TCLEOSE TEST QUESTIONS AND ANSWERS
Texas Code of Criminal Procedure shall be know, and may be cited, as: - Answers -
Code of Criminal Procedure
The Texas Code of Criminal Procedure shall govern all______ - Answers - criminal
proceedings
The Texas Code of Criminal Procedure seeks to insure______ - Answers - a fair and
impartial trial
In all criminal prosecutions the accused shall enjoy
1.
2.
3.
4. - Answers - 1. The right to demand the nature and cause of the accusation.
2. to have a copy of the accusation
3. the right of being heard by himself
4. a speedy public trial
The right of the accused shall include: 1.
2. - Answers - 1. compulsory process for obtaining witnesses
2. indictment by grand jury for felony case.
The defendant in a criminal matter is entitled to be represented by counsel in an
adversarial judicial proceedings. The right to be represented by counsel
includes_____________________ - Answers - the right to consult with counsel in
private
Article 1.06 Searches and seizures states the people shall be secure in their persons,
houses, papers, and possessions from all __________ - Answers - unreasonable
searches and seizures
The habeas corpus is a writ of right and shall be suspended under the following
condition: - Answers - shall never be suspended
Article 1.09 of the Texas Code of Criminal Procedure forbids cruelty, of the following,
which is the acts that are forbidden? - Answers - cruel and unusual punishment,
excessive fines, excessive bail.
Upon having been acquitted by a trial in a court having no jurisdiction, a defendant
can____________ - Answers - be prosecuted again in a court having jurisdiction
The defendant in a criminal prosecution for any offense may not waive any rights
secured him by law. True or False - Answers - False
,No person can be convicted of a felony except upon the verdict of a jury dually rendered
and recorded, unless the defendant, upon enter in a plea, has in open court in person
waived his right of trial by jury in writting. In no event shall a person be convicted upon
his plea without_______ - Answers - introduction of sufficient evidence showing guilt
Upon conviction of certain offense in a court of competent jurisdiction, a citizen can be
outlawed and transported out of the State. True or False - Answers - False
Senators and Representatives shall, except in cases of treason, Felony or breach of
peace, be privileged from arrest during session of the legislature and going to and
returning from the same allowing one day - Answers - for every 20 miles such member
may reside from the place at which the legislature is convened.
The proceedings and trials in all courts shall be public. True or False - Answers - False
The defendant, upon trial, shall be confronted by the witnesses, except in certain cases
provided for in the Texas Code of Criminal Procedures where - Answers - depositions
have been taken
The mayor of an incorporated city may sign a search warrant as the magistrate
authorizing the search. True or false - Answers - True
It is the duty of every magistrate to preserve the peace by the use of lawful means in -
Answers - his jurisdiction
Of the following, which is not a peace officer in the State of Texas:
1.Officers commissioned by the State Fire Marshall
2. Officers commissioned but the Texas State Board of Medical Examiners
3. Investigators employed by the Texas Racing Commission
4. Investigators employed by the IRS
5. Security officers and investigators commissioned as peace officers by the
comptroller. - Answers - 4. Investigators employed by the IRS
A railroad peace officer's jurisdiction extends to - Answers - offenses involving injury to
passengers and employees or damage to railroad property or to protect railroad
property in the custody or control of the railroad
A peace officer serving as an Adjunct Police Officer (Art. CCP 2.123) may make and
exercise all authority given Peace officers under this code only within the geographical
area designed by agreement between the appointing chief of police and the private
institution. True or False? - Answers - True
It is the duty of every peace officer to preserve the peace within the officer's jurisdiction
and he shall__________ - Answers - execute all lawful process issued to the officer by
any magistrate or court
, Any person summoned to assist a peace officer in performing any duty can refuse to
obey without consequence. True or False - Answers - False
Texas Code of Criminal Procedure designates a conservator of the peace under Art
2.17. The designee is the _____ - Answers - Sheriff
Wherever a duty is imposed by this Code upon the Sheriff, the same duty may lawfully
be performed by? - Answers - his deputy
Upon receipt of a report alleging and immediate risk of physical or sexual abuse of a
child that could result in the death of or serious harm to the child by a person
responsible for the care, custody, or welfare of the child, a peace officer from the
appropriate local law enforcement agency shall investigate the report jointly with the
Department of Protective and Regulatory Services investigator as soon as possible after
bing notified and not later than ________ - Answers - 24 hours after being notified
The local law enforcement agency that receives information to the effect that a person's
identifying information was falsely given by a person arrested as the arrested person's
identifying information shall notify________ - Answers - Department of Public Safety
and the the person whose identity was falsely used
A peace officer who has custody of property subject to forfeiture as contraband shall
provide the attorney representing the state with a sworn statement that contains
__________ - Answers - a schedule of the property seized, an acknowledgement that
the officer has seized the property, and a list of the officer's reasons for the seizure
District courts and criminal district courts have original jurisdiction in criminal cases of
the grade of _______ - Answers - Felony
The county courts shall have appellate jurisdiction in criminal cases of which justice
courts and other inferior courts have - Answers - original jurisdiction
A justice of the peace has the ability to take forfeitures of all bonds given for the
appearance of any party at his court, regardless of the amount. True or False -
Answers - True
Family violence is a serious danger and threat to society and its members. Victims of
family violence are entitled to the maximum protection from harm or abuse or there
threat of harm or abuse as is permitted by law. In any response to allegations of family
violence, the responding law enforcement officers shall_______ - Answers - protect
the victim
A peace officer's duty to prevent the commission of criminal offenses, including family
violence, can be waived because of a family or household relationship between the
potential violator and victim. True or False - Answers - False
Texas Code of Criminal Procedure shall be know, and may be cited, as: - Answers -
Code of Criminal Procedure
The Texas Code of Criminal Procedure shall govern all______ - Answers - criminal
proceedings
The Texas Code of Criminal Procedure seeks to insure______ - Answers - a fair and
impartial trial
In all criminal prosecutions the accused shall enjoy
1.
2.
3.
4. - Answers - 1. The right to demand the nature and cause of the accusation.
2. to have a copy of the accusation
3. the right of being heard by himself
4. a speedy public trial
The right of the accused shall include: 1.
2. - Answers - 1. compulsory process for obtaining witnesses
2. indictment by grand jury for felony case.
The defendant in a criminal matter is entitled to be represented by counsel in an
adversarial judicial proceedings. The right to be represented by counsel
includes_____________________ - Answers - the right to consult with counsel in
private
Article 1.06 Searches and seizures states the people shall be secure in their persons,
houses, papers, and possessions from all __________ - Answers - unreasonable
searches and seizures
The habeas corpus is a writ of right and shall be suspended under the following
condition: - Answers - shall never be suspended
Article 1.09 of the Texas Code of Criminal Procedure forbids cruelty, of the following,
which is the acts that are forbidden? - Answers - cruel and unusual punishment,
excessive fines, excessive bail.
Upon having been acquitted by a trial in a court having no jurisdiction, a defendant
can____________ - Answers - be prosecuted again in a court having jurisdiction
The defendant in a criminal prosecution for any offense may not waive any rights
secured him by law. True or False - Answers - False
,No person can be convicted of a felony except upon the verdict of a jury dually rendered
and recorded, unless the defendant, upon enter in a plea, has in open court in person
waived his right of trial by jury in writting. In no event shall a person be convicted upon
his plea without_______ - Answers - introduction of sufficient evidence showing guilt
Upon conviction of certain offense in a court of competent jurisdiction, a citizen can be
outlawed and transported out of the State. True or False - Answers - False
Senators and Representatives shall, except in cases of treason, Felony or breach of
peace, be privileged from arrest during session of the legislature and going to and
returning from the same allowing one day - Answers - for every 20 miles such member
may reside from the place at which the legislature is convened.
The proceedings and trials in all courts shall be public. True or False - Answers - False
The defendant, upon trial, shall be confronted by the witnesses, except in certain cases
provided for in the Texas Code of Criminal Procedures where - Answers - depositions
have been taken
The mayor of an incorporated city may sign a search warrant as the magistrate
authorizing the search. True or false - Answers - True
It is the duty of every magistrate to preserve the peace by the use of lawful means in -
Answers - his jurisdiction
Of the following, which is not a peace officer in the State of Texas:
1.Officers commissioned by the State Fire Marshall
2. Officers commissioned but the Texas State Board of Medical Examiners
3. Investigators employed by the Texas Racing Commission
4. Investigators employed by the IRS
5. Security officers and investigators commissioned as peace officers by the
comptroller. - Answers - 4. Investigators employed by the IRS
A railroad peace officer's jurisdiction extends to - Answers - offenses involving injury to
passengers and employees or damage to railroad property or to protect railroad
property in the custody or control of the railroad
A peace officer serving as an Adjunct Police Officer (Art. CCP 2.123) may make and
exercise all authority given Peace officers under this code only within the geographical
area designed by agreement between the appointing chief of police and the private
institution. True or False? - Answers - True
It is the duty of every peace officer to preserve the peace within the officer's jurisdiction
and he shall__________ - Answers - execute all lawful process issued to the officer by
any magistrate or court
, Any person summoned to assist a peace officer in performing any duty can refuse to
obey without consequence. True or False - Answers - False
Texas Code of Criminal Procedure designates a conservator of the peace under Art
2.17. The designee is the _____ - Answers - Sheriff
Wherever a duty is imposed by this Code upon the Sheriff, the same duty may lawfully
be performed by? - Answers - his deputy
Upon receipt of a report alleging and immediate risk of physical or sexual abuse of a
child that could result in the death of or serious harm to the child by a person
responsible for the care, custody, or welfare of the child, a peace officer from the
appropriate local law enforcement agency shall investigate the report jointly with the
Department of Protective and Regulatory Services investigator as soon as possible after
bing notified and not later than ________ - Answers - 24 hours after being notified
The local law enforcement agency that receives information to the effect that a person's
identifying information was falsely given by a person arrested as the arrested person's
identifying information shall notify________ - Answers - Department of Public Safety
and the the person whose identity was falsely used
A peace officer who has custody of property subject to forfeiture as contraband shall
provide the attorney representing the state with a sworn statement that contains
__________ - Answers - a schedule of the property seized, an acknowledgement that
the officer has seized the property, and a list of the officer's reasons for the seizure
District courts and criminal district courts have original jurisdiction in criminal cases of
the grade of _______ - Answers - Felony
The county courts shall have appellate jurisdiction in criminal cases of which justice
courts and other inferior courts have - Answers - original jurisdiction
A justice of the peace has the ability to take forfeitures of all bonds given for the
appearance of any party at his court, regardless of the amount. True or False -
Answers - True
Family violence is a serious danger and threat to society and its members. Victims of
family violence are entitled to the maximum protection from harm or abuse or there
threat of harm or abuse as is permitted by law. In any response to allegations of family
violence, the responding law enforcement officers shall_______ - Answers - protect
the victim
A peace officer's duty to prevent the commission of criminal offenses, including family
violence, can be waived because of a family or household relationship between the
potential violator and victim. True or False - Answers - False
