Texas Code of Criminal Procedure - General Provisions

Flashcards covering the General Provisions (Chapter 1) of the Texas Code of Criminal Procedure, including rights of the accused and procedural mandates.

Code of Criminal Procedure

The short title for the Act established by Chapter 722 of the 59th Legislature in 1965.

January 1, 1966

The effective date on which the Code of Criminal Procedure took effect and began governing criminal proceedings.

Severability (Art. 1.025)

A provision stating that if any part of the code is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid portion.

Objects of this Code (Art. 1.03)

Six intended goals including preventing crime, excluding hope of escape, insuring a trial with little delay, bringing all evidence to trial, insuring a fair trial, and certain execution of sentences.

Due Course of Law (Art. 1.04)

The requirement that no citizen be deprived of life, liberty, property, privileges, or immunities except by the law of the land.

Rights of Accused (Art. 1.05)

Includes a speedy public trial by impartial jury, knowing the nature of accusation, right against self-incrimination, right to be heard, and confrontation of witnesses.

Indigent

A person who is not financially able to employ counsel.

Appointment Timeline: County < 250,000

In these counties, the court must appoint counsel by the end of the third working day after receiving the defendant's request.

Appointment Timeline: County ≥ 250,000

In these counties, the court must appoint counsel by the end of the first working day after receiving the defendant's request.

Preparation Time (Art. 1.051(e))

Appointed counsel is entitled to 10 days to prepare for a proceeding, though this may be waived with the defendant's consent.

Signed Pleadings (Art. 1.052)

The requirement that pleadings filed by an attorney or defendant certify that the instrument is not groundless, brought in bad faith, or for harassment.

Groundless

Under Art. 1.052, this refers to a filing with no basis in law or fact and not warranted by a good faith argument for changing existing law.

Present Ability to Pay (Art. 1.053)

The standard by which a court determines a defendant's financial capacity for any purpose, considering only current financial status.

Searches and Seizures (Art. 1.06)

Protection against unreasonable seizures or searches, requiring probable cause supported by oath or affirmation for any warrant.

Habeas Corpus (Art. 1.08)

Described as a 'writ of right' that shall never be suspended.

Art. 1.09 (Cruelty Forbidden)

Prohibits excessive bail, excessive fines, and cruel or unusual punishment.

Jeopardy (Art. 1.10)

The principle that no person shall be twice put in jeopardy of life or liberty for the same offense.

Acquittal a Bar (Art. 1.11)

An acquittal exempts a defendant from a second trial for the same offense, unless the first trial occurred in a court with no jurisdiction.

Waiver of Jury Trial (Art. 1.13)

A defendant's right to waive a jury trial in writing and in person, except in capital felony cases where the state seeks the death penalty.

Waiver of Indictment (Art. 1.141)

A person represented by counsel may voluntarily waive the right to be accused by indictment for a noncapital felony and be charged by information.

Jury in Felony (Art. 1.15)

Provides that no conviction for a felony is possible without a jury verdict, unless waived, and requires the state to introduce sufficient evidence into the record regardless of a plea.

Liberty of Speech and Press (Art. 1.16)

The right to speak, write, or publish opinions, where the truth may be used as evidence in prosecutions for publications about public officers.

Religious Belief (Art. 1.17)

States that no person is disqualified from giving evidence based on their religious opinions or lack thereof.

Outlawry and Transportation (Art. 1.18)

Prohibits citizens from being outlawed or transported out of the State for offenses committed within it.

Corruption of Blood (Art. 1.19)

Provides that no conviction shall result in forfeiture of estate or corruption of blood.

Conviction of Treason (Art. 1.20)

Requires the testimony of two witnesses to the same overt act or a confession in open court for a conviction.

Privilege of Legislators (Art. 1.21)

The immunity of Senators and Representatives from arrest during legislative sessions, except in cases of treason, felony, or breach of the peace.

Conservators of the Peace (Art. 1.23)

The designation for all Supreme Court justices, Court of Criminal Appeals judges, Courts of Appeals justices, and District Court judges.

The State of Texas

The required style for all writs and process; prosecutions must also be carried on in this name and by this authority.

Art. 1.27 (Common Law Governs)

The rule that if the Code fails to provide a procedure, common law rules shall be applied and govern.