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Reasons for punishment?
Punishment can be used to deter others from criminal behavior, retributive justice, incapacitation (locking them up), and rehabilitation
Recidivism rate?
Rate in which something repeats, one half of the people that have been imprisoned will return to prison three years
Voter ID in Texas
In Texas you must show motor ID card and government issued picture ID, issue is in front of the U.S. Supreme Court
Fines
Financial punishment (tickets)
Restrictions/removals
Of your liberties such as where you can go, restraining orders, prison, etc.
Cpl. punishment
Whipping, caning, other physical punishments
Capital punishment
Allowing the government to take someone's life, death sentence automatically gets an appeal, a felony and a death occurring during the crime warrants a capital punishment
Protected classes
A certain group of people that if you kill them it warrants capital punishment, children under the age of six, policemen, judges, etc.
Executions in Texas
Texas kills more people than any state and the federal government, or people in one year than all the other states combined
How are death penalty cases punished?
By bad acts are punished, not thoughts
How do people challenge the death penalty?
People sometimes use the fourth amendment argument which is seldom successful, death is not unusual
What is the uniform crime report?
Index/records of eight major crimes per 1000 people for states, cities, and neighborhoods
What are the eight major crimes?
1. Rape
2. Robbery
3. Aggravated assault
4. Burglary
5. Theft
6. Auto theft
7. Arson
8. Murder
What is robbery?
The taking of property of another in an attempt to permanently deprive through fear or force
What is burglary?
Entering into buildings and stealing
What is theft?
Dishonestly appropriating property in an attempt to permanently deprive
Who are the Texas rangers?
They have 100 to 115 people on staff, they cover multi-jurisdictional crimes and they investigate the police
Who is the County Sheriff?
He is elected to a four-year term, he provides police services for unincorporated areas that are out side the city limits and he runs the county jail
Who is the county constable?
He is elected to a four-year term he serve subpoenas, evictions and court orders
What is due process?
One set of rules and everyone goes through that, it is applied to everyone, it is constitutionally guaranteed for everyone to be treated the same
What are warrants?
Something that has been issued only when probable cause has been established
What is probable cause?
Reasonable grounds to suspect a particular person has committed a particular crime, more than a "bear suspicion" (more than a hunch)
What is a judge/unbiased magistrate?
Police go to this person the present their case to them as to why someone needs to be arrested in order to get a warrant
What is search?
Police have a right to search anyone at any time without violating your constitutional rights. Only within their personal sphere of influence meeting backpacks pockets not cars and houses. They must have "reasonable suspicion" to search.
What is seizure?
Property that can be seized or taken without a warrant
What are fruits of the crime?
The stuff the criminal stole, police doesn't need a warrant to reclaim these items
What are "tools of the crime"?
Things used to commit a crime, phones, computers, etc. can be seized
What is contraband?
Anything that's illegal to possess; illegal drugs, gambling equipment, etc., Don't need a warrant to seize
What is "mere evidence"?
Things that have no intrinsic value and are only mere evidence; DNA, blood, hair, fingerprints, etc. Can be seized without a warrant
What is bail?
A cash deposit made with the court that you will show up for the trial, if you show up you get it back, set by the judge, depending on the crime, defendant's behavior, defendants at worst, bail is for everything except murder
What is a bond?
A loan to the people who couldn't go alone anywhere else, a high interest high-risk loan, that is used for bail; must give up a whole lot of collateral, house, car, etc.
What is a grand jury indictment?
12 people that serve a three to six month timeframe (once a week usually) Who decide whether or not to have a trial, district attorney presents the info to them and the defendant doesn't get to present any info, the typical juror is unemployed older or self-employed, must must have nine of the 12 to get a "true bill" or trial otherwise there's "no bill" (no trial)
What is an indictment?
It is a formal written accusation of a crime, or a formal charge of a crime; the trial follows after this
What are the requirements for jury duty?
You have to be 18 years old, not convicted or indicted of a felony, be a US citizen, and must be of "sound mind" or able to show up to ct.
What are the exemptions for jury duty?
You must be over 70 years of age, a caretaker of a child less than 10, or a full-time student
What is the process for a juror on jury duty?
You are called to the court/main clear clearinghouse, your ass for reasons not to be there, more dire throwing out who you wouldn't one on the jury, Batson challenges, whoever's left is the jury (12 jurors and six alternatives out of the 20 or 30), in a trial the prosecution's first and the defense is second, guilt must be a unanimous decision by the jury, then punishment phase or deciding the punishment
How many people are in prison in Texas?
Around 1 million and there are 25 million people in Texas, cheaper to keep them locked up than death penalty
In 2005, jurors now have...
The option to keep prisoners locked without parole rather than choosing the death penalty or Life in prison with possibility of parole
What is the current Texas budget for two years?
$196.9 billion, The vast majority of which are from sales tax
How does each level of government get his money?
The federal government yet it's money from income taxes and payroll deductions, The state government gets income from sales taxes, and the local government gets his money from property taxes
What are sin taxes?
Taxes on things like tobacco alcohol, they make up half of the prices on those items
The estimated percentage annually paid in taxes by a US citizen is...
60%
Non-tax-based revenue
No taxes involved, licensing fees and lottery
What was amended to prohibit deficit spending?
The Texas state constitution in 1978 except in emergencies
Who is the Comptroller of public accounts?
Susan Combs, is the state accountant who estimates the revenue for the state for the next two years
What are dedicated funds?
Money that goes directly to a place, 80% of the Texas budget is locked up, there are 200 dedicated funds total, it is money that can't be moved around, revenue for much of a particular place is dedicated to a particular expense
What is the budgeting process (The Texas two-step)?
The governor makes a budget and the legislative budget board makes a budget, on the legislative but it budget board there are 10 people on it half of the Senate and half from the House of Representatives, The lieutenant governor is in charge of the Senate and this board, from the Senate there is the state of affairs chair, the finance chairperson, and two other senators, from the House of Representatives has the speaker the Ways and Means chair appropriations chair and two other reps
What is the ranking of spending in Texas?
Number one expense is public schools, number two is Health and Human Services (Chips, WICK, medicare, Medicaid etc.), and the number three expense is business and economic development (infrastructure, roads, business, communication, electricity, airports, etc.)