Explain the rights that are given to an accused person in Texas ...

[Yolanda]

Explain the rights that are given to an accused person in Texas after the arrest is made and during the trial.
 
  . Explain the view that the defense mainly needs to cast enough doubt on the guilt of the individual to divide the jury for the defendant to go free.
  What will be an ideal response?

Question 2

As a citizen of Texas, explain how a citizen can participate in law enforcement and outline the responsibilities of officers in the police forces who are elected to their posts.
 
  List the parts of the police force that remain independent of community participation and their roles in law enforcement.
  What will be an ideal response?

Question 3

Explain why Texas currently has the highest execution rate in the United States and why the number of executions has been projected to decline in the future.
 
  What will be an ideal response?

[Heffejeff]

Answer to Question 1

Answer:
A. Rights for an accused person
1. Due process
a. rights guaranteed to individuals accused of committing criminal acts
b. include equal treatment and protection under the law
c. safeguards against cruel and unusual punishment
d. the right to trial by jury,
e. the right to a court-appointed attorney if the defendant cannot afford to pay an attorney
f. the right to face the persons who have made the accusation
2. Rights during trial
a. individuals accused of a felony have the right to have their case heard by a grand jury
1. nine members needed to issue indictment for the case to go on to trial
2. no-bill is issued if found no crime is committed or if accused is justified in its actions and criminal proceedings stop and case if dropped
b. right to an attorney
1. if individual cannot afford one the court appoints one
2. has ability to plea bargain which negotiates a settlement in a case for a lesser charge or less jail time
c. right to a trial by jury
1. accused can choose a bench trial to have case heard by a judge with no jury
2. prosecutor and defense interview jury through voir dire to ensure that none of the jurors is predisposed to making a decision until after all the evidence is heard
3. defense of the accused
a. defense has the opportunity to present its own version of the incident and to introduce witnesses and evidence that might indicate the defendant's innocence
b. defendants do not have to speak or testify before the jury
c. defendant can address the court in self-defense and the prosecutor then has a right to cross-examine
d. Fifth Amendment prevents the government from compelling a person to testify against him- or herself (this is known as self-incrimination)
e. cannot be outlawed or thrown out of the state
f. defense must only cast a reasonable doubt about the accused committing a crime
1. jury must be unanimous for guilty or not guilty verdict
a. if not guilty the accused cannot be tried again for the same crime under double jeopardy
b. if not unanimous then it is a hung jury and prosecutor can request a new trial with a new jury
c. jury decides sentencing
g. accused can be sued in civil court

Answer to Question 2

Answer:
A. Opportunities in law enforcement
1. to be eligible for a peace officer license candidates must complete an 800-hour basic police academy and must be physically and mentally fit
a. licensed officers to attend regular in-service training on topics of current interest,
2. State level
a. Department of Public Safety (DPS) Highway Patrol
1. ensures the safety of commercial vehicles (License and Weight)
2. tracks con artists who travel across the state (Bunco Division)
3. Texas Rangers: investigates major crimes and allegations of police misconduct; respected force of specially trained investigators
b. state law enforcement agencies
1. empowered to enforce all state and local laws and serve in specialized fields
3. county level
a. sheriff
1. elected to four-year terms
2. maintain a county jail and provide police service in the rural, nonincorporated areas of the county
b. constable
1. elected to four-year terms of office
2. empowered to provide police services
3. provide assistance and administrative support to the justices of the peace by serving subpoenas and other types of summons
4. one constable for each precinct in each county
5. assist the sheriff and local police by providing patrol services in high-crime areas
4. specialized police services for specific areas
a. colleges, universities, airports, public transportation systems
b. responsible for preventing crime and ensuring the safety of the citizens within their district and the surrounding area
c. empowered and obligated to take appropriate police action
d. narcotics task force
5. local level
a. municipal police
1. provide citizens with law enforcement services
2. mandated continuing education and training

Answer to Question 3

Answer:
A. Texas has highest execution rate in U.S.
1. increasingly difficult for Texas death row inmates to be granted clemency or stays of execution, even when evidence exists that may suggest their innocence
2. individualistic and traditionalistic political culture
a. makes prosecutors more likely to seek death penalty
b. makes juries more likely to give the death penalty
B. Execution rate is projected to decline
1. U.S. Supreme Court decisions
a. no one who was under 18 when the crime was committed can be executed.
b. cannot execute persons found to be mentally retarded, on the basis that it violates the Eighth Amendment's protection against cruel and unusual punishment
2. legislatively mandated sentencing options
a. empowered juries to sentence defendants to life without the possibility of parole

[Yolanda]

Correct answers!

[Heffejeff]

Great! Please up vote