U.S. and Texas Constitutions, Laws, and Criminal Code

Comprehensive vocabulary flashcards covering key terms, constitutional amendments, Supreme Court cases, criminal law elements, and Texas state codes from the lecture notes.

Articles of Confederation

The first constitution of the United States; lacked power to collect taxes, leading to state debt and Shays' Rebellion.

Constitutional Convention (1787)

A gathering of 55 delegates in Philadelphia seeking a stronger national government; 39 signed the final U.S. Constitution.

Structure of the U.S. Constitution

Consists of the Preamble, 7 Articles establishing federal powers and structure, and 27 total Amendments.

Treason

The only crime explicitly defined in the U.S. Constitution (Article III); requires testimony of two witnesses to the same overt act or a confession in open court.

Bill of Rights

The first 10 Amendments added to the U.S. Constitution in 1791 to protect individual liberties against government intrusion.

First Amendment

Protects freedoms of speech, religion, press, assembly, and petition.

Second Amendment

Guarantees the right of the people to keep and bear arms.

Third Amendment

Restricts the quartering of soldiers in private homes without owner consent during peacetime.

Fourth Amendment

Protects against unreasonable searches and seizures and requires probable cause for search and arrest warrants.

Fifth Amendment

Guarantees grand jury indictment, protection against double jeopardy, protection against self-incrimination, right to due process, and just compensation for eminent domain.

Sixth Amendment

Guarantees rights in criminal prosecutions, including a speedy/public trial, impartial jury, confrontation of witnesses, compulsory process, and assistance of counsel.

Seventh Amendment

Guarantees the right to jury trials in civil cases.

Eighth Amendment

Prohibits excessive bail, excessive fines, and cruel and unusual punishments.

Ninth Amendment

States that non-enumerated rights in the Constitution are retained by the people.

Tenth Amendment

Reserves powers not delegated to the federal government to individual states or the people (police powers).

Probable Cause

A reasonable likelihood (~51% certainty) based on objective facts that a crime occurred and the suspect is linked to it.

Search Warrant

An order issued by a neutral, detached magistrate based on a sworn affidavit specifically describing the place to be searched and items/persons to be seized.

Plain View Doctrine

A search warrant exception allowing officers to seize evidence without a warrant if legally present, discovery is inadvertent, and the item's contraband nature is immediately apparent.

Miranda v. Arizona

Supreme Court ruling requiring police to advise suspects of self-incrimination and right-to-counsel rights prior to custodial interrogation.

Gideon v. Wainwright

Supreme Court ruling that requires states to provide legal counsel to indigent defendants in all felony cases under the 14th Amendment.

Civil Law

Branch of law resolving private disputes between individuals/entities using a Preponderance of the Evidence standard with monetary or injunctive remedies.

Criminal Law

Branch of law holding individuals accountable for public offenses against society, requiring Proof Beyond a Reasonable Doubt and carrying penalties like incarceration.

Actus Reus

The voluntary physical act or illegal omission that constitutes the physical element of a crime.

Mens Rea

The culpable mental state or criminal intent accompanying a prohibited act.

Concurrence

The requirement that actus reus (guilty act) and mens rea (guilty mind) must occur at the exact same time.

Causation

Proof showing that the defendant's act directly produced a prohibited harmful result.

Intentionally

Culpable mental state where a person acts with a conscious objective or desire to engage in conduct or cause a result.

Knowingly

Culpable mental state where a person is aware that their conduct is reasonably certain to cause a result.

Recklessly

Culpable mental state where a person consciously disregards a substantial and unjustifiable risk.

Criminal Negligence

Culpable mental state where a person fails to perceive a substantial and unjustifiable risk that ought to be perceived.

Mala in Se

Crimes that are inherently evil under general moral standards (e.g., murder, sexual assault).

Mala Prohibita

Crimes that are bad because prohibited by statute rather than inherently evil (e.g., traffic violations).

Mitigating Factors

Sentencing factors favoring the accused that support lesser charges or penalties (e.g., minor role, lack of prior record, remorse).

Aggravating Factors

Sentencing factors supporting harsher charges or penalties (e.g., brutality, vulnerable victims, use of deadly weapons).

Texas Misdemeanors

Class C (fine up to $500), Class B (up to 180 days jail; fine up to $2,000), and Class A (up to 1 year jail; fine up to $4,000).

Texas Felonies

Ranging from State Jail Felony (180 days - 2 yrs) up to 1st Degree Felony (5 - 99 yrs/Life) and Capital Felony (Life without parole or Death).

Texas Statutes Website

The official online database (http://www.statutes.legis.state.tx.us/) containing Texas legislative codes like Penal, Transportation, Health & Safety, and Family.

Ethics

Formal rules and principles governing acceptable conduct within a professional practice.

Integrity

Strict adherence to moral principles and complete honesty under all circumstances.

Frye Standard

Legal rule requiring scientific techniques or evidence to be 'generally accepted' within the scientific community to be admissible in court.

Daubert Standard

Legal standard assigning judges a gatekeeping role to evaluate scientific reliability based on testability, peer review, error rates, and general acceptance.

Texas Constitution Bill of Rights

Unlike the U.S. Constitution, Texas places its 31 Bill of Rights guarantees directly on the very first page of its state constitution.

Articles of Confederation

The first constitution of the United States; lacked power to collect taxes, leading to state debt and Shays' Rebellion.

Constitutional Convention (1787)

A gathering of 55 delegates in Philadelphia seeking a stronger national government; 39 signed the final U.S. Constitution.

Shays' Rebellion

An uprising of indebted farmers facing foreclosure due to high state taxes, demonstrating the weaknesses of the Articles of Confederation.

Structure of the U.S. Constitution

Consists of the Preamble, 7 Articles establishing federal powers and structure, and 27 total Amendments.

Treason

The only crime explicitly defined in the U.S. Constitution (Article III); requires testimony of two witnesses to the same overt act or a confession in open court.

Bill of Rights

The first 10 Amendments added to the U.S. Constitution in 1791 to protect individual liberties against government intrusion.

First Amendment

Protects freedoms of speech, religion, press, assembly, and petition.

Second Amendment

Guarantees the right of the people to keep and bear arms.

Third Amendment

Restricts the quartering of soldiers in private homes without owner consent during peacetime.

Fourth Amendment

Protects against unreasonable searches and seizures and requires probable cause for search and arrest warrants.

Fifth Amendment

Guarantees grand jury indictment, protection against double jeopardy, protection against self-incrimination, right to due process, and just compensation for eminent domain.

Sixth Amendment

Guarantees rights in criminal prosecutions, including a speedy/public trial, impartial jury, confrontation of witnesses, compulsory process, and assistance of counsel.

Seventh Amendment

Guarantees the right to jury trials in civil cases.

Eighth Amendment

Prohibits excessive bail, excessive fines, and cruel and unusual punishments.

Ninth Amendment

States that non-enumerated rights in the Constitution are retained by the people.

Tenth Amendment

Reserves powers not delegated to the federal government to individual states or the people (police powers).

Probable Cause

A reasonable likelihood (~51% certainty) based on objective facts that a crime occurred and the suspect is linked to it.

Search Warrant

An order issued by a neutral, detached magistrate based on a sworn affidavit specifically describing the place to be searched and items/persons to be seized.

Plain View Doctrine

A search warrant exception allowing officers to seize evidence without a warrant if legally present, discovery is inadvertent, and the item's contraband nature is immediately apparent.

Miranda v. Arizona

Supreme Court ruling requiring police to advise suspects of self-incrimination and right-to-counsel rights prior to custodial interrogation.

Gideon v. Wainwright

Supreme Court ruling that requires states to provide legal counsel to indigent defendants in all felony cases under the 14th Amendment.

Civil Law

Branch of law resolving private disputes between individuals/entities using a Preponderance of the Evidence standard with monetary or injunctive remedies.

Criminal Law

Branch of law holding individuals accountable for public offenses against society, requiring Proof Beyond a Reasonable Doubt and carrying penalties like incarceration.

Actus Reus

The voluntary physical act or illegal omission that constitutes the physical element of a crime.

Mens Rea

The culpable mental state or criminal intent accompanying a prohibited act.

Concurrence

The requirement that actus reus (guilty act) and mens rea (guilty mind) must occur at the exact same time.

Causation

Proof showing that the defendant's act directly produced a prohibited harmful result.

Intentionally

Culpable mental state where a person acts with a conscious objective or desire to engage in conduct or cause a result.

Knowingly

Culpable mental state where a person is aware that their conduct is reasonably certain to cause a result.

Recklessly

Culpable mental state where a person consciously disregards a substantial and unjustifiable risk.

Criminal Negligence

Culpable mental state where a person fails to perceive a substantial and unjustifiable risk that ought to be perceived.

Mala in Se

Crimes that are inherently evil under general moral standards (e.g., murder, sexual assault).

Mala Prohibita

Crimes that are bad because prohibited by statute rather than inherently evil (e.g., traffic violations).

Mitigating Factors

Sentencing factors favoring the accused that support lesser charges or penalties (e.g., minor role, lack of prior record, remorse).

Aggravating Factors

Sentencing factors supporting harsher charges or penalties (e.g., brutality, vulnerable victims, use of deadly weapons).

Texas Misdemeanors

Class C (fine up to $500), Class B (up to 180 days jail; fine up to $2,000), and Class A (up to 1 year jail; fine up to $4,000).

Texas Felonies

Ranging from State Jail Felony (180 days - 2 yrs) up to 1st Degree Felony (5 - 99 yrs/Life) and Capital Felony (Life without parole or Death).

Texas Statutes Website

The official online database (http://www.statutes.legis.state.tx.us/) containing Texas legislative codes like Penal, Transportation, Health & Safety, and Family.

Ethics

Formal rules and principles governing acceptable conduct within a professional practice.

Integrity

Strict adherence to moral principles and complete honesty under all circumstances.

Frye Standard

Legal rule requiring scientific techniques or evidence to be 'generally accepted' within the scientific community to be admissible in court.

Daubert Standard

Legal standard assigning judges a gatekeeping role to evaluate scientific reliability based on testability, peer review, error rates, and general acceptance.

Texas Constitution Bill of Rights

Unlike the U.S. Constitution, Texas places its 31 Bill of Rights guarantees directly on the very first page of its state constitution.