TX GOV CH 13 – Flashcards

is a serious criminal offense that subjects a person to state prison pun-ishment. Fines can be up to $10,000, and prison punishment can range from six months to the death penalty. The right to vote, to have a gun, or to have certain occupational licenses can also be taken away, although in Texas voting rights for felons are restored after the sentence has been fully discharged. The most serious felony is capital murder, for which the penalty can be death or life imprisonment without parole. The next most serious felony is a first degree felony, for which the punishment can be 5 to 99 years in a state prison and a possible fine of up to $10,000. First degree felonies include such crimes as aggravated assault on a public servant, aggravated kidnapping, aggravated sexual assault, and arson of a habita-tion. A crime defined as "aggravated" involves the use of some sort of weapon. A second degree felony is punished with a sentence of 2 to 20 years in state prison and a possible fine of up to $10,000. Second degree felo-nies include such crimes as arson, bigamy, bribery, rob-bery, sexual assault, manslaughter, and possession of 50 to 2,000 pounds of marijuana. A third degree felony is punished with a sentence of 2 to 10 years in state prison and a possible fine of up to $10,000. Examples of third degree felonies include a stalking conviction, a third driving while intoxicated (DWI) charge, or a third offense of violation of a protective order. The last category of felonies, state jail felonies, results in 180 days to 2 years in a state jail and a possible fine of up to $10,000. Examples of a state jail felony include burglary of a building, DWI with a child as a passenger, forgery of a check, and possession of less than one gram of a controlled substance.

is money that is provided by the defendant to assure his or her appearance in court. Usually, if a defendant does not show up for trial, the bail is forfeited. If the defendant appears as required, the bail money is returned. An individual may put up the entire sum for bail in order to be released from prison pend-ing trial. Often, however, bail is more than the accused can pay, and so he or she will arrange with a bail bonds-man to pay the bail in exchange for a nonrefundable payment that is often 10 percent of the amount but can be higher. payment of money to the state as an assurance that an accused person who is released from jail pending trial will appear for trial; if the accused does not appear, the bail is forfeited

why county has the highest amount of executions in texas and US? w/116

Texas executed 515 people from 1976 through 2013. As of July 2013 there were " "people on death row.

A stay on death row can be a lengthy one, even in Texas. The average time spent on death row prior to execution is " " years, although the time varies considerably. One inmate under a death sentence waived his appeals and spent only a little more than eight months on death row prior to execution. On the other hand, David Lee Powell spent 31 years on death row prior to being executed in 2010.

Texas judges are elected and polls show strong public support in Texas for the death penalty. One 2012 Texas poll, for example, showed that " " percent of Texas voters either somewhat or strongly supported the death penalty and only 21 percent were opposed. 38 Texas has led the nation in the number of executions since the death penalty was reinstated in 1976. Of the top 15 counties in the United States that have issued death sentences since 1976, 9 of the coun-ties have been in Texas (see Table 13.3).

at least for now Texas is using a " " dose of pentobarbital because of drug shortages for the three-drug execution cocktail. for death penalty

In Texas, one is subject to the " " for the murder of a public safety officer, fireman, or correctional employee; murder during commission of a kidnapping, burglary, robbery, aggravated rape, or arson; murder for hire; multiple murders; murder during a prison escape; murder by a prison inmate serving a life sentence; or murder of a child under the age of 6. Held in huntsville

The death penalty a) is imposed in Texas for all murders. b) has been imposed less frequently since Texas al-lowed juries to sentence a defendant to life without parole. c) is carried out in the county where the crime occurred. d) is carried out with an electric chair. e) cannot be carried out without approval by the Texas Board of Pardons and Parole.

A defendant may also have a jury trial but waive the right to sentencing by a jury so that the judge deter-mines the sentence if there is a guilty verdict. In Texas, felony juries are composed of " " people and misdemeanor juries are composed of 6. Decisions by criminal juries must be unanimous, and for both felonies and misdemeanors the standard of proof is "beyond a reasonable doubt." If the jury's decision in a felony case is not unanimous, the case results in a mistrial, and the prosecutor must decide whether to retry the defendant.

Although the procedure can vary, generally after arraignment, a felony case will be presented to a "" which consists of "" persons who will hear the case to determine if there is sufficient evidence to hold the accused for trial. Grand juries do not find people guilty of a crime, but instead will vote a "true bill," meaning that they find probable cause that an accused person has committed the crime, or they will return a "no bill," meaning that they did not find probable cause. A person would, of course, be held for trial only if a grand jury voted a "true bill." A grand jury indictment is far from conviction, as all a grand jury determines is the existence of probable cause and usually the grand jury's decision is based only on a presentation made by the prosecutor. In a trial, to find a person guilty, there must be a finding of guilt "beyond a reasonable doubt," which is a demanding standard of proof for a prosecutor. At a trial the defense is also heard and has the opportunity to cross-examine witnesses and present the defense's version of events. The major criticism of the grand jury is that it usually hears only what the prosecutor chooses to let it hear and that it serves as a "rubber stamp" for the prosecutor's decision.

The number of prison inmates per 100,000 population in Texas in 2012 was "".

Since the U.S. Supreme Court reinstated the death penalty in 1976, Texas has executed "" people: four times more than any other state.

While Texas does not lead the nation in its incarceration rate, it is still the fifth highest in the United States. Who are the people in Texas's prisons? A disproportionately high number of African American men, for example, are serving in the state's prisons compared to their percentage of the population in the state. In fact, 7 out of every 10 prisoners in Texas is either "" or "".

Indeed, "" percent of Texas prisoners are male, and the average age of prisoners is 38.1 years. Texas imprisons mostly violent offenders(55%). then drugs(16.7), then property crimes(16.1%).

a negotiated agreement in a criminal case in which a defendant agrees to plead guilty in return for the state's agreement to reduce the severity of the criminal charge or prison sentence the defendant is facing

Prosecutors must maintain high conviction rates in order to keep their positions. One way that high conviction rates are maintained is through plea bargaining. In a plea bargain , a prosecutor will meet with the accused or his lawyer and offer a sentence in exchange for a plea of guilty. The prosecutor's offer might involve reducing the charge, dropping some of the charges, or recommending a lighter sentence than the defendant might get at trial if found guilty. Plea bargaining is not only necessary politically for an elected district attorney to maintain high conviction rates but also crucial in managing the limited resources of the prosecutor's office and the courts. Prosecuting a case that goes to trial after a defendant pleads not guilty can cost thousands and even hundreds of thousands of dollars and uses up the time of employees. If plea bargaining were suddenly abandoned in Texas, the criminal justice system would quickly come to a halt as a result of a massive "" of trials. There is often an incentive for defense lawyers to plea bargain as well. In many cases, defense lawyers can generate more income by representing numerous defendants (who often have limited resources) in plea negotiations than they can generate in a few time-consuming trials. And, of course, plea bargains can benefit defendants, even innocent defendants, in that they get an assured sentence that may be less than they would receive if they went to trial and were found guilty and sentenced by either a judge or a jury.

Which of the following statements about plea bargaining is true? a) Plea bargaining threatens to overwhelm the limited resources of a prosecutor's office. b) Plea bargaining does not benefit defendants. c) Plea bargains are made by defendants with district attorneys and agreed to by a judge. d) Most Texas district attorneys oppose plea bargaining. e) Most Texas criminal defense attorneys oppose plea bargaining.

In Texas this type jury for felonies it is composed of "" people this is held when the Grand jury voted "true bill" decisions made by this must be unanimous(agreed by all) and proof must be "beyond a reasonable doubt" if the case is not unanimous then the case results in mistrial(invalid) and the prosecutor decides whether or not to retry the defendant

Texas has the "" highest amount of incarceration in the US