaded, armed suspect - Duty to intervene

What are some good practices for Consented searches?

- Get a consent form or waiver signed - Have a backup/cover officer with you while you conduct the search

Policing methods in Texas when it was part of Mexico

- Handled by Spanish Military - Mexican governors reigned control

Ethics in Relationships

- Idealistic - Frustrated - Defiant - Resigned - Aware - Decisive - Commitment

Describe the traditional police service model

- Incident Driven and reactive response - has specialized units - focuses on statistics to gauge impact - little to no citizen or employee involvement in decision making

Police legitimacy and procedural justice applied (four pillars)

-Fairness and consistency -Giving voice to all parties -Transparency -Impartiality

Ethical Decision-Making Model

- Is it legal? - Is it permitted by your organization's code of conduct? - How would it be viewed by your organization's code of ethics and shared values? - Does your personal code of ethics approve? - Is it a true ethical dilemma? Do both choices appear to be right? - Can you apply the ethical decision-making model for your organization?

Profession, Vocation

- Members possess a specialized body of knowledge, not easily acquired, accomplished through advanced education or training. - Commitment to serving the public.

Eligibility to take State Examinations

- Must complete BPOC/ basic licensing exam - must be eligible to take county corrections licensing exam

What case law is established with Ferris v. State?

- Once the initial purpose of that stop has been fulfilled, the continued detention of the car and the occupants amounts to a second detention. - Once the underlying basis for the initial traffic stop has concluded, a police-driver encounter which implicates the 4th Amendment is constitutionally permissible only if: the driver consents to the continuing intrusion; or the officer has, at a minimum, a reasonable, articulable suspicion that criminal activity is afoot.

What case law is established with Graham v. State?

- Passenger is "seized" for purposes of the 4th Amendment when he is ordered to remain in a car stopped for speeding while officer checks the driver's license and registration. - Continued detention of passenger after purpose of stop is accomplished is unreasonable, Unless there is reasonable, articulable suspicion to justify continuing the detention. (driver's license proved invalid)

Examinee requirements to take state licensing exam

- Present PID - Present valid photo ID - Report on time - No disruptions/No electronics - comply with written or verbal instructions

Affirmative Defenses

- Prosecuting attorney is not required to negate the existence of an affirmative defense in the accusation charging commission of the offense. - The issue of the existence of an affirmative defense is not submitted to the jury unless evidence is admitted supporting the defense - all state MUST prove beyond a reasonable doubt that "x" committed a crime BUT the defendant can remove himself from criminal liability for his or her conduct if he can prove by a preponderance of the evidence that "affirmative" defense applies to this set of facts.

Professional model for Law Enforcement - Advantages

- Public better served. - Quality of peace officers is improved. - Ethical conduct - More effective problem-solving - Stronger community support and respect - Stronger role in the criminal justice system - More effective innovations - Financial rewards.

CCP 2.133 required for:

- Random traffic stops - Random pedestrian stops * NOT FOR DISPTACHED CALLS

Problem solving

- Scanning - Analysis - Response - Assessment - Using the crime triangle to focus on an immediate conditions (victim/offender/location).

Obstacles to Ethical Behavior

- Self-Interest - Pursuit of Happiness

Identify the firearms proficiency requirements.

- Shotgun - 5 rounds - Fully automatic weapon - 30 Rounds - TIMED RELOAD - Handgun - 50 Rounds - TIMED RELOAD - Patrol Rifle - 30 rounds - TIMED RELOAD - High power Rifle - 20 rounds Documents needing to be recorded are: - date of the exam - id of the peace officer - firearm qualification - results - course of fire

Historical development of police service

- Technology; able to cover a greater distance - Has created distance between police and community - New CPO initiatives created to connect with the community again

Two U.S. Supreme Court decisions impact proactive field stops:

- Terry v. Ohio - Whren v. U.S.

What is reasonable suspicion?

- The belief by a reasonable and prudent person based on articulable facts that something has happened. - Less than Probable Cause, but more than an unexplainable hunch or "gut feeling".

Consent Searches: two prerequisites for a valid consent search of a vehicle (or anything else) are:

- The consent must be given voluntarily, and - The consent must be given by a person with authority.

Government

- The state - County, municipality, or political subdivision of the state - any branch or agency of the state, a county, municipality, or political subdivision

Positives to conducting street field interviews:

- They deter at-risk individuals from criminal and delinquent behavior - They identify and lead to the arrest of known criminal offenders - They identify possible witnesses and informants who provide intelligence from both criminal and non-criminal sources

Cornerstone of the ethical role: Pillars of Character

- Trustworthiness - Respect - Responsibility - Fairness - Caring - Citizenship

USC 241 Conspiracy Against Rights

- Two or more conspire to threaten any inhabitant of state/territory/district in free exercise - Punishment - $10,000 - not more than 10 years - or both

What is the difference between Watch and Ward?

- Watch; nighttime - Ward; daytime

Texas Constitution Art 1 Sec 11a. Denial of Bail After Multiple Felonies.

- accused of a felony less than capital in this state, who has been theretofore twice convicted of a felony, the second conviction being subsequent to the first, both in point of time of commission of the offense and conviction therefor -accused of a felony less than capital in this state, committed while on bail for a prior felony for which he has been indicted -accused of a felony less than capital in this state involving the use of a deadly weapon after being convicted of a prior felony -accused of a violent or sexual offense committed while under the supervision of a criminal justice agency of the state or a political subdivision of the state for a prior felony.

What does accost mean?

- approach and address (someone) boldly or aggressively. "reporters accosted him in the street" - synonyms: confront, call to, shout to, hail, address, speak to;

Fernandez v. State

- defendant's pickup loudly squealed its tires and saw light smoke coming from the tires as the pickup fishtailed about two feet outside its lane of traffic, supporting the officer's opinion that what he observed constituted reckless driving and supported the stop. - YES = Rapid acceleration.

What are the 4 priciples of procedural justice

- fairness - voice - transparency - impartiality

CCP 2.137 The criteria must give priority to

- law enforcement agencies that employ peace officers whose primary duty is traffic enforcement - smaller jurisdictions - municipal and county law enforcement agencies

Bill Blackwood L.E. Management Institute of TX Course on Racial Profiling includes:

- monitoring peace officers' compliance with laws and internal agency policies relating to racial profiling; - implementing laws and internal agency policies relating to preventing racial profiling; and - analyzing and reporting collected information.

Components of Consistent Ethical Behavior

- moral sensitivity - moral judgment - moral motivation - moral character

CCP 2.133 states: Peace officer must report the following for a M.V. stop:

- physical description - gender - race or ethnicity - initial reason for the stop - conduct a search - if contraband or evidence discovered - the reason for the search: Plain View, Probable Cause, Result of Towing or Arrest - if an arrest occurred - location of the stop - verbal, written warning, or citation issued - if physical force resulting in bodily injury

What are the rewards of providing quality customer service?

- pride within the agency and the community - strong, loyal support of the community on a day-to-day basis

Reporting responsibilities of licenses

- report any changes such as name, address, if an arrests occur, charges or indictments. - needs to be reported within 30 days.

Impartial enforcement of the law

- requires that no person be treated unfairly, unjustly, or with bias or prejudice. - it also requires that no person be given treatment that is more favorable by the law - either by giving better service, more considerate treatment, or more lenient punishment than any other person would receive for the same reason. - the critical guideline is not favoring one more than another in the same situation. - includes the more general ideas of impartial administration of justice and impartial treatment of offenders by the CJS as a whole - it is by no means limited to the peace officer telling the public, "Don't do that- it's against the law" or "you must do this- the law requires it"

Describe the community policing model

- shifts focus from having random calls to solving community problems - walking the beat, more face to face - gives the officer a sense of ownership over their area (beat) - gives citizens the ability to become active in the police process - The CPO becomes the communities connection to their local government - Grants better autonomy to line officers

CCP 2.137 The criteria may include consideration

- tax effort - financial hardship - available revenue - budget surpluses

What information is collected regarding M.V. stops and arrests?

- the race or ethnicity of the individual detained; - whether a search was conducted and, if so, whether the individual detained consented to the search; - whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; - whether the peace officer used physical force that resulted in bodily injury, as that term is defined by the Penal Code, during the stop; - the location of the stop; and - the reason for the stop;

U.S.C. 6th Amendment Accused Citizens Are Entitled to:

-A formal trail free from unreasonable delay -A trail open to public view -An unbiased jury - knowledge of the accusation against him -Cross examine witnesses -obtain witnesses by requiring their presence in court - the advice and representation of an attorney in court. (that is the right to an attorney during criminal proceedings)

The enforcement lodging of soldiers in private homes is:

-Forbidden in peacetime without owners permission -Permitted in wartime in accordance with established law.

Adverse consequences of insensitivity:

-Hurt feelings -Anger -Loss of personal and professional respect -Ineffective performances -Behavior

"Consent is NOT effective if..."

-Induced by threat, force or fraud - Given by a person the actor knows is not legally authorized to act for the owner - Given by a person who by reason of youth, mental disease, or defect or intoxication is known by the actor to be unable to make reasonable decisions - given solely to detect the commission of an offense

Motivation for Ethical Behavior

-Inner Benefit: Virtue is its own reward. -Personal Advantage: It is prudent to be ethical. It is good business. -Approval: Being ethical leads to self-esteem, the admiration of loved ones and the respect of peers. -Religion: Good behavior can please or help a deity. -Habit: Ethical decisions can fit in with upbringing or training.

Aggravated Kidnapping

-Intentionally or knowingly abducts another person with intent to hold him for ransom or reward, use him as a shield or hostage, facilitate the commission of a felony or the flight after the attempt or commission of a felony. -Inflict bodily injury on him or violate or abuse him sexually. -Terrorize him or a third person or exhibits a deadly weapon during the commission of the offense.

IN the context of being prepared to serve temporarily in national or state emergencies, a citizen may:

-Keep weapons -Carry weapons

Harboring Runaway Child

-Knowingly harbors a child and he is criminally negligent about whether the child is younger than 18 years old and has escaped from the custody of a peace officer or a probation officer, The Texas Youth council, or a detention facility for children, or is voluntarily absent from the child's home without the consent of the child's parent or guardian for a substantial length of time or without the intent to return -CLASS A.

(Texas Constitution Art 1 Sec 11a. Denial of Bail After Multiple Felonies.) Violent offense means?

-Murder -Aggravated assault, if the accused used or exhibited a deadly weapon during the commission of the assault -aggravated kidnapping -aggravated robbery

Recall the leadership role of law enforcement:

-On the one hand, protection of society is the task of law enforcement; on the other, safeguarding individual personal liberties is also the task of law enforcement -this is done only when laws are enforced impartially -those enforcing the laws must leave personal feelings and prejudices at home when on duty -only when law enforcement discharges its function within the framework of constitutional guarantees, can a reasonable balance be maintained between the conflicting interests of society and the individual.

Positive consequences of sensitivity

-Respect of community, -respect from fellow professionals, -support for democratic principles, and -self respect

(United Sates Constitution 6th AmendmentIn) all criminal prosecutions, the accused shall enjoy the __________ to a ________ and _________ _________l, by an impartial jury.....and to be informed of the nature and cause of the accusation; to be _____________ with the _____________ again him; to have compulsory process allows defendants in criminal cases to secure witnesses in their favor; and to have the assistance of counsel for his defense.

-Right to a speedy and public trail - to be confronted with the witnesses against him

Benefits from impartial role performance

-The delicate balance which the law provides and protects between those who govern and those who are governed must be preserved if democracy is to survive .

Society (the people) established the Constitution for its own purpose.

-To form a more perfect union -establish justice -to ensure domestic tranquility

Consular official access

-Visit -Call -Write -Consuls must follow the regulations of the detention facility

(Texas Constitution Art 1 Sec 11a. Denial of Bail After Multiple Felonies.) Sexual offense means?

-aggravated sexual assault -sexual assault -indecency with a child

US Constitution 1st Amendment Neither federal, state or local governments may eliminate a citizens right too:

-hold or practice religious beliefs -transmit or receive free media communications -assemble peaceably -formally ask the government to correct a wrong.

The Texas criminal justice system is organized in three(3) component parts:

-law enforcement (Police) -courts -corrections

Citizens are protected from unreasonable search and seizure of a citizens:

-person -house (tent, rv, travel trailer, businesses, best, lockers,) - papers (documents) -effects (belongings, things)

Characteristics of Professionalism

-service to others -assessment of client needs -theoretical body of knowledge obtained through extended pre-service education -standards for entry, practice, and ethical conduct -professional association to maintain standards -continuing education & lifelong learning

Chapter 218: Continuing Education

1) A continuing education course is any training course that is recognized by the commission, specifically: a) legislatively required continuing education curricula and learning objectives developed by the commission; b) Training in excess of basic licensing course requirements c) training courses consistent with assigned duty; d) training not included in a basic licensing course.

Construction of Other Laws--223.14

1) A criminal disposition under the law of Texas, another state, federal, military, tribal, or foreign jurisdiction, will be construed under the closed equivalent under the Texas Penal Code classification of offense. 2) A classification of an offense as a felony at the time of conviction will never be changed because Texas law has changed or because the offense would not be a felony under current Texas laws.

Chapter 229: Texas Peace Officers Memorial Monument

1) A person is eligible to have the person name on the memorial monument if the person was killed in the line of duty and meet other established criteria.

Chapter 219: Pre-licensing, Reactivation, Test, and Endorsements

1) An individual may not take a licensing exam for a license they actively hold 2) To be eligible to take a state licensing exam, an individual must meet established criteria.

License Suspension--223.15

1) Commission may suspend a license or cert for violating any provision of the Texas Occupations Code, chapter 1701, or commission rule 2) Charged with a felony and placed on community supervision shall be suspended for 30 years 3) Convicted for any offense above the grade of Class C misdemeanor may be suspended for 10 years 4) A suspension based on a class A misdemeanor shall be at least 120 days 5) A suspension based on a class B misdemeanor shall be at least 60 days 6) The license of a person who fails to comply with legislative CE requirements may be suspended for up to 90 days for the first time and 180 days for second-time noncompliance. 7) The commission may suspend the license of a person who has previously received two written reprimands from the commission

The functions of Prejudice

1) Ethnocentrism 2) Stereotype and categorical treatment 3) Scapegoat 4) Projection 5) Authoritarian personality 6) Societal Strain (fear and insecurity)

Chapter 217: Enrollment, Licensing, Appointment, and Separation

1) In order for an individual to enroll in any basic licensing course the provider must have on file documentation, acceptable to the commission, that the individual meets eligibility for licensure.

Chapter 211: Administration

1) Meet every 2 years to receive public comment on training and standards for officers, jailers, and telecommunications. 2) Each meeting conducted by presiding officer or, in the absence of the presiding officer, by the assistant presiding officer, the secretary, the most senior commissioner, or another commissioner selected by vote, in that order.

A continuing education course is any training course that is recognized by the commission, specifically:

1) legislatively required continuing education 2) training In excess of basic licensing course requirements; 3) training course consistent with assigned duties; 4) training not included in a basic licensing course

Chapter 215: Training and Educational Providers:

1) The commission may enter into a contract with: a) a law enforcement academy training provider; b) a law enforcement association, distance education, or proprietary training provider; or c) an academic alternative training provider. 2) To enter into a contract with the commission, a training provider must be approved after completing all requirements for application and eligibility. 3) A training provider applicant must use the electronic application process and submit any required fee.

Chapter 225: Specialized Licenses

1) The commission shall issue a jailer license to an individual appointed by a contract jail facility who meets all the minimum standards for jailer Licensure, and submits both the current commission application and any required fees.

Chapter 221: Proficiency Certificates

1) The commission shall issue proficiency certificates in accordance with the Texas Occupations Code 1701.402 are neither required nor a prerequisite for establishing proficiency or training. 2) The commission shall give credit toward proficiency certification for successful completion of hours or degrees at accredited colleges and universities or for military service. 3) To qualify for proficiency certificates, applicants must meet all established proficiency requirements.

Chapter 223: Enforcement

1) The holder of a commission issued license or certificate can be sent notice of any hearing, or other action or matter before the commission at: a) the address of the agency shown in commission records to have the holder under current or last appointment; b) the address shown on the Texas drivers license record of the holder; c) the last known address on record with the commission or d) any other address requested by the holder in a written request to the executive director. 2) An action by the commission to deny, suspend, or revoke one license operates against any other commission license or certificate held by the same person.

Chapter 227: School Marshals

1) To be eligible for appointment as a school marshal, an applicant shall: a) successfully complete all prerequisite commission training; b) pass the state licensing exam; c) be employed and appointed by an authorized school district; and d) meet all statutory requirements, including psychological fitness.

Contested Case and Hearing--223.5

1) contested cases, hearings and appeals will be conducted pursuant to the Administrative Procedure Act, Texas Government Code, Chapter 2001 2) The commission may consider exceptions or briefs filed with 20 days after a partys notification of a proposal for decision. a) Responses are due within 15 days after exceptions are filed. 3) All or part of the proceeding of a contested case will be transcribed upon the written request of a party with cost to that party, unless the executive director provides otherwise. 4) any party who appeals a final decision must pay all preparation cost for the original or certified copy of the record of any proceeding to be submitted to the court 5) The commission may assess transcript cost to one or more parties.

Firearms proficiency officer is responsible for the documentation of annual firearms proficiency. The documentation for each officer shall include:

1) date of qualification; 2) identification of peace officer or jailer; 3) firearm manufacturer, model; 4) results of qualifying; and 5) course of fire;

Minimum licensing age requirements?

1) for peace officers and public security officers, is 21 years of age; or 18 years of age if the applicant has received a) an associates degree; or 60 semester hours of credit from an accredited college or university; or b) has received an honorable discharge from the armed forces for the US after at least 2 years of active service; 2) for jailers and telecommunications is 18 years of age;

USC 242

Deprivation of rights under color of law

Sexual Assault

1)intentionally or knowingly A) causes the penetration of the anus or sexual organ of another person by any means without the person's consent B)- Causes the penetration of the mouth of another person by the sexual organ of the actor without that person's consent; or C) Causes the sexual organ of another person without that person's consent to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor

Personal Rights are contained in which Amendments?

1,2,3,4

What brought racial profiling on?

1. ABUSE BY A SMALL PORTION OF OFFICERS 2. AWARENESS OF THE PUBLIC 3. INTOLERANCE 4. US

Steps in the arrest of a foreign national

1. Ask the detainee if he is a US citizen 2. Check the list of mandatory notification countries; if mandatory notification is required, do so without delay 3. If not on the list, ask if they wish for their consulate to be notified of their arrest or detention 4. Keep a written record of the arrestees/detainee's response 5. Document your notification (date, time, method of notification, and the person notified)

Sec. 1.02 Objectives of Code

1. To insure Public safety through: a) the deterrent influence of the penalties provided. b) the rehabilitation of those convicted of violations. c) such punishments as may be necessary to prevent the likely recurrence of criminal behavior 2. By def. and grading offenses that give fair warning of what is prohibited and of the consequences of violation 3. To prescribe penalties that are proportionate to the seriousness of offenses & that permit recognition of differences in rehab possibilities 4. To safeguard conduct that is without guilt from condemnation as criminal 5. To guide and limit the exercise of official discretion in law enforcement to prevent arbitrary or oppressive treatment of persons suspected accused, or convicted of offenses 6. To define the scope of state interest in law enforcement against specific offenses and to systematize the exercise of state criminal jurisdiction

What year did the 60th Legislature include the Commission in the Appropriations Act and funded an executive director and three staff members?

1967

District Courts Fines

1st Degree Felony $10,000.00 2nd Degree Felony $10,000.00 3rd Degree Felony $10,000.00 State Jail Felony $10,000.00

Which amendment involves peaceably to assemble?

1st amendment

Training Unit

2 years

(Penalty Group) State jail Felony

2,500-30,000 Less than 10 heads

(Ordinary Felony Punishments) Third Degree Felony

2-10 years 10,000

(Ordinary Felony Punishments) Second Degree Felony

2-20 years 10,000

(Answer Required--223.3) In order to preserve the right to a hearing as described in under this subchapter, an answer must be filed not later than ____ days after the date the respondent receives notice of the executive directors petition or notice of violations

20 days

Telecommunications shall complete at least ___ hours of continuing education

20 hours

Department of Justice reports that among those imprisoned on drug charges, ____% are white, ____% are black, and ____% are Latino.

26%; 45%; 21%

How many attempts are allowed to pass the state exam?

The report of training shall be submitted to the commission within ____ days following completion of the training

30 days

(contesting an employment termination) A petition described in subsection (a) of this section must be received by the executive director not later than the _____ day after the person receives a copy of the report of separation.

30th

Consular notification VCCR Article

Training cycle

4 yrs

How many hours in every training unit

Peace officers shall complete at least _____ hours of continuing education, to include the corresponding legislative update for that unit.

40 hours

Which amendment gives the officers and investigators a right to arrest, search and seize?

4th

Which amendment protects the citizens form unreasonable searches and seizures?

4th

(Ordinary Felony Punishments) First Degree Felony

5-99 years 10,000

Which Amendment protects you from freedom of double jeopardy?

5th

When a person licensed by the commission separates from an agency, the agency shall, within ___ business day, submit a Separation report (Form F5).

Secure Correctional Facility

A municipal or county jail; or (B) a confinement facility operated by or under a contract with any division of the Texas Department of Criminal Justice.

CCP 2.136 states:

A peace officer is NOT LIABLE for damages arising from an act relating to the collection or reporting of information as required by law under policy adopted by his/her agency.

Recklessly

A person WAS AWARE OF BUT CONSCIOUSLY DISREGARDS a substantial and unjustifiable risk will occur, or that the circumstances exist.

Knowingly

A person WAS AWARE THAT his conduct was reasonably certain to cause the result, or a person was aware that the circumstances exist.

Computation of Age

A person attains a specified age on the day of the anniversary of his birthdate.

Sec 1.06 Computation of Age

A person attains a specified age on the day of the anniversary of his birthdate.

Indecent Exposure (Class B)

A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether is present who will be offended or alarmed by his act.

Unlawful Restraint

A person commits an offense if he intentionally or knowingly restrains another person - It is an affirmative defense to a prosecution if the person restrained was a child <14, the actor was a relative of the child and the actors sole intent was to assume lawful control of the child. Class A Misdemeanor - except - a state jail felony if the person restrained was younger than 17 - Felony of third degree if the actor recklessly exposes the victim to a potential risk of serious bodily injury - the actor restrains an individual the actor is a public servant while the p.s is lawfully discharging an officially duty or in retaliation or on account of an exercise of official power or performance of an official duty as a P.S. or the actor while in custody restrains any other person

Manslaughter

A person commits an offense if he or she recklessly causes the death of an individual An offense under this section is a felony of the second degree.

Aggravated Sexual Assault

A person commits an offense if the person commits assault as defined in sec 22.011 and the person: 1)- Causes serious bodily injury to another including the person's spouse or 2) Uses or exhibits a deadly weapon during the commission of the assault. B- an offense under this section is a second degree felony UNLESS- 1) The actor uses a deadly weapon during the assault and causes serious bodily injury to a person whose relationship with the defend is scribed by Sec. 71.0021(b) 71.003 or 71.005, Family Code;

Robbery (2nd degree felony)

A person commits an offense if, in the course of committing theft with intent to obtain or maintain control of the property, he - Intentionally, knowingly, recklessly causes bodily injury to another or " " places another in fear of imminent bodily injury or death.

Public Servant

A person elected, selected, appointed, employed, or otherwise designated as one of the following, even if he has not yet qualified for office or assumed his duties: (A) an officer, employee, or agent of government; (B) a juror or grand juror; or (C) an arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy; or (D) an attorney at law or notary public when participating in the performance of a governmental function; or (E) a candidate for nomination or election to public office; or (F) a person who is performing a governmental function under a claim of right, although he is not legally qualified to do so.

Intentionally

A person has the CONSCIOUS OBJECTIVE or desire to engage in the conduct or to cause the result

Actor

A person whose criminal responsibility is in issue in a criminal action.

Effective Consent

A persona legally authorized to act for the owner

Penal Institution

A place designated by law for confinement of persons arrested for, charged with, or convicted of an offense.

Correctional Facility

A place designated by law for the confinement of a person arrested for, charged with, or convicted of a criminal offense. - Municipal or county jail - Confinement facility operated by the TDCJ - Confinement Facility operated under contract with any division of the TDCJ - Community corrections facility operated by a community supervision and corrections department

CCP Art. 1.07 Right to Bail.

All prisoners shall be bailable unless for capital offenses when the proof is evident. This provision shall not be so construed as to prevent bail after indictment found upon examination of the evidence, in such manner as may be prescribed by law.

What case law is established with Maryland v. Wilson?

Allows an officer to order PASSENGERS out of the vehicle following a lawful traffic stop pending the completion of the stop.

What case law is established with Pennsylvania V. Mimms?

Allows an officer to order the DRIVER out of the vehicle following a lawful traffic stop.

CCP Art 1.11 Acquittal A BAR

An acquittal of the defendant exempts him from a second trial or a second prosecution for the same offense, however irregular the proceedings may have been; but if the defendant shall have been acquitted upon trail in a court having no jurisdiction of the offense, he may be prosecuted again in a court having jurisdiction.

TCOLE is a state agency created by:

An act of the 59th Legislature--Senate Bill (SB) 236 which became effective on August 30, 1965

Responsibilities of Agency Chief Administrators--211.29

An agency chief administrator is responsible for making any and all reports and submitting any and all documents required of that agency by the commission.

Person

An individual or a corporation, association, limited liability company, or other entity organization governed by the Business organizations Code

Felony

An offense so designated by law punishable by death or confinement in a penitentiary

United States v. Mendenhall

Any citizen is free to leave at any point in time during a consensual encounter, and the encounter is not considered a seizure under the fourth amendment

Public Place

Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

Official Proceeding

Any type of administrative, executive, legislative, or judicial proceeding that may be conducted before a public service

Benefit

Anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested

Harm

Anything reasonably regarded as loss, disadvantage, or injury, including harm to other persons in whose welfare the person affected is interested

CCP Art. 1.19 Corruption of Blood

Art. 1.19. CORRUPTION OF BLOOD, ETC. No conviction shall work corruption of blood or forfeiture of estate.

For All Foreign Nationals Except Those From Mandatory Notification Countries Statement

As a non-U.S. citizen who is being arrested or detained, you may request that we notify your country's consular officers here in the United States of your situation. You may also communicate with your consular officers. A consular officer may be able to help you obtain legal representation, and may contact your family and visit you in detention, among other things. If you want us to notify your consular officers, you can request this notification now, or at any time in the future. Do you want us to notify your consular officers at this time?

Occupations Code 1701.402 (e) Proficiency Certificates states

As a requirement for an intermediate proficiency certificate, an officer must complete an education and training program on racial profiling established by TCOLE.

Prejudice

As adverse judgment or opinion formed beforehand or without knowledge of or examination of the facts. i.e. bias

Consent

Assent in fact, whether express or apparent

Fear

Basic to prejudice. It excites emotions to the point of overshadowing rational judgment. We believe that someone is trying to intrude and threaten the things that belong to us.

Fear

Basic to prejudice. it excites the emotions to the point of overshadowing rational judgment

United States Constitution 10th Amendment

Basically, what the 10th Amendment means is that powers not temporarily granted to the federal government by the Constitution and/or the Bill of Rights, are still the property of individual States within the union, or, in the case of those powers that were prohibited by the Constitution to the States, those powers were still the property of the people at large.

When it comes to Documentation...

Be able to articulate the reason for the contact

For Foreign Nationals From Mandatory Notification Countries Statement

Because of your nationality, we are required to notify your country's consular officers here in the United States that you have been arrested or detained.We will do this as soon as possible. In addition, you may communicate with your consular officers.You are not required to accept their assistance, but your consular officers may be able to help you obtain legal representation, and may contact your family and visit you in detention, among other things. Please sign to show that you have received this information.

Burden of Proof in a criminal Case

Beyond a reasonable doubt

Education Code 96.641 states:

Bill Blackwood L.E. Management Institute of TX establishes and offers a program of initial training and a program of continuing education for police chiefs.

Act

Bodily movement, whether voluntary or involuntary, and includes speech

Unlawful

Criminal or tortious or both and includes what would be criminal or tortious but for a defense not amounting to justification or privilege

Texas Penal Code 36.02

Bribery

Penal Code Chapter 36

Bribery and Corrupt Influence

Texas Penal Code Chapter 36

Bribery and Corrupt Influence

How the U.S Constitution and Bill Of Rights Protected?

By governments promoting and enforcing their rights and respecting their dignity.

We tend to _____________ people and make judgements about them rather than evaluate them based on their individual _______________

Categorize, character

The act of regarding ones culture as the "________ ___ _____ ___________" and hence as the basis for all comparisons with other cultures.

Center of the universe

The _________ _______________ of an agency that has licensees who are in non-compliance shall, within 30 days of the receipt of notice of non-compliance, submit a report to the commission explaining, the reason for such non-compliance

Chief Administrator

The training program will be made available to employees in the child protective services division of the department of family and protective services, including caseworkers, supervisors, and special investigators.

Child Safety Check Alert List Training.

Function and Role of Law Enforcement

City Police County Police State Police Federal Police All policing agencies perform the same basic duties and responsibilities, which are, maintain law and order, provide community assistance, and investigate crimes.

Municipal Ordinances

City laws that have no jail time, but can have a fine up to $2000

Function And Role Of City Police (Municipal) Most police officers are employed by cities and towns. Responsible for enforcing:

City ordinances State criminal laws All other criminal statutes (FC, H&SC) within the city limits

Justice of the Peace

Civil actions of not more than $10,000. Small claims. Criminal misdemeanors punishable by fine only (no confinement). Class C Magistrate functions. A Justice of the Peace is elected by the residents of the precinct where the court is located. Jurisdiction is within the precinct where the court is located.

Offense for TPC 36.04

Class A Misdemeanor

Offense for TPC 36.07

Class A Misdemeanor

Offense for TPC 36.08

Class A Misdemeanor

Offense for TPC 37.02

Class A Misdemeanor

Offense for TPC 37.10

Class A Misdemeanor Defraud/harm another - State Jail Felony Gov Record - Felony Of The Third Degree GR Defraud/harm another - Felony Of The Second Degree School enrollment - Class C Misdemeanor Appraisal - Class B Misdemeanor Ballot - Class B Misdemeanor

Offense for TPC 39.02

Class A Misdemeanor Standard Value Ladder

Offense for TPC 39.03

Class A Misdemeanor TEA - Felony Of The Third Degree

Constitutional County Courts Fines

Class A Misdemeanor $4,000.00 Class B Misdemeanor $2,000.00

Statutory County Courts Fines

Class A Misdemeanor $4,000.00 Class B Misdemeanor $2,000.00

Offense for TPC 36.03

Class A Misdemeanor unless the coercion is a threat to commit a felony, in which event it is a Felony of the Third Degree

Standard Value Ladder

Class C - less than $100 Class B - $100 or more, less than $750 Class A - $750 or more, less than $2,500 State Jail - $2,500 or more, less than $30,000 3rd Deg - $30,000 or more, less than $150,000 2nd Deg - $150,000 or more, less than $300,000 1st Deg - $300,000 or more

Fines Justice of the Peace Courts Fines

Class C Misdemeanor $500.00

Municipal Courts Fines

Class C Misdemeanor $500.00 City Ordinances $2,000.00

Penalty Group

Class C misdemeanor- less than $100 Class B misdemeanor- $100-750 Class A misdemeanor- 750-2500 State jail Felony- $2500-30,000 less than 10 heads. Felony of the third degree- 30,000-150,000-10 or more head Felony of the Second degree- 150,000-300,000 Felony of the First degree- 300,000 or more

What is the CCP?

Code of Criminal Procedure

Texas Penal Code 36.03

Coercion of Public Servant or Voter

Injury to a child, elderly individual, or disabled individual

Commits an offense if he causes - Serious Bodily injury, serious mental deficiency impairment or injury or bodily injury. - Person commits an offense if the person is an owner, operator, or employee of a group home, using facility, assisted living facility, boarding home facility, intermediate care facility for persons with an intellectual or developmental disability, or other institutional care facility and the person "" by omission causes to a child, elderly, individual, or disabled individual who is a resident of that group home or facility

Aggravated Robbery (first degree)

Commits robbery and causes severe bodily injury to another, uses or exhibits a deadly weapon or causes bodily injury to another person or threatens or places another person in fear of imminent bodily. injury or death if the other person is 65 years of age or older, a disabled person

(Texas Constitution Sec 17 Taking Property for Public Use; Special Privileges and Immunities; Control of Privileges and Franchises.) When a persons property is taken under this section, except for the use of the State, _________________ shall be first made, or secured by a deposit of money; and no irrevocable or uncontrollable grant of special privileges or immunities shall be made; but all privileges and franchises granted by the Legislature, or created under its authority, shall be subject to the control thereof.

Compensation

Keys to professional police work:

Competence and Fairness

US Constitution 1st Amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

USC 241

Conspiracy against rights

Components Of The Criminal Justice System

Correctional system - function and role of: Municipal Fines County Jail State Prison Probation Parole

Function and Role of the Sheriff Responsible for enforcing:

County ordinances State laws Statutes in the unincorporated areas of the county (No cities) Jurisdiction is within the county

Physical and moral courage

Courage is the state or quality of mind or spirit that enables one to face danger with self-possession, confidence, and resolution; bravery; valor.

Virginia v Moore

Court decision that allowed for a warrantless search of automobiles upon the arrest of the driver.

Offense for TPC 36.05

Criminal - Felony Of the Third Degree, Capital Felony - Felony Of The First Degree. Family Violence - Felony Of The Third Degree Fam Violence 2nd - Felony Of The Second Degree

Texas Department of Public Safety Divided into Seven Divisions

Criminal Law Enforcement Director's Staff Texas Division of Emergency Management Driver License Public Safety Commission Texas Highway Patrol Texas Rangers

Municipal Courts (Corporation Courts)

Criminal misdemeanors punishable by fine only (no confinement). Class C Exclusive original jurisdiction over municipal ordinance criminal cases. Limited civil jurisdiction in cases involving dangerous dogs. Magistrate functions. Jurisdiction within the corporate city limits Judges are appointed by city administration

Multiculturalism and Human Relations goes beyond the obvious: _________, ________ and ________

Cultural, racial, ethnic

Insanity

Deals with the defendants state of mind at the TIME OF THE CRIME - if the defendant is found not guilty by reason of insanity the criminal case is over

L3 Form

Declaration of psychological and emotional health

L2 Form

Declaration of the lack of any drug dependency or illegal drug use

Murray v. State

Defendant's vehicle parked parallel to road, partially on improved road and partially in driveway next to closed fireworks stand which had been the location of a previous burglary. Officer finally got defendant to awake, and encounter led to arrest for DWI.

Incompetence

Defendants state of mind at the TIME OF TRIAL- if the defendant is found incompetent to stand trial, the defendant is hospitalized until he gets better and then he goes to criminal trial

CCP 2.137 Provision of Funding or Equipment from

Department of Public Safety

Federal Emergency Management Agency

Disaster preparedness, response, and recovery

The License of a person who has received a _________ ___________ based on misconduct which bars future military service shall be revoked.

Dishonorable discharge

Affirmative Defenses

Duress, Insanity, Mistake of law, Involuntary intoxication

Texas Constitution Art 1. Section 3a

EQUALITY UNDER THE LAW. Equality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin. This amendment is self-operative.

CCP 2.132 states:

Each Agency In This State Shall Develop A Detailed Written Policy On Racial Profiling

Function And Role Of County Law Enforcement

Each Texas county has an elected sheriff. The sheriff is elected on a county wide basis and is the head law enforcement officer for the county. The sheriff's jurisdiction is the entire county.

CCP Art. 2.09. Who Are Magistrates

Each of the following officers is a magistrate within the meaning of this Code: The justices of the Supreme Court, the judges of the Court of Criminal Appeals, the justices of the Courts of Appeals, the judges of the District Court, the magistrates appointed by the judges of the district courts of Bexar County, Dallas County, or Tarrant County that give preference to criminal cases, the criminal law hearing officers for Harris County appointed under Subchapter L, Chapter 54, Government Code, the criminal law hearing officers for Cameron County appointed under Subchapter BB, Chapter 54, Government Code, the magistrates or associate judges appointed by the judges of the district courts of Lubbock County, Nolan County, or Webb County,

Constable and Sheriff

Elected Officials and must meet certain requirements.

Chapter 223?

Enforcement

Chapter 217?

Enrollment, Licensing, Appointment and Separation

Texas Constitution Art 1 Sec 23

Every citizen shall have the right to keep and bear arms in the lawful defense of the himself or in the state; but the legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.

Texas Constitution Art. 1 Sec 8. Freedom of Speech and Press: Libel & CCP Art 1.16 Liberty of Speech and Press

Every person shall be at liberty to speak, write or publish his opinions on any subject, being responsible for the abuse of that privilege; and no law shall ever be passed curtailing the liberty of speed or of the press. In prosecutions of the publication of papers, investigating the conduct of officers, or men in public capacity, or when the matter. published is proper for public information, the truth thereof may be given in evidence. and in all indictments for libels, the jury shall have the right to determine the law and the facts, under the direction of the court, as in other cases.

CCP Art. 1.09 Cruelty Forbidden

Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted.

Texas Constitution Art. 1 Sec 13. Excessive Bail or Fines; Cruel or Unusual Punishment; Open Courts; Remedy By Due Course of Law.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted. All courts shall be open, and every person for an injury done him, in his lands, good, person or reputation, shall have remedy by due course of law.

Texas Constitution Art. 1 Section 13. Excessive Bail Or Fines; Cruel Or Unusual Punishment; Open Courts; Remedy By Due Course Of Law.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted. All courts shall be open, and every person for an injury done him, in his lands, goods, person or reputation, shall have remedy by due course of law.

United States Constitution 8th Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted.

The ___________ ______________ may waive the legislatively required CE for a licensee, as required by there Texas Occupations Code, Chapter 1701, if the licensee demonstrates the existence of mitigating circumstances justifying the licensees failure to obtain the legislatively required CE.

Executive Director

Civil Commitment Facility

Facility owned, leased, or operated by the state, or by a vendor under contract with the state, that houses only persons who have been civilly committed a sexually violent predators under Ch. 841 Health & Safety Code

Texas Penal Code 39.05

Failure to Report Death of Prisoner

Omission

Failure to act

Texas Penal Code 37.08

False Report to Peace Officer or Law Enforcement Employee

Types of Federal Prisons By Name

Federal Correctional Complexes (FCC) are BOP installations that have multple facilities with different missions and security levels located within close proximity to one another. Federal Correctional Institutions (FCI) are Low and Medium Security facilities. Federal Detention Centers (FDC) are inmate reception and transfer centers. Federal Medical Centers (FMC) handle inmates requiring medical or psychiatric care. Federal Prison Camps (FPC) are for minimum security inmates. Federal Transfer Centers U.S. Penitentiaries (USP) are for inmates classified for High (Maximum) Security. Metropolitan Correctional Centers (MCC) Metropolitan Detention Centers (MDC)

Others are strange and different

Feelings that the other group is alien or different which promotes the social exclusion of members of a particular group and blocks any acceptance of a person on individual merit. These feelings foster aversion, dislike, or even open hostility against persons of a different group.

Offense for TPC 37.03

Felony Of The Third Degree

Offense for TPC 36.06

Felony Of The Third Degree Harm - Felony Of The Second

Offense for TPC 39.04

Felony Of The Third Degree SC /TDJC - Felony Of The Second Degree JUV / SC /TDJC - Felony Of The First Degree Not in custody / Sup TDJC - State Jail Felony

Offense for TPC 39.06

Felony Of The Third Degree School/Suppress - Class A Misdemeanor Defraud/harm another - Felony Of The Third Degree Not made public - Class C misdemeanor

Offense for TPC 37.09

Felony Of The Third Degree altered, destroyed, or concealed is a human corpse, Felony Of The Second Degree. Corpse not reported - Class A Misdemeanor

Offense for TPC 36.02

Felony of the Second Degree

Smuggling of Persons

Felony of the third degree -Uses motor vehicle, aircraft, watercraft, or other means of conveyance to transport an individual with intent to - Conceal the individual from a peace officer or special investigator or - flee from a person the actor knows is a peace officer or special investigator attempting to lawfully arrest or detain the actor or encourages or induces a person to enter or remain in this country in violation of federal law by concealing, harboring, or shielding that person from detection.

Due process of law is contained in both the ________ and _______________ amendments of the US Constitution. d

Fifth Fourteenth

Texas Supreme Court (1 Court with 9 Justices)Statewide Jurisdiction

Final appellate jurisdiction in civil cases and juvenile cases. Composed of the chief justice and eight justices, the Supreme Court of Texas is the court of last resort for civil matters in the state. The Supreme Court is in Austin, immediately northwest of the state Capitol.

(Ordinary Misdemeanor Punishments) Class C Misdemeanor

Fine not to exceed $500

"Race or ethnicity" means:

Following categories: - Alaska Native or American Indian - Asian or Pacific Islander - Black - White - Hispanic or Latino

Elements of a Crime

Forbidden conduct Required culpability Required result Negation of any exception to the offense

Race

Generally refers to groups of people with common ancestry and physical characteristics.

Texas Penal Code 36.08

Gifts to Public Servants

Police-Community Relations (PCR)

Goal: Change attitudes and project a positive image - improved relations with citizens is a main focus - Staff Function: Irregular contact between officers and citizens - Limited influence and respect for officers - indirect service - advice on crime prevention from PCR officer but "regular" officers respond to complaints - Officer seldom seen "on the streets" - Officer is viewed as an "outsider"

Association

Government or governmental subdivision or agency, trust, partnership, or two or more persons having a joint or common economic interest.

Controlled Substance

Has the meaning assigned by Sec 481.002, Health and Safety Code

9th amendment Rights not _______________ in the Constitution belong to the citizen.

Identified

The role of the peace officer includes enforcing laws in an ___________ _________ and supporting the concept that all persons, including criminal justice personnel, are equally subject the law and will be treated equally by it.

Impartial manner

Texas Penal Code 36.04

Improper Influence

Sec. 7.03 Defenses excluded

In a prosecution in which an actor's criminal responsibility is based on the conduct of another, the actor may be convicted on proof of commission of the offense and that he was a party to its commission, and it is no defense: (1) that the actor belongs to a class of persons that by definition of the offense is legally incapable of committing the offense in an individual capacity; or (2) that the person for whose conduct the actor is criminally responsible has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense or of a different type or class of offense, or is immune from prosecution.

CCP Art. 1.05 Rights of Accused

In all Criminal prosecutions the accused shall have a speedy public trial by an impartial jury. He shall have the right to demand the nature and cause of the accusation against him, and to have a copy thereof. He shall not be compelled to give evidence against himself, and shall have the right of being heard by himself or counsel, or both, shall be confronted by the witnesses against him and shall have compulsory process for obtaining witnesses in his favor, except that when the witness resides out of the State and the offense charged is a violation of any of the anti-trust laws of this State, the defendant and the State shall have the right to produce and have the evidence admitted by deposition, under such rules and laws as the Legislature may hereafter provide; and no person shall be held to answer for a criminal offense, unless on an indictment of a grand jury,

Texas Constitution Art. 1 Sec 10. Rights of Accused in Criminal Prosecutions

United Sates Constitution 6th Amendment

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trail, by an impartial jury.....and to be informed of the nature and cause of the accusation; to be confronted with the witnesses again him; to have compulsory process allows defendants in criminal cases to secure witnesses in their favor; and to have the assistance of counsel for his defense.

United States Constitution 7th Amendment

In suits at common law ( cases law or precedent/The judge takes an active role)...the right of trail by jury shall be preserved, and nor act tried by a jury shall be otherwise re-examined...than according to the rules of common law.

Swear

Includes Affirm

Agency

Includes authority, board, bureau, commission, committee, council, department, district, division, and office.

Rule

Includes regulation

Effects Of Criminal Justice Component Interaction:

Increased arrests causes increase in court dockets. Court dispositions increase correctional populations. Correctional releases (parole & time complete) often impacts police functions if correctional system fails.

(CCP Art. 1.051 Right to Representation by Counsel) "__________" means a person who is not financially able to employ counsel.

Indigent

Chrisman v State

Information from Citizen/Police Radio/Anonymous Call This stop was based solely on a 9-1-1 call from a bartender who stated an intoxicated person had just driven away from the bar after being denied service and who refused to take a cab.

On a finding by the TCOLE that the chief administrator of a law enforcement agency _____ _____ ______ ______ required, the commission shall begin _______ ________ against the chief administrator.

Intentionally failed to submit a report, disciplinary procedures

Kidnapping

Intentionally or Knowingly abducts another person - affirmative defense to prosecution that: 1) The abduction was not coupled with intent to use or to threaten to use deadly force; 2) the actor was a relative of the person abducted and 3) the actors sole intent was to assume lawful control of the victim. Felony of the third degree.

Capital Murder

Intentionally or knowingly causes the death of an individual AND - The person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman - The person intentionally commits murder in the course of committing or attempting to commit kidnapping, burglary, robbery aggravated sexual assault, arson, obstruction, or retaliation

Culpable Mental States

Intentionally, Knowingly, Recklessly, Criminal Negligence

Courts of Appeals(14 Courts with 80 Justices with Regional Jurisdiction)

Intermediate appeals from trial courts (ie: District and County Courts) in their respective courts of appeals districts. NOTE: Original jurisdiction for and appeal from District/County Court. Judges are elected.

Citizens are protected from imprisonment without a formal trial except during an ____________ or _____________.

Invasion or rebellion

Racial Profiling

Is a law enforcement initiated action based on an individuals race, ethnicity, or national origin rather than on an individuals behavior or on the information identifying the individual as having engaged in criminal activity

Sec. 8.06 Entrapment

It is a defense to prosecution that the actor engaged in the conduct charged because he was induced to do so by a law enforcement agent using persuasion or other means likely to cause persons to commit the offense. Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment.

Sec. 8.05 Duress

It is an affirmative defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by threat of imminent death or serious bodily injury to himself or another.

Sec. 8.03 Mistake of Law

It is no defense to prosecution that the actor was ignorant of the provisions of any law after the law has taken effect.

What is the purpose of the Writ?

It is not to determine the prisoner's guilt or innocence, and the only issue which it presents is whether the prisoner is restrained of his liberty by due process.

CCP Art. 2.10. Duty Of Magistrates

It is the duty of every magistrate to preserve the peace within his jurisdiction by the use of all lawful means; to issue all process intended to aid in preventing and suppressing crime; to cause the arrest of offenders by the use of lawful means in order that they may be brought to punishment.

First Texas militia

It was organized by Stephen F. Austin and evolved into the Texas Rangers.

CCP 2.132 defines:

Law Enforcement Policy on Racial Profiling

Criminal Law:

Law which for the purpose of preventing harm to society, (a) Declares what conduct is criminal, and (b) prescribes the punishment to be imposed for such conduct. It includes the definition of specific offenses and general principles of criminal responsibility. Criminal laws are commonly codified into criminal or penal codes, e.g. Texas Penal Code. Examples: criminal trespass, murder, assault, theft

(Penalty Group) Class C

Less then $100

CCP 2.136 defines:

Liability

Attitudes change because of _______ _______________

Life experiences.

(Ordinary Felony Punishments) Capital Felony

Life with out parole over 18 Life over 18

Who suspended habeas corpus?

Lincoln and Bush

Because of the need for continuing interpretation of the Constitution, in effect, it became a "________" standard which was necessarily in tune with the needs of each generation of people.

Living.

U.S. Magistrate Court

Lowest Federal Court Set bail and give magistrates warnings in serious felony cases Hear violations of Federal law that are minor misdemeanors Illegal entry into the country Assault on Federal property Magistrates are appointed for 8 years by the U. S. District judges in the District they are appointed

The Corrections Component Of The Criminal Justice System Two responsibilities:

Maintaining facilities that securely confine offenders who are confined to jail or prison Rehabilitating and treating offenders so that they can return to society

Misuses of the term professionalism

Many confuse professionalism with an image of the officer who is cool and aloof, showing no feeling, with a crisp uniform, shined shoes, reflective sunglasses, using high technology as an expert at fighting criminals.

Not later than _____ _____ ____ ____ ______, each law enforcement agency shall submit a report containing the incident-based data compiled during the previous calendar year to the Texas Commission on Law Enforcement and, if the law enforcement agency is a local law enforcement agency, to the governing body of each county or municipality served by the agency.

March 1st of each year

United States Coast Guard

Maritime security, national defense, maritime mobility, and protection of natural resources (assigned to Department of the Navy during times of war or at the president's direction)

Federal Prisons

Maximum and High Security inmates are sent to U.S. Penitentiaries (USP). Medium and Low Security inmates are sent to Federal Correctional Institutions (FCI). Minimum Security inmates are sent to Federal Prison Camps (FPC). Inmates requiring special medical or psychiatric care are sent to Federal Medical Centers (FMC).

Transportation Code 543.202 Definition: Race or Ethnicity

Means of a particular descent including Caucasian, African, Hispanic, Asian, or Native American.

TPC 39.06

Misuse Of Official Information

Texas Penal Code 39.06

Misuse of Official Information

CCP Art. 1.04 Due Course of Law

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.

Texas Constitution Art 1 Sec 19. Deprivation of Life, Liberty, Property, Etc. by due course of law.

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.

CCP Art. 1. 18 Outlawry and Transportation

No citizen shall be outlawed, nor shall any person be transported out of the State for any offense committed within the same

Texas Constitution Art. 1 Section 20. Outlawry Or Transportation Out Of State For Offense.

No citizen shall be outlawed. No person shall be transported out of the State for any offense committed within the same. This section does not prohibit an agreement with another state providing for the confinement of inmates of this State in the penal or correctional facilities of that state.

Texas Constitution Art. 1 Section 21. Corruption Of Blood; Forfeiture Of Estate; Suicides.

No conviction shall work corruption of blood, or forfeiture of estate, and the estates of those who destroy their own lives shall descend or vest as in case of natural death.

CCP Art. 1.15 Jury in Felony

No person can be convicted of a felony except upon the verdict of a jury duty rendered and recorded, unless the defendant, upon entering a plea, has in open court in person waived his right of trail by jury in writing in accordance with Articles 1.13 and 1.14; proved however that it shall be necessary for the state to introduce evidence into the record showing the guilt of the defendant and said evidence shall be accepted by the court as the basis for its judgment and in no event shall a person charged be convicted upon his plea without sufficient evidence to support the same. The evidence may be stipulated if the defendant in such case consents in writing, in open court, to waive the appearance, confrontation, and cross-examination of witnesses, and further consents either to an oral stipulation of witnesses, testimony or to the introduction of testimony by affidavits, written statements of witnesses, and any other documentary evidence in support of the judgement of the court. such waiver and consent must be approved by the court in writing, and be filed in the file of the papers of the cause.

CCP Art. 1.17 Religious Belief

No person shall be disqualified to give evidence in any court of this State on account of his religious opinions, or for the want of any religious beliefs; but all oaths or affirmations shall be administered in the mode most binding upon the conscience, and shall be taken subject to the pains and penalties of perjury.

United States Constitution 5th Amendment

No person shall be held to answer for a capital or others infamous crime unless on a presentment (the written notice taken by a grand jury or any offense) or indictment of a grand jury...nor shall nay person be subject, for the same offense, to be twice put in jeopardy for life or limb; nor shall he be compelled in any criminal cases, to be a witness against himself; nor be deprived of life, liberty , or property, without due process of law; nor shall private property be taken for public use, without just compensation.

CCP Art. 1.10 Jeopardy

No person, for the same offense, shall be twice put in jeopardy of life or liberty; nor shall a person be again put upon trail for the same offense after a verdict of not guilty on a court of competent jurisdiction.

Texas Constitution Art 1. Sec 14 Double Jeopardy

Texas Constitution Sec 17 Taking Property for Public Use; Special Privileges and Immunities; Control of Privileges and Franchises.

No persons property shall be taken, damaged, or destroyed for or applied to public use without adequate compensation being made, unless by the consent of such person, and only if the taking, damage, or destruction is for: -the ownership, use, and enjoyment of the property, notwithstanding an incidental use, by; -the state, a political subdivision of the state, or the public at large; or an entity granted the power of eminent domain under law; or the elimination of urban blight on a particular parcel of property.

Texas constitution Art. 1. Sec 25 Quartering Soldiers in Houses.

No soldier shall in time of peace be quartered in the house of any citizen without the consent of the owner, nor in time of war but in a manner prescribed by law.

United States Constitution 3rd Amendment

No soldier shall in time of peace, be quartered in any house, without the consent of the owner; nor in time of war, but in a manner prescribed by law.

Corporation

Nonprofit corporations, professional associations created pursuant to statute, and joint stock companies

Texas Rangers

Oldest law enforcement agency in Texas Criminal and special investigations; Apprehending wanted felons; Suppressing major disturbances; Protection of life and property; and Rendering assistance to local law enforcement officials in suppressing crime and violence.

U.S. Customs and Border Protection

On March 1, 2003, DHS absorbed the Immigration and Naturalization Service and assumed its duties. In doing so, it divided the enforcement and services functions into two separate and new agencies: Immigration and Customs Enforcement and Citizenship and Immigration Services. Additionally, the border enforcement functions of the INS, the U.S. Customs Service, and the Animal and Plant Health Inspection Service were consolidated into a new agency under DHS: U.S. Customs and Border Protection. (Passports for U.S. Citizens are issued by the United States Department of State, not the Department of Homeland Security.)

New York v. Belton (1981)

Once a driver has been arrested, the police may conduct a warrantless search of the passenger compartment of the automobile. The police may examine the contents of any container found within the passenger compartment as long as they may reasonably believe it might contain something that could pose a danger to the officer or hold evidence of the offense for which the suspect has been arrested.

How often do you have to complete firearms proficiency requirements?

Once each calendar year for each type of firearm carried.

Ferris v State 1999

Once the purpose of the initial stop has been fulfilled, continued detention amounts to a "second stop" which must be either consensual or justified by reasonable, articulable suspicion to be valid under the Fourth Amendment.

U.S. District Court

Original Jurisdiction for all serious felonies and misdemeanors Hears cases dealing with Environment Civil Rights (USC 241 and 242) Other civil matters (1983) Judges appointed for life by the President and confirmed by the Senate

District Courts (452 Courts -- 452 Judges)

Original jurisdiction civil actions over $200 or $500, divorce, title to land, contested elections. District Courts (452 Courts -- 452 Judges) Original jurisdiction in felony criminal matters. Capital Felony 1St Degree Felony 2nd Degree Felony 3rd Degree Felony State Jail Felony District Courts (452 Courts -- 452 Judges) Juvenile matters. 13 district courts are designated criminal district courts; Some others are directed to give preference to certain specialized areas. Judges are elected.

Constitutional County Courts (254)(One Court in Each County)

Original jurisdiction in civil actions between $200 and $10,000. Probate (contested matters may be transferred to District Court). Exclusive original jurisdiction over misdemeanors with fines greater than $500 or jail sentence. Class A & B Juvenile matters. Appeals de novo (beginning again) from lower courts or on the record from municipal courts of record. Judges are elected.

Function and Role of Parole

Parole is release from prison before the end of their sentence Supervised by parole officer Parole can be revoked and the offender can be sent to back to prison Texas Board of Pardons and Parole selects prisoners for parole

Function And Role Of Game Wardens (State Police

Part peace officer and part agency public relations representative, game wardens are charged with enforcing state hunting and fishing laws, protecting natural resources and the environment and overseeing boating safety.

Graham v. State (1998)

Passenger is "seized" for purposes of the 4thAmendment when he is ordered to remain in a car stopped for speeding while officer checks the driver's license and registration. Continued detention of passenger after purpose of stop is accomplished is unreasonable, unless there is reasonable, articulable suspicion to justify continuing the detention. (driver's license proved invalid, driver was arrested, yet passenger ordered to remain in the car after driver's arrest to wait 25 minute for a K-9 unit)

Statutes

Penal code, Health and Safety Code (drug laws), Alcohol Beverage Code and Transportation Code.

Texas Penal Code 37.02

Perjury

Penal Code Chapter 37

Perjury and Other Falsification

Texas Penal Code Chapter 37

Perjury and Other Falsification

Revocation ______________ bars the person from any future licensing or certification but the commission.

Permanently

Prohibited Sexual conduct

Person engages in sexual intercourse or deviate sexual intercourse with another person the actor knows to be, without regard to legitimacy - The actor's ancestor or descendant by blood or adoption; - The actor's current or former stepchild or stepparent; - The actor's parents brother or sister of the whole or half blood; - The actor's brother or sister of the whole or half blood or by adoption - The children of the actor's brother or sister of the whole or half blood or by adoption or - The son or daughter of the actor's aunt or uncle of the whole or half blood or by adoption - FELONY OF THE THIRD DEGREE, unless the offense is committed under Sub (a) (1) in which the event of the offense is a felony of the second degree

Another

Person other than the actor

Arson

Person starts a fire regardless of whether the fire continues after ignition, or causes an explosion with intent to destroy or damage - Any vegetation, fence or structure on open space land or any building, habitation or vehicle - Knowing that it is within the limits of an incorporated city or town; - Knowing that is is insured against damage or destruction;

Owner

Person who has title to property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor or is a holding in due course of a negotiable instrument

Bodily Injury

Physical pain, illness, or any impairment of physical condition.

Bill Blackwood L.E. Management Institute of TX is the initial training program and CEU for _______ ______

Police Chiefs

When this macho, action-oriented mindset is coupled with wide-ranging autonomous and loosely-supervised discretion, the potential for ____ ____ of _____ is considerably magnified.

Police abuse of power

Police Legitimacy and Procedural Justice

Police legitimacy means people have trust and confidence in the police, accept police authority and believe officers are fair. - treating people with dignity and respect - making decisions fairly, based on facts, not illegitimate factors such as race - giving people "voice" a chance to tell their side of the story - acting in a way that encourages community members to believe that they will be treated with goodwill in the future.

Chapter 219?

Pre-Licensing, Reactivation, test, and endorsements.

Who is prejudiced?

Prejudice is a universal ill. All of us have some kind of prejudice. As we learn about other cultures and people who are different from us, we learn to judge them relative to the norms of our own cultural group. The key is to be aware of the prejudices, to work at reducing their impact in our lives, and to keep our prejudices out of our job performance.

TCOLE was funded from who?

Private foundation and federal grants.

All arrest, with or without a warrant must be based on?

Probable cause

Due Process begins when the officer has ___________ _________ to believe the person committed a crime.

Probable cause

Function and Role of Probation

Probation allows an offender to remain in the community rather than go to jail or prison. Supervised by probation officer Probation can be revoked and the offender can be sent to jail or prison

U.S. Immigration and Customs Enforcement

Processes citizenship, residency, and asylum requests from foreigners

United States Citizenship and Immigration Services

Processes citizenship, residency, and asylum requests from foreigners

Chapter 221?

Proficiency Certificates

Driver License

Promote public safety, and enhance safe driving on all Texas roadways by: Issuing quality driver licenses and identification cards Collecting, maintaining and providing reliable accurate records. Enforcing and administering laws

The Role of protecting rights and dignity of individuals was identified on the basis of detailed research conducted by Project Star on criminal justice roles. it is described as follows:

Protecting the rights of all individuals and groups to equal application of the law, a fair and impartial trial, and appropriately dignified treatment.

What is protected by the U.S Constitution and Bill Of Rights?

Protection from the government. (Federal, State, Local) each other and from endangering conditions.

scapegoat

Provides a convenient group or person to blame when things go wrong in ones personal life or in the community

Projection

Provides an outlet for projecting ones tension and frustrations onto other people

Function and Role of County Jail Each county in Texas maintains a county jail responsible for:

Providing custody of offenders who have been convicted of misdemeanors and sentenced to up to one year in jail Holding offenders waiting to go to trial Holding offenders waiting to be transferred to TDCJ

Orders of a county commissioner court

The county Commissioners Court makes the law for the county.

Ethical dilemmas in law enforcement

Public and private concern centers on our own values or our lack of them.

(Texas Constitution Sec 17 Taking Property for Public Use; Special Privileges and Immunities; Control of Privileges and Franchises.) "__________ ____" does not include the taking of property for transfer to a private entity for the primary purpose of economic development or enhancement of tax revenues.

Public use

Since no "_________" race exists, some prefer to avoid reference to race and instead discuss _________ __________ under the leading of ethnicity.

Pure, Group differences.

Transportation Code 543.202 defines:

Race/Ethnicity

CCP 3.05 defines:

Racial Profiling Definition

Deadly Conduct (third degree felony)

Recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded

Ethnicity

Refers to shared culture and background.

CCP 2.133 defines:

Reports are required for both TRAFFIC and PEDESTRIAN stops.

Occupations Code 1701.402(e) defines:

Requirement for an intermediate proficiency certificate

Transportation Security Administration

Responsible for aviation security (domestic and international, most notably conducting passenger screenings at airports), as well as land and water transportation security

The Writ of habeas corpus is a writ of _______ and shall never be ___________.

Right, suspended

Chapter 227?

School Marshals

Feeling of superiority

Self-assured feeling on the part of certain individuals that they are superior or better than others, which is frequently expressed in inappropriate jokes and disparaging remarks directed to those regarded as inferiors

F5 Form

Separation Form

Function and Role of the Constable Responsible for:

Service of civil and criminal process in the county Provide security in the justice of the peace courts General police powers in the county

Function and Role of the Sheriff Also responsible for:

Serving civil and criminal process for the county and district courts Providing security in the county and district courts Supervising the county jail

Smuggling of persons (1st degree)

Shown on trial of the offense that, as a direct result of the commission of the offense the smuggled individual became a victim of sexual assault or aggravated sexual assault or the smuggled individual suffered serious bodily injury.

All people share certain common needs:

Social needs Health Employment Shelter Food Positive self-image

On the one hand, protection of __________ is the task of law enforcement; on the other, ______________ individual personal liberties is also the task of law enforcement

Society, Safeguarding

Chapter 225?

Specialized Licenses

Office of the Inspector General

Specifically excluded from the authority of the OIG is jurisdiction related to the criminal or ethical conduct of DOJ employees who are attorneys. The Office of Professional Responsibility is responsible for oversight of attorneys employed by the DOJ.

(Contesting an employment Termination) Upon receipt of the petition the executive director will refer the dispute to the?

State Office of Administrative Hearings (ASOAH)

Four principles are asserted in the 14th amendment. They are:

State and federal citizenship for all persons regardless of race both born or naturalized in the United States. No state can abridge the "privileges and immunities" of citizens. No person can be deprived of life, liberty, or property without "due process of law." No person can be denied "equal protection of the laws."

Burglary Penalties

State jail felony - building Felony of the second degree - habitation First Degree Felony - Habitation or any party to the offense entered the habitation w/ intent to commit felony other than felony theft.

L1 Form

Statement of appointment

Law Enforcement Code of Ethics

Strict code of ethics following the International Association of Chiefs of Police Code of Ethics. - Duty to serve the community - Keep private life unsullied as an example to all. - Never act officiously or permit personal feelings, prejudices, political beliefs, aspirations, animosities, or friendships to influence my decisions. - Recognize the badge of my office as a symbol of public faith.

Any exceptions to the protections under the bill of Rights are usually established by?

Supreme Court Decisions.

Terry v. Ohio (1968)

Supreme Court decision endorsing police officers' authority to stop and frisk suspects on the streets when there is reasonable suspicion that they are armed and involved in criminal activity

Chimel v. California (1969)

Supreme Court decision that endorsed warrant-less searches for weapons and evidence in the immediate vicinity of people who are lawfully arrested.

Texas Supreme Court (1 Court with 9 Justices)Statewide Jurisdiction

Supreme Court justices are elected to staggered six-year terms in statewide elections. When a vacancy arises the governor may appoint a Justice, subject to Senate confirmation, to serve the remainder of an unexpired term until the next general election. Justices must be at least 35 years old, a citizen of Texas, licensed to practice law in Texas and must have practiced law (or have been a lawyer and a judge of a court of record together) for at least ten years (see Texas Constitution, Art. 5, Sec. 2).

Occupations Code 1701.253(H) states:

TCOLE shall establish a statewide comprehensive education and training program on racial profiling for officers licensed under this chapter. An officer shall complete a program established under this subsection not later than the second anniversary of the date the officer is licensed under this chapter or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier.

Texas Division of Emergency Management

TDEM is charged with carrying out a comprehensive all-hazard emergency management program for the State and for assisting cities, counties, and state agencies in planning and implementing their emergency management programs. TDEM is also responsible for supporting development of the Governor's Homeland Security Strategy and implementing programs and projects to achieve state homeland security goals and objectives. The Governor has designated the Division to serve as the State Administrative Agency (SAA) for U.S. Department of Homeland Security grant programs in Texas.

Texas Penal Code 37.10

Tampering with Governmental Record

Texas Penal Code 37.09

Tampering with Or Fabricating Physical Evidence

Texas Penal Code 36.05

Tampering with Witness

What case law established "stop and frisk" doctrine?

Terry v. Ohio

Chapter 229?

Texas Peace Officers Memorial Monument

The 10th Amendment explained Texas Constitution Art. 1 Section 1. FREEDOM AND SOVEREIGNTY OF STATE.

Texas is a free and independent State, subject only to the Constitution of the United States, and the maintenance of our free institutions and the perpetuity of the Union depend upon the preservation of the right of local self-government, unimpaired to all the States.

What case law is established with Pryor v. State?

The 4th Amendment permits the warrantless search of an automobile when there is PROBABLE CAUSE to believe that automobile contains contraband or evidence of criminal activity.

Federal Bureau of Prisons National Institute of Corrections

The BOP consists of more than 119 institutions, 6 regional offices, its headquarters office in Washington D.C., 2 staff training centers, and 28 community corrections offices, and is responsible for the custody and care of approximately 207,872 Federal offenders. NIC provides support programs to assist federal, state, and local corrections agencies. Additionally the NIC provides funds to support programs that are in line with its key initiatives.

Function and Role of Federal Prisons

The Bureau consists of more than 119 institutions, 6 regional offices, its headquarters office in Washington D.C., 2 staff training centers, and 28 community corrections offices, and is responsible for the custody and care of approximately 207,872 Federal offenders

Texas Court of Criminal Appeals(1 Court With 9 Judges With Statewide Jurisdiction)

The Court of Criminal Appeals is Texas' highest court for criminal cases. The Court consists of a Presiding Judge and eight Judges. They are elected by the voters of the entire state, and they hold their offices for terms of six years. The Court sits in Austin, near the Capitol. Final appellate jurisdiction in criminal cases. EX: Murder cases

Basis for the TCOLE Mission:

The Mission of the Texas Commission on Law Enforcement, as a regulatory State agency, is to establish an enforce standards to ensure that the people of Texas are served by highly trained and ethical law enforcement, corrections, and telecommunications personnel.

Societal Rights

The Preamble to the Constitution places primary emphasis on the rights of all of the people

Public Safety Commission

The Public Safety Commission oversees the DPS. Its five members are appointed by the Governor and confirmed by the state senate for staggered, six-year terms.

Function and Role of State Prisons

The Texas Department of Criminal Justice (TDCJ) is responsible for statewide criminal justice, including managing offenders in state prisons, state jails and private correctional facilities, funding and certain oversight of community supervision, and supervision of offenders released from prison on parole or mandatory supervision The TDCJ operates the second largest state prison system in the United States. In 2001 it was the largest prison system

Texas Highway Patrol

The Texas Highway Patrol Division is responsible for general police traffic supervision, traffic, and criminal law enforcement on the rural highways of Texas. The Texas Highway Patrol Service is responsible for police traffic supervision, general police work on highways, public safety education and police and security functions for the State Capitol building and Capitol complex.

Function and Role of TABC Agents (state police)

The Texas alcoholic beverage commission, or tabc, is a Texas public agency responsible for regulating, inspecting, and taxing the production, sale, and use of alcoholic beverages within the state. the agency was established in 1935 and is headquartered in Austin.

Function and role of the Texas Department of Public Safety (state Police)

The Texas department of public safely is the most visible state police department. they concentrates on traffic safety on the states highways; and investigation of offenses that are statewide in scope or difficult for a municipal police department or sheriffs department to handle effectively

The U.S. Secret Service has two distinct areas of responsibility:

The Treasury role was originally created to combat counterfeiting of US currency, and U.S. treasury bonds notes and investigation of major fraud. Protective roles, ensuring the safety of national VIPs such as the President, past Presidents, Vice Presidents, presidential candidates, their families, and foreign embassies.

Function and Role of Federal Law Enforcement

The United States Department of Justice is responsible for the enforcement of the law and administration of justice. Several federal law enforcement agencies are administered by the Department of Justice: Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Drug Enforcement Administration (DEA) Federal Bureau of Investigation (FBI) Federal Bureau of Prisons (BOP) National Institute of Corrections United States Marshals Service (USMS) Office of the Inspector General (OIG)

Acceptance of gifts

The acceptance of gifts by a public servant could be problematic.

Ethnocentrism

The act of regarding ones culture as the "center of the universe" and hence as the basis for all comparisons with other cultures.

Smuggling of Persons (2nd degree)

The actor commits the offense in a manner that creates a substantial likelihood that the smuggled individual will suffer serious bodily injury or death or The smuggled individual is a child younger than 18 at the time of the offense

When investigating a complaint for Racial Profiling in which a video or audio recording of the occurrence on which the complaint is based was made...

The agency shall promptly provide a copy of the recording to the peace officer who is the subject of the complaint on written request by the officer.

Organizational transformation

The alignment of organizational management, structure, personnel, and information systems to support community partnerships and proactive problem solving

Describe the concept of quality police customer service

The basic concept of quality police customer service is to provide a level of service in which the citizen not only receives the basic protection expected of a police agency, but receives it in a highly effective and efficient manner from police personnel who display a highly positive, friendly, and helpful manner

Texas Constitution Art. 1 Sec 27. Right of Assembly; Petition for Redress of Grievance.

The citizens shall have the right, in a peaceable manner, to assemble together for their common good; and apply to those invested with the powers of government for redress of grievances or other purposes, by petition, address or remonstrance.

Partnership

The collaborative partnership between law enforcement agencies and the individuals and organizations they serve to develop solutions to problems and increase trust.

Law

The constitution or a statute of this state or of the US, a written opinion of a court of record, municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute

Moral Courage

The courage to take action for moral reasons despite the risk of adverse consequences. Courage is required to take action when one has doubts or fears about the consequences. Moral courage therefore involves deliberation or careful thought.

The criminal justice system in the U.S. serves three primary purposes.

The criminal justice system exists to investigate, prosecute and punish crimes.

Derichsweiler v. State

The defendant was reported to be stopping next to vehicles in parking lots and staring at the occupants of those vehicles. That conduct resulted in a 9-1-1 call which ended with the detention and arrest of the defendant. Reasonable Suspicion.

CCP Art. 1.25 Confronted by witnesses.

The defendant, upon a trail, shall be confronted with the witnesses, except in certain cases provided fro in this Code where deposition have been taken.

Criminal Law Enforcement Division (CLE)

The enforcement and analytical activities of the CLE Division are carried out by five major units, which are specialized by function. Enforcement efforts are managed by: Criminal Intelligence Service Motor Vehicle Theft Service Narcotics Service Two other units within the Division support the entire law enforcement community through research, analysis, and forensic services: Bureau of Information Analysis Crime Laboratory Service

Element of Offense

The forbidden conduct The required culpability Any required result The negation of any exception to the offense

What are the values of providing quality police customer service?

The most desirable outcome of this concept is that the community is well served, and the agency becomes a highly professional, respected service-oriented organization

"...To form a more perfect union"

The people have a right to a unified and effective government.

".......promote the general welfare...."

The people have a right to constructive programs promoted by government in the interest of all. ( medicare, medicaid, social security, food stamps)

".....to endure domestic tranquility"

The people have a right to peaceful and orderly relationships.

"...provide for the common defense.."

The people have a right to protection from violations by other nations.

______ ________ ordain and establish the Constitution for the USA.

The people.

What is racial profiling in relation to law enforcement officers?

The practice of some officers to stop, search, and investigate minorities, both on the street and while traveling in vehicles, based solely on their racial or ethnic background, rather than on their actions.

United States Constitution 4th Amendment

The right of the people to be secure in their person, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated. and no warrants shall issue, but upon probable causes, supported by oath or affirmation, and particularly describing the place to be searched and the person or things to be seized.

What is the definition of the 4th Amendment?

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

CCP Art 1.12 Right to a Jury

The right of trail by jury shall remain inviolate.

General Citizen Rights

The rights of citizens are expressed in the privileges of the people and in the limitations on governmental actions which apply to rights generally, as stated in Amendments 9, 10, and 14. The Constitution limits the power of the government in several ways. It prohibits the government from directly interfering with certain key areas: conscience, expression and association. Other actions are forbidden to the federal government and are reserved to state or local governments.

Sheriff and County Jails

The sheriff supervises the county jail and houses offenders convicted of offenses calling for a sentence of up to one year.

State V. Guzman

The spinning motion of one tire of defendant's truck as truck began to move from a stop after a traffic light turned green did not alone give police officer reasonable suspicion the defendant was unlawfully exhibiting acceleration in violation of statute pertaining to racing on highways, and thus officer's stop of defendant's vehicle on that basis was unlawful

"......secure the blessing of liberty to ourselves and our posterity"

The statement sets a principal theme for governmental operations--to maximize the freedom of the individual.

Fair, Impartial, equal, and dignity

The terms _________, _______, _________ describe the rights a person is entitled to whether that person is dealt with as an individual, a member of a group, or a participant in society.

Define Writ of Habeas Corpus CCP TITLE 1 Chapter 11 Art 11.01

The writ of habeas corpus is the remedy used when any person is restrained in his liberty. It is an order issued by a court or judge of competent jurisdiction, directed to anyone having a person in his custody or under his restraint, commanding him to produce such person at a time and place named in the writ and show why he is held in custody or under restraint.

A person who is the subject of an employment termination report is entitled to file a petition contesting information included in the employment termination report.

The written petition for correction of the report must be filed with the executive director on a form currently prescribed by the commission, and a copy must be served to the law enforcement agency.

Professionlism

Those professing or act of professing through spiritual commitment or academic expertise.

Coercion

Threat, however communicated - To commit an offense - Inflict Bodily injury in the future on the person threatened or another - Accuse a person of any offense - Expose a person to hatred, contempt, or ridicule - Harm the credit or business repute of any person - Take or withhold action as a public servant or to use a public servant to take or withhold action

Occupations Code 1701.253(H) defines:

Training Programs on Racial Profiling

Chapter 215?

Training and Educational Providers

______ ________ ________ shall ever be required as a qualification to any office, or public trust, in this state; nor shall any one be excluded from holding office on account of his religious sentiments, provided he acknowledged the existence of a Supreme Being.

Tx Constitution Art. 1 Sec. 4. Religious Tests -No religious test

Several federal law enforcement agencies are administered by the U.S. Department of Homeland Security:

United States Citizenship and Immigration Services U.S. Customs and Border Protection Federal Emergency Management Agency U.S. Immigration and Customs Enforcement Transportation Security Administration United States Coast Guard National Protection and Programs Directorate United States Secret Service

Whren v. US (1996)

Vehicle Searches: officers may stop a suspicious vehicle for a traffic violation and then search if probable cause develops.

Texas Penal Code 39.04

Violation of Civil Rights of Person in Custody; Improper Sexual activity with Person in Custody

Wright v State

Warrantless Arrest/Search An officer can enter a vehicle or home to render aid to a person in need (community caretaking) •The nature and level of distress exhibited by the individual •The location of the individual •Whether the individual was alone and/or had access to assistance other than that offered by the officer •To what extend was individual danger to himself/others

Preamble

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Ethical behavior

What is good or bad, right, or wrong, in relation to moral duty and obligation.

CCP Art. 2.11. Examining Court

When the magistrate sits for the purpose of inquiring into a criminal accusation against any person, this is called an examining court.

USC 242 Deprivation of Rights Under Color of Law

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any inhabitant of any State, Territory, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such inhabitant being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined not more than $1,000 or imprisoned not more than one year, or both; and if bodily injury results shall be fined under this title or imprisoned not more than 10 years, or both; and if death results shall be subject to imprisonment for any term of years for life.

Burglary

Without the effective consent of the owner the person enters a habitation or a building not then open to the public with intent to commit a felony, theft, or an assault. "enter" meant to intrude any part of the body, any physical object connected with the body

The privilege of the ______ __ _________ _________ shall not be suspended, unless.....rebellion or invasion...

Writ of habeas corpus

Articulating (To Articulate)

You must be able to persuasively explain or demonstrate to a court that you had probable cause to stop the vehicle or person in the first place, and that you had reasonable suspicion for any further detaining or investigative actions you conducted following the stop.

What is "Driving While Black"?

a nickname for the public perception that a Black person may be stopped solely because of their race (especially with the suspicion that they are a drug courier), often extended to other minority groups or activities as well ("Driving While Brown," "Flying While Black," etc.)

Criminal Negligence

a person OUGHT TO BE AWARE of the substantial and unjustifiable risk will occur, or that the circumstances exist.

Peace Officer

a person elected, employed, or appointed as a peace officer

Sec. 6.04 Causation: Conduct and Results

a) A person is criminally responsible if the results would not have occurred but for his conduct, operating either alone or concurrently with another cause, unless the concurrent cause was clearly sufficient to produce the result and the conduct of the actor clearly insufficient. b) A person is nevertheless criminally responsible for causing a result if the only difference between what actually occurred and what be desired, contemplate, or risked it that.

(Probation and Mitigating Factors--223.16) The commission may impose reasonable terms of probation, including:

a) CE employment requiremenets b) special reporting conditions c) special document submission conditions d) voluntary duty e) any other reasonable term of probation

Sec 1.03 Effect of Code

a) Conduct does not constitute an offense unless it is defined as an offense by statute, municipal, ordinance, order of a county commissioners court, or rule authorized by and lawfully adopted under a statute. c) This code does not bar, suspend, or otherwise affect a right or liability ot damages, penalty, forfeiture, or other remedy authorized by law to be recovered or enforced in a civil suit for conduct.

Concepts about human relations from the social scientists:

a) Every individual is entitled to equal rights and dignities. they are entitled to them by virtue of being human. b) the right to be free implies the right to be different

Sec 1.04 Territorial Jurisdiction

a) TX has jurisdiction over an offense that a person commits by his own conduct or the conduct of another for which he is criminally responsible if: 1. either the conduct or a result that is an element of the offense occurs inside TX 2. the conduct outside TX constitutes an attempt to commit an offense inside TX 3. The conduct outside TX constitutes a conspiracy to commit an offense inside TX, and an *act in furtherance* of the conspiracy occurs inside TX 4. The conduct inside TX constitutes an attempt, solicitation, or conspiracy or establishes criminal responsibility for the commission of, an offense in another jurisdiction that is also an offense under the laws of TX

Each agency, academy, or training provider shall maintain proof of a licensees completion of legislatively required continuing education training in a format currently accepted by the commission.

a) The report of training shall be submitted to the commission within 30 days following completion of the training. b) failure to report training to the commission with 30 days is a violation of commission rules. c) upon receipt of a properly completed report of training, the commission will make the appropriate entry into the training records of the licensee.

A person is eligible to have the person name on the memorial monument if the person was killed in the line of duty and was:

a) a law enforcement officer for this state or political subdivision of this state under article 2.12, code of criminal procedure, or other law. b) a federal law enforcement officer or special agent performing duties in this state c) A corrections or detention officer or county or municipal jailer employed or appointed by a municipal, county, or state penal institution in this state d). a Texas peace officer who, in historical perspectives would be eligible under any of the preceding criteria.

Within 30 days, a licensee or person meeting the requirements of a licensee shall report the commission:

a) any name changes b) a permanent mailing address other than an agency address; c) all subsequent address changes; d) an arrest, charge, or indictment for criminal offense above the grade of class C misdemeanor, or for any class C misdemeanor involving the duty and responsibilities of office or family violence, including the name of the arresting agency, the style court, and the cause number of the charge or indictment. e) the final disposition of the criminal action f) receipt of a dishonorable or other discharge based on misconduct which bars future military service.

The Commission may deny an application for any license and may refuse to accept a report of appointment the:

a) applicant does not meet all minimum standards, including any training or testing requirements; b) applicant has not affixed any required signature; c) required forms or documentation are incomplete, illegible, or are not attached; d) application is not submitted or signed by a chief administrator, or designee with authority to appoint the applicant to the position reported; e) application is not submitted by the appointing agency or entity; f) the agency reports the applicant in a capacity that does not require the license sought; g) agency fails to provide documentation, if requested, of the agency creation or authority to appoint person in the capacity of the license sought or the agency is without such authority; or; h) application contains a false assertion by any person; or i) applicant is subject to prodding administrative action against a commission issued license

(Surrender of License- 223.13) A licensee may surrender a license:

a) as part of an employee termination agreement b) as part of a plea bargain to a criminal charge; c) as part of an agreed settlement to commission action d) for any other reason A license may be surrendered permanently or stated term

mitigating circumstances are defined as:

a) catastrophic illness or injury that prevents the licensee from performing active duty for longer than 12 months. or b) active duty with the armed forces of the US or a reserve component of the armed forces of the US for a time period in excess of 12 months.

Feeling or Attitudes Harbored by Most Prejudiced Persons

a) feeling of Superiority b) others are strange and different c) proprietary claims d) fear

To be eligible to take a state licensing exam, an individual must:

a) have successfully completed a commission approved basic licensing course or academic alternative program; b) meet the requirements for reactivation if the individual is currently licensed; c) meet the requirements for reinstatement if the individual is currently licensed; d) meet the requirements if an individual is an out of state peace officer, federal criminal investigators, or military; or e) be eligible to take the county corrections licensing exam as provided in Texas Occupations Code, Chapter 1701,

(Probation and Mitigating Factors--223.16) The commission may consider probating a suspension term or issue a written reprimand based on proof of the following mitigating factors:

a) licensees history of compliance with the terms of court-ordered community supervision; b)licensees post arrest continuing rehabilitative efforts not required by the terms of community supervision; c) the licensees post arrest employment record d) the type and amount of any post arrest, non court ordered restitution. made by the licensee.

(Reinstatement of License--223.17) To reinstate a suspended or probated license for a licensee that meets current training requirements and has continually maintained legislatively required CE for the duration of the suspension or probations, a licensee must:

a) make application for reinstatement in the format currently prescribed by the commission and b) submit any required fees.

(Administrative Penalties) In determining total penalty amounts, the commission shall consider:

a) the seriousness of the violation b) the respondents history of violations; c) the amount necessary to deter future violations; d) efforts made by the respondent to correct the violations; and e) any other matter that justice may require

Before a Law Enforcement agency may appoint a person licensed or seeking a license as a peace officer, county jailer, or telecommunication the agency head or designee must:

a) obtain the person's written consent for the agency to view the person's employment records; b) obtain a copy of the personal status report (PSR) maintained by the commission; c) obtain a completed, signed, and notarized Personal history statement (PHS); d) obtain a Computerized Criminal History (CCH) from TCIC and NCIC; e) obtain proof of eligibility after separation from the military, if applicable; f) conduct and document a background investigation; g) for peace officers, obtain proof of weapons qualification within the 12 months preceding appointment; h) for current licensees, electronically request and obtain the F-5 (F5R) from the commission, contact each of the person's previous law enforcement employers, and document the contact on the F5 return.

The peace officer has an especially sensitive position regarding impartial enforcement for several reason:

a) officers often work alone and makes decisions demanding impartiality on their part with no one (but the citizen) present to witness fairness b) the temptations provided by citizens for them to be partial can be overwhelming. the acceptance of them can go virtually undetected by a higher authority c) Deviations from fair and equal treatment are often easily excused as being necessary for maintenance of order, crime prevention, and public relations. d) the impression held by most people of the impartiality of the law and the fairness of criminal justice may well come from the treatment they have received in their contacts with peace officers.

Each training unit (2 years):

a) peace officer shall complete at least 40 hours of CE to include the corresponding legislative update for that unit b) current state and federal law update course c) telecommunication shall complete at least 20 hours of CE

Each training cycle (4 years):

a) peace officers who have not yet reached intermediate proficiency certification shall complete: Cultural diversity (3939), special Investigative topics (3232), crisis intervention (3843) and De-escalation (1849). b) Individuals licensed as reserve law enforcement officers, jailers, or public security officers shall complete cultural diversity (3939), unless the person has completed or is otherwise exempted from legislatively required training under another commission license or cert.

Each agency or entity that employs at least on peace officer or at least one firearms-certified jailer shall:

a) require each peace officer or firearm certified jailer that it employs to successfully complete the current firearms proficiency requirements at least once each calendar year for each type of firearm carried.

(Probation and Mitigating Factors--223.18) By virtue of their nature, the following felony arrests constitute immediate peril:

a) sexual offenses; b) assaultive offense; and c) offenses classified under chapter 39 or section 31.03 of Texas penal code.

The nine reported things people in our society notice about an individual in order of reported importance include:

a) skin color b) gender c) age d) apperance e) facial expression f) eye contact g) movement h) personal space i) touch

When a person licensed by the commission separates from an agency, the agency shall within 7 business day:

a) submit a Separation report (form F5) to the commission; b) provide a copy to the licensee in a manner prescribed by Texas Occupations Code section 1701.452

To qualify for proficiency certificates, applicants must meet all the following proficiency requirements:

a) submit any required application currently prescribed by the commission, requested documentation, and any required fee; b) have an active license or appointment for the corresponding certification c) must not have licenses under suspension by the commission within the previous 5 years. d) meet the CE requirements for the previous training cycle e) for firearms related certificates, not be prohibited by state or federal law or rule from attending training related to firearms or from possessing a firearm; and f) academic degrees must be issued by an accredited college or university.

To apply the Principle of Impartiality, the peace officer should:

a) take necessary enforcement action, basing its intensity on the nature of the situation and the severity of the offense. b) participate in the processes of justice such as charging and testifying, in ways that do not favor one individual or one group over any others based on factors nor rated to the crime c) Communicate by word and action to the public and to other criminal justice personnel, whenever appropriate, that all personnel of criminal justice agencies are equally subject to the law and will not be given preferential treatment if they become subject to criminal justice procedures.

The holder of a commission issued license or certificate can be sent notice of any hearing, or other action or matter before the commission at:

a) the address of the agency shown in commission records to have the holder under current or last appointment; b) address shown on the Texas Driver License record of the holder; c) the last know address on record d) any other address requested by the holder in a written request to the executive director.

(Eligibility to take state exam) The examinee must repeat the basic licensing course for the license sought if:

a) the examinee fails all three attempts to pass b) the examinee fails to complete all three attempts with 180 days from the completion date of the licensing course or; c) the examinee is dismissed from an exam for cheating. if dismissed from an exam for cheating, all remains attempts are invalidated

An education and training program on the Texas Crime Information Centers child safety check alert list will include instruction relating to:

a) the procedures for placing a child or other person on the child safety check alert list; b) the manner in which an officer should interact with a child or other person on the Child safety check list whom the officer locates; and c) the procedures for removing a child or other person from the child safety check alert list

Factors that commission may consider in determining a term of suspension include:

a) the seriousness of the conduct resulting in the arrest; b) the required mental state of the disposition offense c) wether the disposition offense contains an element of actual or threatened bodily injury or coercion against another person under the Texas Penal Code or the law of the jurisdiction where the offense occurred d) the licensees previous violations of the commission statutes or rules e) actual or potential harm to public safety; including personal injury or property damage, relating form conduct resulting in the arrest; f) aggravating evidence existing in a particular case g) evidence used in rebuttal to mitigating factors.

The license of a person who fails to comply with legislative CE requirements may be suspended:

a) up to 90 days for first time noncompliance b) up to 180 days for second time noncompliance.

What is difference between act and omission?

act is a bodily movement whether voluntary or involuntary and includes speech omission is a failure to act.

Stereotype and Categorical Treatment

affords a convenient grouping for people of whom one is not knowledgeable. Lumping or grouping such people together under a popular stereotyped description saves time and thought and provides a convenient grouping.

"Law enforcement agency" means:

an agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make motor vehicle stops in the routine performance of the officers' official duties.

"Motor Vehicle Stop" means:

an occasion in which a peace officer stops a motor vehicle for an alleged violation of a law or ordinance.

Members of an ethnic group usually have common __________ and generally share _____________, ___________ and other cultural patterns.

ancestry, language, religion

Tort:

any one of various, legally recognized, private injuries or wrongs. A civil action. (Cochran's Law Lexicon, Fifth Edition) Examples:divorce, child custody, protective orders,injunctions, debt, personal damages

rather, it encompasses ________ that makes human being special and different

anything

Discretionary stops are violations of the Fourth Amendment and/or the Fourteenth Amendment because they are:

arbitrary, intrusive, and discriminatory

Federal Correctional Complexes (FCC)

are BOP installations that have multple facilities with different missions and security levels located within close proximity to one another.

Federal Correctional Institutions (FCI)

are Low and Medium Security facilities.

U.S. Penitentiaries (USP)

are for inmates classified for High (Maximum) Security.

Federal Prison Camps (FPC

are for minimum security inmates.

Federal Detention Centers (FDC)

are inmate reception and transfer centers.

Police ____ ____ constitutionally required to inform citizens that they are ____ ____ ____ before getting consent to search a motor vehicle, but by not doing so, the constitutional validity of any further investigation would be imperiled.

are not; free to leave

You must be able to _____ that a traffic violation or criminal act has occurred in order to stop a vehicle.

articulate

The officer must be capable of _____ the elements that led to a valid presumption of reasonable suspicion in the officer's thinking.

articulating

Proprietary claims

as a member of the group, the individual believes he is entitled to exclusive or prior rights in a certain area.

Prima Facie

at first view, on its face; not requiring further support to establish existence, validity, credibility, etc.

The chief administrator is responsible for _____ _____ to ensure that race or ethnicity of the person operating the M.V. is being reported.

auditing reports

Racial profiling is self-fulfilling ____ ____.

bad logic

________________ cannot work for some unless it works for all

democracy

Right to due process

describes legal procedures to which a citizen is entitled through provisions of Constitution and its Amendments.

The government as an agent of society has the ________ ______________ of protecting these rights of citizens from being violated by other citizens and by the government itself.

dual responsibility

What is the authority establishing constables

elected under Section 18 Article 5 1 per precinct

What is the authority establishing Sheriffs

elected under section 23 Article 5 1 per county

Every individual is entitle to ________ _______ and ______ they are entitled to them by virtue of being human

equal rights and dignities.

Bill Blackwood Law Enforcement Management Institute of Texas

establishes and offers a program of initial training and a program of continuing education for police chiefs.

A law enforcement agency shall review the data collected to...

identify any improvements the agency could make in its practices and policies regarding motor vehicle stops.

The license of a person who has made, submitted, caused to be submitted, or filed a ________ or _______ report to the commission may be revoked.

false or untruthful

(Texas Constitution Art 1 Sec 11a. Denial of Bail After Multiple Felonies.) Any person who is accused in this state of a felony or an offense involving ________ ___________, who is released on bail pending trial, and whose bail is subsequently revoked or forested for a violation of a condition of release may be denied bail pending trial if a judge or magistrate in this state determines by a preponderance of the evidence at a subsequent hearing that the person violated a condition of release related to the safety of a victim of the alleged offense or to the safety of the community

family violence

The license of a person convicted or placed on a community supervision for any offense involving __________ _________ shall be revoked.

family violence.

Office of the Inspector General

for the Department of Justice (DOJ) is the Office of the Inspector General specific to the United States Department of Justice that is responsible for conducting nearly all of the investigations of DOJ employees and programs. The OIG conducts independent investigations, audits, inspections, and special reviews of United States Department of Justice personnel and programs to detect and deter waste, fraud, abuse, and misconduct, and to promote integrity, economy, efficiency, and effectiveness in Department of Justice operations.

The right to be _______ implies the right to be _________

free, different

Community policing

goal: solve problems - improved relations with citizens is a welcome byproduct. -Line function: Regular contact between officers and citizen - Direct service - same officer takes complaints and gives crime prevention tips - Citizens nominate problems and cooperate in setting up the police agenda - Officer is the leader and catalyst for change in the neighborhood to reduce fear, disorder, decay, and crime

Federal Medical Centers (FMC)

handle inmates requiring medical or psychiatric care.

The minimum educational requirements:

has passed a GED test indication high school graduation level; holds a high school diploma

Alcoholic Beverage

has the meaning assigned by Section 1.04, Alcoholic Beverage Code.

A required racial profiling report MAY NOT include...

identifying information about a PEACE OFFICER who makes the M.V. stop or about an INDIVIDUAL WHO IS STOPPED OR ARRESTED by a peace officer.

Death

includes, for an individual who is an unborn child, the failure to be born alive.

You must be able to ____ ____ the frisk.

independently justify

Function And Role Of Federal Law EnforcementThe United States Department of Homeland Security(DHS)

is a Cabinet department of the United States federal government with the primary responsibilities of protecting the territory of the U.S. from terrorist attacks and responding to natural disasters.

U.S. Secret Service

is a United States federal law enforcement agency that is part of the United States Department of Homeland Security. The sworn members are divided among the Special Agents and the Uniformed Division

United States Marshals Service

is a United States federal law enforcement agencywithin the United States Department of Justice (see 28 U.S.C. § 561) and is the oldest federal law enforcement agency in the United States.[2]The USMS is the enforcement arm of the United States federal courts. U.S. Marshals protect court officers and buildings and ensure the effective operation of the judicial system. The US Marshals Service assists with court security and prisoner transport, serves arrest warrants and seeks fugitives.

Attitude

is a cognitive position based on a person knowledge, feelings, and experiences about someone or something influencing him/her to behave in a certain way about that person or thing.

Federal Protective Service

is a component of U.S. Department of Homeland Security, and is responsible for law enforcement and security of nearly 9,000 federally owned and leased buildings, courthouses, properties, and other federal assets and the personnel associated with those assets.

Drug Enforcement Agency

is a federal law enforcement agency under the United States Department of Justice , tasked with enforcing drug laws and combating drug smuggling and use within the U.S.

Bureau of Alcohol, Tobacco, Firearms and Explosives

is a specialized federal law enforcement agency and regulatory organization within the United States Department of Justice. Its responsibilities include the investigation and prevention of federal offenses involving the unlawful use, manufacture, and possession of firearms and explosives, acts of arson and bombings, and illegal trafficking of alcohol and tobacco products.

Federal Bureau of Investigation

is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency. Investigation of all federal crimes not the responsibility of other federal agencies Investigation of crimes on: Indian Reservations Federal Property

Cross Cultural Communication

is defined as field of study that focuses on how people of differing cultures communicate with each other.

Public Lewdness (Class A Misdemeanor)

knowingly engages in any of the following acts in a public place or if not in a public place, the person is reckless about whether another is present who will be offended or alarmed by the person's - Act of sexual intercourse - Deviate sexual intercourse - Sexual Conduct

CCP 3.05 Racial Profiling is defined as...

law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity.

U. S. C. Article 1, Section 9, Clause 3 SO, Citizens are protected from:

laws pronouncing a specific person guilty of an alleged crime without a regular court trial, sentencing him to death, and seizing his estate (bills of attainder) punishment for actions that are later made illegal (ex post facto laws)

Societal Strain (fear and insecurity)

leads to justification for various types of discrimination that are considered to be of advantage to the dominant group.

All policing agencies perform the same basic duties and responsibilities which are:

maintain law and order, provide community assistance, and investigate crimes.

Sight Order

means a written or electronic instruction to pay money that is authorized by the person giving the instruction and that is payable on demand or at a definite time by the person being instructed to pay. The term includes a check, an electronic debit, or an automatic bank draft.

Serious bodily Injury

means bodily injury that creates a substantial risk of any bodily member or organ.

In a _________________ ___________, such as the US many scholars believe it is imperative that law enforcement officials have some understanding of these communications principles in order to facilitate dialogue and reduce conflict.

multicultural society

(TX Constitution Art 1 Sec 10. Rights of Accused In Criminal Prosecutions) He shall have the right to demand the _______ and ________ of the accusation against him, and to have a copy thereof.

nature cause

Private Security Agencies are _____ components of the criminal justice system

not

CCP 2.1385 Civil Penalty for agency

not to exceed $5,000 for each violation

Misdemeanor

offense so designated by law or punishable by fine, by confinement in jail or by both fine and confinement in jail

The U.S. Supreme Court has "________" jurisdiction and must review the case if: A Federal Court holds an act of Congress to be unconstitutional A U.S. Circuit Courts of Appeal holds that a state statute is unconstitutional A state's highest court holds that a federal law to be invalid

original

Pryor v State 1997

permits forceable stop who is observed violating a rule of the road permits the stop of a vehicle there is reasonable suspicion for criminal activity

Those enforcing the laws must leave ___________ ____________ and __________ at home when on duty.,

personal feeling, prejudices

Each Texas county has an elected constable. The constable is elected by __________ in each county. The constable's jurisdiction is the precinct where he was elected.

precinct

The data collected as a result of the reporting requirements shall not constitute ____ ____ ____ of racial profiling.

prima facie evidence

(Functions of Prejudice) Ethnocentrism

provides a source of egotistic satisfaction, through comparing others with oneself.

Warrants must be supported by:

reasonable facts to justify the action requested, specific identification of places to be searched as well as person or things to be seized.

Unlike a traffic stop, probable cause is not required to affect a street stop, merely...

reasonable suspicion

Deadly Conduct (Class A Misdemeanor)

recklessly engages in conduct that places another in serious danger of serious bodily injury discharges a firearm at or in a direction of one or more individuals or a habitation, building, or vehicle and is reckless as to whether the habitation building or vehicle is occupied

The key is to be aware of the prejudices, and to work at?

reducing their impact in our lives, and to keep our prejudice out of our job performance.

What is the primary function of the Writ?

release from unlawful imprisonment

Unlike racial profiling, community policing has consistently been shown to work. The better the relationship between residents and police, the more likely residents are to ____ ____, come forward as witnesses, and otherwise cooperate in police investigations.

report crimes

However, a seizure occurs when police indicate that compliance with their requests is...

required, such that the reasonable person would no longer feel free to walk away.

Abduct

restrain a person with intent to prevent his liberation by - Secreting or holding him in a place where is not likely to be found - using or threatening to use deadly force

Restrain

restrict a person's movements without consent, so as to interfere substantially with the person's liberty, by moving the person from one place to another or confining the person.

The license of a person convicted of a felony shall be immediately _____________

revoked.

There's no such thing as a...

routine traffic stop

This government was and is established of and by the people in which their interests are ___________, and their __________ are promoted, and their _______ are protected.

served, liberty, rights.

Police work, by its very nature, can be driven by a ____ ____ ____ to just getting the job done;

single-minded determination

(TX Constitution Art 1 Sec 10. Rights of Accused In Criminal Prosecutions) In all criminal prosecutions the accused shall have a _________ public trial by an impartial jury.

speedy

authoritarian personality

symbolizes one's affiliation with a more dominant group.

One of the great myths about racial profiling is...

that it would work if only law enforcement agencies could use it -- that by not using racial profiling, they're tying one hand behind their backs in the name of civil rights.

Civil Law:

the portions of the law which defines the personal and property rights of individuals; the rights of an individual to seek redress or to prevent a wrong; any action other than criminal proceedings.

CCP Art 1.24 Public Trail

the proceedings and trails in all courts shall be public

Texas Constitution Art 1. Sec 15 Right of Trail by Jury

the right of tail by jury shall remain inviolate. the legislature shall pass such laws as may be needed to regulate the same, and to maintain its purity and efficiency. provided, that the legislature may provide for the temporary commitment, for observation and/or treatment, of mentally ill persons not charged with a criminal offense, for a period of time not to exceed ninth (90) days, by order of the county court without the necessity of a trail by jury

The license of a person who is noncompliant for the _____ time in obtaining CE shall be revoked

third time

Terroristic Threat

threatens to commit any offense involving violence to any person or property with intent to: Class B Misd - (1) cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies; Class B Misd - (2) place any person in fear of imminent serious bodily injury; or Class A Misd - if committed against a member of the person's family or household or otherwise constitutes family violence; or against a public servant Class A Misd - (3) prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other form of conveyance, or other public place; or State Jail Felony - unless the actor causes pecuniary loss of $1,500 or more to the owner of the building, room, place, or conveyance 3DF - (4) cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service; 3DF - (5) place the public or a substantial group of the public in fear of serious bodily injury; or 3DF - (6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state.

Legislatively Required Continuing Education for Licensees

training courses needed for every officer not at an intermediate level - cultural diversity - special investigative topics - crisis intervention - de-escalation

Reasonable suspicion need not depend solely on the observed actions of the suspect, but the...

totality of circumstances

The majority of complaints alleging racial profiling follow ____ by police

vehicle stops

Maryland has recently ruled that police accosting a citizen is a viable law enforcement tool as long as the encounter remains _____, i.e., that the citizen feels free to walk away.

voluntary

Sec. 6.03 "Intentionally"

with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.

Sec. 6.03 "Recklessly or reckless"

with respect to circumstance surrounding his conduct or the result of his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. the risk must be of such nature and degree that its disregard constitutes a gross deviation form the standard of care that an ordinary person would exercise under all the circumstance as viewed from the actors standpoint.

A consented search can be...

withdrawn AT ANY TIME during the search.

•Proceed with notification of his consulate "__________ _____________"

without delay

TPC 36.03

•Coercion of Public Servant or Voter

Potential gifts

· Any amount of money · An opportunity for sexual intercourse · A weekend at a resort hotel · A radio for your personal car · The use of a camper for a weekend · A pistol · Two tickets to a ball game · Use of a hunting lease · Bottle of liquor · Free meal · Half price meal · A cup of coffee and/or a doughnut

Identify the steps to be taken when a foreign national is arrested.

· Ask the detainee if (s)he is a U.S. citizen · Check the list of mandatory notification countries - if mandatory notification is required, do so without delay (most bilateral treaties allow a maximum of 72 hours to make notification). · If not on the list of mandatory notification, ask if they wish for their consulate to be notified of their arrest or detention · Keep a written record of the arrestees'/detainee's response · Document your notification (date, time, method of notification, and the person notified)

Sec. 7.01 Parties to Offenses

• A person is criminally responsible as a party to an offense if the offense is committed by his own conduct, by the conduct of another for which he is criminally responsible, or by both. • Each party to an offense may be charged with commission of the offense. • All traditional distinctions between accomplices and principals are abolished by this section, and each party to an offense may be charged and convicted without alleging that he acted as a principal or accomplice. Parties to offenses

Important skills that should be used:

• Gather knowledge and information about the person(s) • Be non-judgmental • Tolerate ambiguity in messages, approaches different than your own, and differences in general • Show warmth, genuine interest, and empathy. • Be willing to communicate.

There are two general areas of due process rights:

• Procedural due process - the right to be heard, notice of the hearing, ability to file an answer, discovery issues, etc. • Substantive due process - which includes all your basic amendment rights.

Forms and Targets of Prejudice

• Racial • Ethnic • Gender • National origin • Political affiliation • Authority figures (e.g., police, government, teachers, parents) • Sexual orientation • Differently abled • Religious • Age • Economic/occupational • Weight • Physically challenged • Individual personal preferences (e.g., family feuds; antagonism between work departments like Vice and Patrol)

Examples of moral courage

• Refusing gratuities • Refusing to participate in cover-up • Refusing to participate in ethnic or gender based humor or practical joking, etc. • Duty to intervene

Civil Penalties for Inappropriate Conduct:

• Sexual Harassment - EEOC definitions USCA 1983 Violation of Civil Rights • Sexual Harassment - Penal Code 39.03 • Texas Commission on Human Rights - Sexual Harassment • Equal Employment Opportunity Commission - Sexual Harassment • The definition of harassment as opposed to sexual harassment - EEOC

Functions of Discrimination

• Tends to reinforce prejudice concerning the group's alleged inferiority • Discrimination by any group limits the other groups' effectiveness in business, education, political office, etc. • Affords an avenue to economic exploitation of the group being discriminated against

Elements of the ethical role

• To act in a manner that reflects belief in the fundamental value of ethical behavior and in application of this value to your job • To conduct daily activities in an objective manner striving to be uninfluenced by emotion, personal prejudice, or insufficient evidence • To provide objective and constructive assistance or information to all persons, regardless of personal feelings • To assist the public to understand how they can help in achieving objective and ethical behavior • To embrace fairness and consistency, giving voice to all parties, transparency, and impartiality

What is the purpose of a police organization

• To fight crime • To serve and protect • To promote the public safety

Criminal law relating to officer behavior

• Unethical conduct on the part of peace officers can result in federal prosecution. • There are specific statutes aimed at peace officers to prevent violations of civil rights. • The FBI has a special role to investigate those accusations. • Those investigations are controlled out of Washington, DC to prevent friendships and working relationships between locally stationed FBI agents and the peace officer being investigated from being compromised.

Sec. 8.04 Intoxication

• Voluntary intoxication does not constitute a defense to the commission of crime. • Evidence of temporary insanity caused by intoxication may be introduced by the actor in mitigation of the penalty attached to the offense for which he is being tried. • When temporary insanity is relied upon as a defense and the evidence tends to show that such insanity was caused by intoxication, the court shall charge the jury in accordance with the provisions of this section • For purposes of this section, "intoxication" means disturbance of mental or physical capacity resulting from the introduction of any substance into the body.

• Law enforcement is responsible for:

• crime prevention through education and community relations programs • crime repression through patrol • investigation of crimes • arrest of those offenders • maintaining custody of offenders

TPC 39.02

•Abuse of Official Capacity

TPC 36.07

•Acceptance of Honorarium

TPC 37.03

•Aggravated Perjury

TPC 36.02

•Bribery

Racial Profiling Requirements - Form of Record written policy

•Definition of what constitutes racial profiling •Prohibition of racial profiling •Complaint process •Public Education •Corrective action •Collection of traffic-stop statistics •Annual reports •Not prima facie evidence •Feasibility of use of video equipment •Data does not identify the officer •Copy of complaint-related video evidence •Vehicle stop report - Physical description of detainees: gender, race, or ethnicity - Alleged violation - Consent to search - Contraband - Facts supporting probable cause - Arrest - Warning or citation issued •Compilation and analysis of data •Exemption from reporting - audio/video equipment •Officer non-liability •Funding •Required training in training racial profiling •Police chiefs •All holders of intermediate certificates and/or two-year-old licenses as of 09/01/01

TPC 39.05

•Failure to Report Death of Prisoner

TPC 37.08

•False Report to Peace Officer or LE Employee

TPC 36.08

•Gifts to Public Servant

TPC 36.04

•Improper Influence

TPC 36.06

•Obstruction or Retaliation

State v Varley

•Officer's mistaken belief that defendant violated statute by driving with only one functioning brake light was reasonable. Because the mistake of law was "reasonable" it provided sufficient reasonable suspicion to justify the traffic stop.

TPC 39.03

•Official Oppression

TPC 37.02

•Perjury

TPC 37.10

•Tampering with Governmental Record

TPC 36.05

•Tampering with Witness

TPC 37.09

•Tampering with/Fabricating Physical Evidence

TPC 39.04

•Violation of Civil Rights of Person in Custody; Improper Sexual activity with Person in Custody

State V Kloecker

•the defendant was driving on a tireless metal wheel and knew this constituted the traffic offense of driving a vehicle on a highway in an unsafe condition.

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