Term
| FC. Sec. 71.0021 Dating Relationship |
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Definition
Relationship between individuals, who have or have had continuing relationship of romantic or intimate nature based on:
-lengthy of relationship
-nature of relationship; and
-frequency and type of interaction between the persons involved in relationship |
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Term
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Definition
-individuals related by consanguinity or affinity.
-individuals who are former spouses of each other.
-individuals who are parents of a child; without marriage.
-foster child and foster parent; without regards to whether individuals reside together. |
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Term
| FC. Sec. 71.005 Household |
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Definition
| -A unit composed of persons living together in same dwelling without regards to being related. |
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Term
| BPOC 26.1.4 Different types of abuse |
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Definition
-Physical
-Sexual
-Emotional |
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Term
| BPOC. 26.1.3 What is the real reason for violence or abuse in the family? |
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Definition
-Offender does it in order to maintain the power and control in the family.
-uses the power and control wheel. |
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Term
| FC. Sec. 85.025 What is the duration of a protective order? |
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Definition
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Term
| CCP. Art. 17.292 What is the Magistrates Order for Emergency Protection in Family Violence? |
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Definition
-The Magistrate may issue an EPO at his/her discretion or at the request of:
-Victim
-Guardian of victim
-Peace officer
-Attorney representing the State.
-The Magistrate shall issued an EPO when:
-SBI of victim has occured
-The use of or exhibition of deadly weapon during the assault |
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Term
| FC. Sec. 262.003 Is a person immune to civil liability when taking a child into possession? |
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Definition
| A person, who takes possession of a child without court order is immune from civil liability, if at the time possession is taken and there is a reasonable cause to believe there is an immediate danger to the physical health or safety of the child. |
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Term
| PC. Sec. 1.02 The purpose of the Penal code |
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Definition
| Establish a system of prohibitions penalties, and correctional measure to deal with conduct that is unjustifiably and inexcusably causes or threatens harm to those individuals or public interest for, which states protection is appropriate. |
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Term
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Definition
| Anything reasonably regarded as economic gain/advantage, including benefit to any other person in whose welfare the beneficiary is interested. |
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Term
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Definition
| Assent in fact, whether express or apparent |
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Term
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Definition
| Criminal/Tortious or both, includes what would be criminal/tortious, but for a defense not amounting to justification or privilege |
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Term
| PC. Sec. 6.03 Criminal Negligence |
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Definition
| OUGHT TO be aware of a substantial + unjustifiable risk that the result will occur. |
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Term
| PC. Sec. 22.06 Is spanking someone with a paddle a crime? |
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Definition
It is a defense if consented, no SBI, did not threaten victim, & victim knew it was a risk of his occupation, risk of medical treatment, scientific experiment.
It is a crime if the action was a gang initiation related or for membership. |
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Term
| PC. Sec. 22.08 Is aiding someone with a suicide a crime? |
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Definition
-If with intent to promote or assist the commision of suicide by another or he aids or attempts to aid other to commit or attempt to commit suicide.
-Class C misdemeanor
-SJF; if actor's conduct results in SBI or suicide (death). |
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Term
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Definition
Enter any part of the body into a building/habitation (not opened to public & without consent) or remain concealed to commit theft, felony, assault.
-SJF; building other than habitation
-2nd; habitation
-3rd; if commerical building with controlled substances
-1st; it is a habitation and attempts to commit a felony other than felony theft or actually commits offense. |
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Term
| PC. Sec. 30.03 Burglary of a Coin Operated Machine |
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Definition
Without consent, break or enter into any coin operated machine; purpose of amusement.
-Class A |
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Term
| PC. Sec. 30.04 Burglary of Vehicle |
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Definition
If without effective consent of owner, Enter any part of the body into any part of the vehicle without consent to commit theft or felony.
-Class A; minimum of 6mths of confinement if previously convicted of charge.
-SJF; convicted 2 or more times
-3rd; if vehicle is from wholesale distributor of prescription drugs and has into to commit theft of a controlled abuse. |
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Term
| PC. Sec. 36.06 Is retaliation a misdemeanor or a felony? |
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Definition
Person intentionally or knowingly harms or threatens to harm another by unlawful act;
=retaliation for or account of service status (3rd degree felony)
-prevent or delay services of another
-posting on public website their address or telephone # of a public servant or family. (3rd degree felony)
-victim is harmed or threatened due to being a juror, or SBI of public servant or family member. (2nd degree felony) |
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Term
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Definition
with intent to deceive with knowledge of statement meaning, person makes false statement under oath OR swear to the truth of false statement previously made.
-Class A
-Aggravated Perjury is 3rd degree felony |
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Term
| PC. Sec. 37.09 Tampering with fabricating physical evidence |
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Definition
-Knowing that investigation/proceeding is still pending, person alters/destroys/conceals any record/document/thing.
-Makes/presents/uses any record/document/thing knowing its falsity with intent to affect the outcome.
-3rd degree felony
-alter or destroy human corpse is 2nd degree felony
-Class A; if you find a human corpse or parts and don't report it. |
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Term
| PC. Sec. 37.11 Impersonating a Public Servant |
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Definition
With the intent to induce another to submit to his pretended official authority, to rely on his pretended official acts. To exercise any function of a public servant (judge, court, etc.).
-3rd degree felony |
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Term
| PC. Sec. 38.02 Fail to ID |
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Definition
While already under arrest for another crime, person intentionally refuses to give or give a false name, address, DOB to a peace officer.
-Refuse: Class C
-False: Class B
-If person is a fugitive, then:
-Refuse: Class B
-False: Class A |
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Term
| PC. Sec. 38.14 Attempting to take weapon from Officer |
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Definition
If person intentionally or knowingly and with force takes or attempts to take from P.o. their weapon.
=3rd degree felony if it is taken
-SJF if they are attempting to take it. |
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Term
| PC. Sec. 39.03 Elements of Official Oppression |
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Definition
Intentionally:
-Make unlawful arrest, detention, search & seizure, dispossession.
-Deny/Impede another in exercise/enjoyment of any right/privilege.
-Subject another to sexual harassment.
-Class A
-3rd; if intended to impair accuracy of data reported |
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Term
| PC. Sec. 42.01 Disorderly Conduct |
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Definition
Intentionally/Knowingly in public place:
-use obscene language that could breach the peace
-Make offensive gesture/display to breach the peace.
-Create, by chemical means, noxious odor.
-Make unreasonable loud noise.
-Fight with one another.
-Display/Discharge a firearm.
-Expose anus/genitals and reckless about another person might be offended/alarmed.
-Class C
-Class B; if display or use of firearm |
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Term
| PC. Sec. 42.062 Interference with emergency request for assistance |
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Definition
-Knowingly prevent/interfere with another person to place an emergency call/request assistance to Police, Medical, Fire.
-Recklessly render unusable an electronic communication device to a person that needs to make an emergency call to Police, Medical, Fire.
-Class A
-SJF; if previously been convicted of charge |
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Term
| PC. Sec. 42.07 Harassment |
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Definition
-If with intent to harass, annoy, alarm, abuse, torment, or embarrass another person.
-Initiate communication to make obscene comment/request/suggestion/proposal.
-Threaten to inflict BI to the person/family member/property.
-Prank calling saying that another person is dead or suffered from SBI.
-Cause telephone to ring repeatedly and make repeated anonymous calls.
-Class B
-Class A; if previously convicted |
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Term
| PC. Sec. 49.01 Intoxication |
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Definition
-Not having normal use of mental/physical faculties by inducing drugs/alcohol or both.
-Having an alcohol concentration of 0.08 or more.
- |
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Term
| PC. Sec. 49.11 Proof of mental state not required for conviction |
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Definition
| Not required for conviction of an offense under Chapter 49 – Intoxication |
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Term
| CCP. Art. 2.13 Duties of Peace Officer |
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Definition
-Preserve the peace within jurisdiction.
-Interfere without warrant to prevent/suppress crime.
-Execute ALL lawful process issued by magistrate/court.
-Notice magistrate offenses committed within jurisdiction.
-Arrest without warrant when authorized by law. |
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Term
| CCP. Art. 5.04 Duties/Power of Peace Officer in Family Violence |
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Definition
-Protect any potential victims
-enforce laws of state and protective orders
-make lawful arrest of violators
=Shall advise any potential adult victim of preventative measures, legal rights and pamphlets |
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Term
| CCP. Art. 5.045 Standby assistance Liability |
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Definition
Officer May;
-stay with family violence victim
-allow victim to take personal property from residence or a child in the care of the victim to a safe place
-Officer will not be civilly r criminally liable for acts by providing assistance to victim and any appropriation of personal property |
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Term
| CCP. Art. 5.05 What is a Peace Officer required to do in Family Violence? |
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Definition
Shall make a written report;
-names of suspect and compliant
-date, time, and location of incident
-any visible injuries or reported injuries
-description of incident and statement of disposition |
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Term
| CCP. Art. 14.03 Officers may arrest without warrant, if found in a suspicious places under what circumstances? |
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Definition
-Person is in a suspicious place under suspicious circumstances (felony, breach of peace, public intoxication, or about to commit an offense)
-PC of assault with BI and believes further BI will happen
-PC of violation of a protective order in his presence
-PC of family violence with BI
-PC to prevent or interfere with all of the above |
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Term
| CCP. Art. 59.03 Seizure of Contraband |
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Definition
-Under the authority of a search warrant.
-Without warrant IF:
* Owner/operator/agent in charge knowingly consent.
* Incident to a consented search by owner/operator/agent in charge.
* Incident to lawful arrest/search/search incident to arrest.
-Officer shall provide the attorney representing the State with a sworn statement contains a schedule of the property, acknowledgement and reasons for the seizure
-Within 72 hours, officer shall place property under seal, remove property to a place ordered by the court, OR have it moved to a proper location by an agency.
-Officer may not request/require a person, who asserts an interest in/right to the property, to waive that right/interest |
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Term
| TC. Sec. 541.002 Police Officer |
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Definition
| An officer authorized to direct traffic or arrest persons who violate traffic regulations. |
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Term
| TC. Sec. 545.156 Approached by Emergency Vehicle with Lights and Audible Sounds |
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Definition
•Yield the right of way.
•Immediately drive to a position parallel & as close as possible to the right hand edge or curb of the roadway clear of any intersection.
•Stop and remain standing until the emergency vehicle has passed. |
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Term
| TC. Sec. 545.412 Child Safety Seat |
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Definition
| If operating a vehicle, which transports: •Child < 8 y/o must be in child safety seat unless taller than 4’9”. •It is a defense if operator is in an emergency or law enforcement purpose. •Does not apply to operator: transporting passengers for hire; in vehicle that has all seat occupied (no more room for child safety seat). -Misdemenaor punishable by a fine not less than $25 and no more than $250 |
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Term
| TC. Sec. 545.404 Unattended Motor Vehicle |
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Definition
Operator may not leave vehicle unattended without:
-stop engine
-remove key from ignition
-setting park brake
-standing on a grade, turning front wheels toward curb or highway if on a hill
-does not apply to remote stat vehicles. |
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Term
| TC. Sec. 545.302 FIre Hydrant Parking |
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Definition
| No parking within 15 ft of a fire hydrant |
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Term
| TC. Sec. 545.424 License Driver under 18 |
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Definition
May not:
-use wireless commuincation device, unless in emergency.
-Drive after midnight and before 5am; unless work/school/medical related activities
-with no more than 1 passenger under the age 21 years old, who is not family |
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Term
| TC. Sec. 546.001 Permissible Conduct |
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Definition
Operator of an emergency vehicle may:
-drive pass stop signs, red lights, in whatever direction, after slowing for safe operation
-park wherever, whenever
-exceed maximum posted speed limit as long as not endangering life/property. City ordinance still applies. |
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Term
| PC. Sec. 9.04 When is threat of force justifiable? |
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Definition
| Threat to cause death or SBI by production of weapon or otherwise, long as actor's purpose is limited to creating apprehension that he will use deadly force, if necessary. |
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Term
| PC Sec. 9.31 Self Defense |
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Definition
-Self Defense – actor reasonably believes the force is immediately necessary to protect him/herself against another person’s use/attempted use of unlawful force (to enter to remove actor from habitation/vehicle/places of employment;
-to commit sexual assault/agg. Sex. Assault/Robbery/agg. Robbery/murder) |
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Term
| PC. Sec. 9.31 Is Force justified to verbal provocation alone |
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Definition
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Term
| PC. Sec. 9.32 Do you need to retreat before using force? |
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Definition
Retreat before using force/deadly force is not required if;
-actor has a right to be present at that location
-has not provoked the other person
-is not engaged in a criminal activity at that time |
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Term
| PC. Sec. 9.32 Is Deadly force justified to prevent sexual assault/kidnapping/criminal mischief at night? |
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Definition
| if the actor believes the deadly force was immediately necessary. |
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Term
| PC. Sec. 9.42 Protecting own property |
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Definition
•To prevent/stop arson, burglary, robbery, agg. robbery, theft during night, crim.misch. during night.
•To prevent/stop the perp from fleeing with the property (cannot be protected/recovered by any other means) after committing the above offenses.
•Anything less than deadly force to protect/recover property would expose actor to death or SBI. |
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Term
| PC. sec. 9.51 Use of Force for arrest and search |
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Definition
A. P.O. or acting in prescene of one and at his direction, is justified in using force against another when and to the degree the actor reasonably believes forces immediately necessary to make or assist in making an arrest or search, or to prevent or assist in preventing escape after arrest.
-if arrest is delayed, it will cause death or SBI to another. |
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Term
| PC. Sec. 9.61 Deadly force used by parents on kids for welfare |
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Definition
•Parents can use force, but NOT Deadly Force, on a child younger than 18 for welfare.
•Grandparents/Guardian can use force, but not deadly force, on a child. |
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Term
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Definition
| amount of effort required by police to compel compliance by unwilling subject. |
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Term
| BPOC 17.1.3 Tennessee v. Garner (1985) |
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Definition
| •Absent circumstances, such as exhibition of weapons or the commission of a violent felony, suggesting that the suspect is likely to pose a threat of death or injury if not immediately apprehended, the 4th Amendment prohibits seizure of the suspect by the use of deadly force. |
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Term
| FC. Sec. 51.01 Representation of Title 3 of Justice Code |
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Definition
| Purpose of the code is public safety, promote punishment for crimes, remove taint of criminality from children committing crimes, provide treatment and retaining for parent and child, provide for care and wholesome development, protect welfare of community, to do so in a family environment to provide Judaical procedures. |
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Term
| FC. Sec. 51.02 Definition of Child according to Title 3 |
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Definition
•Person who’s 10 years of age or older and under 17.
•17 years of age or older but under 18 who’s alleged or found to have engaged in delinquent conduct/conduct indicating a need for supervision as a result of acts committed before turning 17. |
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Term
| FC. 51.03 Definition of Delinquent Conduct |
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Definition
•Conduct, other than a traffic offense, that violates a penal law of this state, or U.S., punishable by imprisonment/confinement in jail.
•Conduct that violates a lawful order of a court under circumstances that would constitute contempt of that court.
-Conduct violates Sec. 49.04,05.06,07, and 08
-Violates 106.041 (ABC) (Driving under influence of alcohol by minor) |
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Term
| FC. Sec. 51.09 Who may waive a child's rights? |
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Definition
| •Voluntarily by the child and the attorney for the child |
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Term
| FC. Sec. 51.12 May Juveniles be detained in city jails around adults? |
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Definition
| They can be in the same building, but a child shall be separated by sight and sound from adults. |
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Term
| FC. 51.095 Who can be present when a child signs statement in present of magistrate? |
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Definition
-Just the Magistrate and the child in the his/her chamber
-Magistrate may request a bailiff or a law enforcement officer, if bailiff is not available. |
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Term
| BPOC 23.1.1 Three things to facilitate effective communication |
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Definition
-arranging
-positioning
-posturing |
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Term
| BPOC 23.1.1 Arranging Definition |
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Definition
| Elimination distraction; adding attractors (privacy, comfort, etc), which enhancing the environment to facilitate communication. |
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Term
| BPOC 23.1.1 Three skills for Positioning |
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Definition
•Distancing far enough to be safe, close enough to see/hear.
•Facing squarely.
•Looking directly at people to demonstrate confidence & attentiveness. |
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Term
| BPOC 23.2.1 Critical Thinking |
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Definition
| •The intellectually disciplined process of actively & skillfully conceptualizing, applying and analyzing information gathered from observation, experience, reflecting, reasoning or inspection as a guide to belief and action. |
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Term
| BPOC 23.2.2 Community Policing |
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Definition
| •Community Policing is a policing philosophy that promotes and supports organizational strategies to address the causes and reduce the fear of crime and social disorder through problem solving tactics and community partnership. |
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Term
| BPOC 23.2.6 S.A.R.A. Model Parts |
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Definition
-Scanning
-Analysis
-Response
-Assessment |
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Term
| BPOC 23.2.8 Three components of Crime Triangle |
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Definition
-Victim
-Offender
-Location |
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Term
| BPOC 15.1.2 What one factor of written communication factor evaluates competency of a Peace Officer? |
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Definition
| Written communication is one of the factors to evaluate competency of a peace officer |
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Term
| BPOC 15.3.2. Eight essential Criteria of Good Police Report |
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Definition
-Accuracy
-Legibility
-Conciseness
-Objectivity
-Completeness
-Grammatically Correct
-Clarity
-Spelling |
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Term
| BPOC 15.3.3 Common types of Police Reports |
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Definition
-Offense report
-Arrest report
-Incident report
-Supplement report |
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Term
| BPOC 15.3.4 Chronological Order definition |
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Definition
| Arrangement of information in order of occurrence. |
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Term
| BPOC 15.3.5 Three basic kinds of information necessary in a police report |
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Definition
-Identification of people involved, vehicles, etc
-Narrative description of the offense/incident
-Elements of the Offense or Probable Cause |
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Term
| BPOC 15.3.6 Should an Officer's opinion be included in a report? |
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Definition
| No, unless required. Anything other than facts, must be labeled as such to avoid confusion |
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Term
| BPOC 21.1.3 The State Emergency Response Under Texas Disaster Act |
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Definition
-Chapter 418 of the Government Code aka Texas Disaster Act 1975
-Division of Emergency Management in Governor's office, under the control DPS director
-All request for assistance must be channel to the Governor through the DPS |
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Term
| BPOC 21.1.3 What are the precise emergency communications? |
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Definition
-Broadcasts
-Urgent Situations
-Addressing
-Times
-Physical descriptions
-Standardized order of submission of information |
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Term
| BPOC 21 "R", "D", and "K" mean of phonetic police alphabet? |
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Definition
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Term
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Definition
| Court order that commands anyone having a person in custody or their control to produce the person at the time and place named in the write and to show why that person is being held or under restraint. |
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Term
| What is the most preferred method to serve citations? |
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Definition
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Term
| What is Small Claims Court? |
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Definition
| A court of limited jurisdiction. Can only hear and decide on cases that claim damages of up to $10,000.00 |
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Term
| The 4th Amendment means.... |
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Definition
| •No unreasonable search and seizure of a citizen’s person, house, paper, effects. Right to Due Process. Warrant shall be issued with probable cause. |
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Term
| The 5th Amendment means.... |
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Definition
| •The accused is entitled to a written notice of the charges against him. Freedom from 2nd prosecution for the same crime, freedom from being compelled to be a witness against himself, be processed through a system of justice |
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Term
| The 6th Amendment means... |
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Definition
| •The accused is entitled to speedy and public trial, impartial jury, knowledge of the accusation against him, confronted with the witnesses against him, obtaining witnesses in his favor, representation of an attorney in court. |
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Term
| The 8th Amendment means.... |
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Definition
| •No excessive bail, no excessive fine or unusual and cruel punishments. |
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Term
| The 14th Amendment means.... |
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Definition
| •U.S. Laws supersedes State laws. No state can deprive person of life/liberty/property without due process of law. |
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Term
| BPOC 1.1.1 Wellness Definition |
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Definition
| The condition of the human organism, which consists of its health and disease status and risk potential. Ranging from death to optimum well-being. |
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Term
| BPOC 1.1.3 The principles of exercise program |
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Definition
-Progressive overload
-Regularity and recovery
-Specificity
-Balance
-Safety |
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Term
| BPOC 1.1.4 "F.I.T.T." stands for.... |
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Definition
-Frequency
-Intensity
-Time
-Type |
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