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The Texas Criminal Justice System

The Texas Criminal Justice System. This section focuses specifically on the criminal justice system in the state of Texas. This takes us through several steps in the governing process. The entire criminal justice system involves all three branches of government.

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The Texas Criminal Justice System

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  1. The Texas Criminal Justice System

  2. This section focuses specifically on the criminal justice system in the state of Texas.This takes us through several steps in the governing process. The entire criminal justice system involves all three branches of government.

  3. Law creationLaw EnforcementProsecutionTrialsAppealsPunishmentParoles

  4. Types of lawsCivilCriminalMisdemeanorsFelonies

  5. Criminal classifications in the state.

  6. Sources of law:

  7. Statutes passed by the state legislatureProvisions of the Texas ConstitutionCommon Law

  8. Every time the Texas Legislature meets it passes a variety of new statutes which make new things illegal to do. These come into effect – generally – September 1st following the end of the session.

  9. Here are reports about the most recent laws passed in the 82nd session: Criminal Law BlogKXII.comTexas District and County AttorneysGrits for Breakfast

  10. Public opinion on certain things can change. Marijuana use for example. But change in public opinion does not necessarily lead to changes in public policy.

  11. From 2009, a list of 2,436 total felonies – also ranked according to severity. Grits for Breakfast comments on the exploding number of felonies in Texas. Discussion: Do we make too many things illegal? What pressures does this place on the state? Are there other ways to address public problems?

  12. All Texas laws are contained in Vernon’s Texas Statutes and Codes.Click here for (what seems to be) a comprehensive set of links to Texas Codes and laws.

  13. More discussion: What factors make some things illegal and other things not? Do law enforcement agencies promote expanded criminal law? Does this allow additional means to control the general population.

  14. One problematic issue: It can take awhile for people to realize that laws have changed for certain activities.

  15. Cities can also pass ordinances which do the same thingRecent local example: Is giving food away a crime in Houston?And is Houston going to change its chicken laws?

  16. So with very few exceptions, the decision about what people can and cannot do comes own to decisions made in the legislative branch, and this is often as a consequence of efforts to criminalize certain activities.

  17. It is up to the executive branch to enforce the laws. Investigation and prosecution.

  18. The law enforcement system in the state is highly decentralized. While state institutions exist – notably The Texas Department of Public Safety – these share power with 254 sheriff’s department in each of the counties in the state, and the police departments in each of the over 1,200 incorporated municipalities.

  19. This doesn’t even take into consideration the fact that Texas law enforcement exists within the larger frame of law enforcement in the nation as a whole.

  20. The DPS consists “of the director's staff and three major divisions: Criminal Law Enforcement, Traffic Law Enforcement, and Administration.” Texas Tribune Topic: Steve McGraw

  21. The DPS is overseen by a five person board – the Public Safety Commission - appointed by the governor and confirmed by the Texas Senate for six year, staggered terms.

  22. The Texas Rangers (Wikipedia, TSHA) are also a division within the DPS. The division dates back to 1823, so it considerably older than DPS – and Texas itself.

  23. Texas laws are also enforced by sheriffs. The Texas Constitution establishes that each county is to have an elected sheriff who is to serve for four years.

  24. “By statutes, the Sheriff is a Texas peace officer, a conservator of the peace, enforces the criminal laws of the State, and is responsible for the county jail, bail bonds, civil process, and security of the courts. In some small counties the Sheriff is also the tax collector.“ – S.A.T. website.

  25. Brazoria County Sheriff’s OfficeHarris County Sheriff’s OfficeSheriff’s Association of Texas

  26. County law enforcement is also augmented by constables. Each county can have from one to eight and they are elected to serve in a precinct within the county.Brazoria County ConstablesHarris County Constables

  27. Constitutional authorization comes from Article 5 – Section 15 of the Texas Constitution.

  28. Cities also have their own law enforcement mechanisms – police forces.Its worth noting that professional policing only began in the late 1820s. Police forces had a history of sources of patronage.

  29. Alvin Police DepartmentHouston Police Department

  30. Remember that the activities of the police are limited by the various elements that we know collectively as the “due process of the law.” Parts of the U.S. and Texas Bills of Rights are intended to limit the discretionary activities of the police. Actions are not to be motivated by racial or ethic bias, but by probably cause.

  31. Important parts of each Constitution: U.S. Constitution 4th Amendment, which is applied to state and local forces through the 14th Amendment; Texas Constitution, Section 9.

  32. Criminal investigations begin with police forces. Once evidence of criminal activity is found, further investigations and prosecution is handed over to the lawyers. Their activities are also contained by due process requirements in both the U.S. and Texas Constitutions.

  33. Problem: How reliable are police crime labs? Are they biased in favor of the police or are they independent? The Houston Crime Lab was found to tailor tests to theories.

  34. A similar problem exists with how eyewitness testimony is treated.

  35. How to Obtain a WarrantPrior to trial, arresting officers sometimes have to face a probable cause hearing where it can be determined that an arrest, or the acquisition of evidence, was legal. Click here for a thorough discussion of probable cause hearings.

  36. Some Light Reading: Texas Search and SeizureA bit less extensive: The Criminal Process: How it WorksTexas Criminal Procedures

  37. And in case you need it: Your Rights During a Traffic StopKnow Your Rights When Dealing With Police OfficersTicket AssassinPolice Traffic Stops and Vehicle Searches: FAQs

  38. While awaiting trial, the accused can either be set freeon bail, or held in a city or county jail.

  39. The top lawyer – chief legal officer - in the state is the Attorney General (Wikipedia, TSHA), who is elected independently to four year terms.

  40. Each county also elects it own District Attorney and hires a number of assistant district attorneys and prosecutors.Harris County District AttorneyTDCAATAC

  41. Harris County also has an attorney who represents the county in legal matters the county is involved in as a litigant. This person is not a prosecutor.

  42. Cities also have their own legal departments headed by a city attorney.Alvin Legal DepartmentHouston Legal Department

  43. Click here for an overview of the legal process after it is handed from the police to the prosecutors as described by an assistant district attorney in Travis County.

  44. Before discussing this, here’s a reminder that there are several types of criminal trial courts in the state, each with their own jurisdiction. Click here for the basic court structure in Texas.

  45. Prosecutors are assigned to each of the District and County Courts (click here for the Brazoria County Courts and here for the Harris County Courts).

  46. At the bottom are two types of local trial courts: (1) Justice of the Peace courts an (2) Municipal Courts.

  47. Justice of the Peace Courts are presided over by judges who need no qualifications and are voted into office in partisan elections and decide cases involving civil actions of less than $10,000, criminal misdemeanors punishable by fines, and can perform magistrate functions, such as marriages and issuing warrants. The JP serves in precincts drawn by the county court.

  48. They serve as small claims courts, which provides an informal, inexpensive way to resolve disputes of $10,000 or less.

  49. Click here for: Brazoria County Justice of the PeaceHarris County Justice of the Peace

  50. Municipal Courts are established and controlled by cities in means established in city charters. They have jurisdiction over criminal misdemeanors, municipal ordinance criminal cases, some civil cases and they have magistrate functions as well. They are appointed or elected as established in the city charter.

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