Texas
Chapter 25
Dumb Laws
• When two trains meet each other at a
railroad crossing, each shall come to a full
stop and neither shall proceed until the other
has gone.
• It is illegal to take more than three sips of
beer at a time while standing.
• You can be legally married by publicly
introducing a person as your wife/husband
three times
Dumb Laws
• It is illegal to milk another person’s cow.
• A recently passed anticrime law requires
criminals to give their victims 24-hour
notice orally or in writing, and to explain
the nature of the crime to be committed.
• Austin--wire cutters cannot be carried in
your pocket.
Dumb Laws
• Abilene--it is illegal to idle or loiter
anyplace within the corporate city limits of
the city for the purpose of flirting.
• Houston--Beer may not be purchased after
midnight on a Sunday, but it may be
purchased on Monday.
• Mesquite--it is illegal for children to have
unusual haircuts.
Courts and the Federal System
• America’s judicial structure is divided into
a national court system for each of the
states. Most legal disputes are solved.
• Federal criminal cases--are confined to
those matters that have some direct or
indirect connection with federal activity.
Courts
• Federal civil cases--are limited to such
matters as bankruptcy petitions, customs,
tax disputes, patents, and certain cases
involving parties from different states and at
least $50,000.
• In practice most legal disputes are settled
through the process of negotiation and
compromise (quicker and less expensive).
Municipal Courts
• These courts are often labeled “traffic
courts” because most of their
responsibilities relate to the prosecution of
offenders driving motor vehicles. They have
no civil jurisdiction (no lawsuits are
conducted).
• All cases are criminal and involve Class C
Misdemeanors (maximum $500 fine).
Municipal Courts
• Also deals with violations of city
ordinances with fines up to $2000.
• Under 1989 statute, cities may derive up to
30% of their budgets from “unhappy
motorist”
Justice of the Peace Courts
• Frequently perform marriages, certify
deaths, and do other general duties.
• Each J.P. is elected to a four-year term, and
his/her duties vary depending on the
population of the county
• JPs do not have to be attorneys--but must
have special training classes
Justice of the Peace Courts
• JP courts have both criminal and civil
jurisdiction.
• JP courts act as Small Claims Courts with
disputes of under $5,000.
Courts
• Most criminal cases are resolved through a
“plea bargain.”
• Some of the most important judicial
decisions are not mad at the original trial
but on appeal (losing party taking the case
to a higher court).
Texas Court System
• Each of the state’s 254 counties has a
constitutional county court, which has both
criminal and civil jurisdiction.
• District Courts--are the basic trial courts in
the the state of Texas. They hear felony
cases and have jurisdiction in civil matters
involving $200 or more. Civil matters make
up more than two-thirds of the caseload of
the district court.
Texas Courts of Appeal
• The Texas Court of Criminal Appeals and
the Texas Supreme Court comprise the
state’s appellate court system.
• Texas has 14 courts of appeal, each serving
a specific geographic area called a Court of
Appeals District. The courts of appeals hear
both civil and criminal cases.
Texas Courts of Appeal
Courts of Appeal
• .
Judges
• The length of term, method of selection,
salary, and qualification of Texas judges
vary from court to court. Their terms in
office range from two to six years.
• Their profile is similar to the profile of the
legislative and executive officeholders.
Texas Judges
• Texas is one of forty-seven states that elects
judges on a partisan ballot.
• Despite the formality of an election system, about
half of the state’s district and appellate judges first
reach the bench through appointment.
• The Texas Constitution empowers the governor to
staff newly created courts and to fill vacancies.
Reform
Judges Leaving the Bench
• Judges leave the bench for a variety of
reasons.
– Death
– defeat
– removed for incompetence or unethical reasons
– impeachment
Actions of Judges
• Do Texas judges practice judicial activism
or judicial restraint?
Crime Statistics
• Texas leads the nation in prison building--
need to get tough on criminals to curb the
rising crime rate.
• Critics argue that the state’s prison building
is ineffective and inefficient.
• In 1994, the average American had one
chance in nineteen of being a victim of a
serious crime--one in fourteen in Texas.
OVERALL CRIME RATE
1600000
1400000
1200000
1000000
NUMBER
800000 Number
600000
400000
200000
0
1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001
YEAR
VIOLENT CRIME RATE
160000
140000
120000
100000
NUMBER
80000 VCR
60000
40000
20000
0
1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001
YEAR
VIOLENT CRIMES/1000
900
800
700
600
500
NUMBER
VCR/1000
400
300
200
100
0
1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001
YEAR
Crime Statistics
• The crime rate is dropping nationwide and
in Texas. Why?
• If the crime rate is falling, why don’t we
feel safe?
Reasons
• The incidence of violent crime hasn’t fallen
as much as the incidence of property crime.
• Violent crime is becoming more random.
• The media focus on violent crimes. (DIANE
MUTZ)
VIOLENT CRIME/PROPERTY CRIME
900
800
700
600
PER 100,000
500
VIOLENT
PROPERTY (X10)
400
300
200
100
0
1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001
YEAR
Crime in Rural vs.Urban Areas
• Low-income persons are more likely to be
victims of violent crimes.
• Middle and upper-class are more likely to
be victims of property crime.
• Young people are more frequently
victimized than older persons.
Crime
• Except in the case of rape, men are more
likely to be crime victims than women.
• Offenses occur more often against racial
and ethnic minorities than non-Hispanic
whites
Criminal Prosecution Process
• Begins with the arrest (can be based on
probable cause).
• Booked at the police station
• If charges are filed, suspects are brought
before the judge for arraignment, at which
time a plea is entered (guilty, not guilty, no
contest).
• Bail is set--money posted to guarantee
appearance in court.
Process
• The Texas Constitution requires a grand-
jury indictment in all felony cases.
• The U.S. Supreme Court has ruled that
criminal defendants are constitutionally
entitled to be represented by an attorney
regardless of their financial status (may lack
time, resources, motivation).
Process
• Accused has the right to a trial by jury (6-
misdemeanor, 12-felony)
• Few trials run the gamut of the court
system--abandoned or plea bargained.
• Under Texas law, possible sentences vary,
depending on the severity of the crime.
Texas law permits the judge or jury to grant
probation or deferred adjudication.
Grand Jury
• District Judge appoints a jury commission
(3-5 citizens)
• The jury commission prepares a list of
prospective Grand Jurors.
• The Judge then narrows the list down to
twelve and appoints a foreman.
Capital Punishment
Capital Punishment
• Since 1976, 861 individuals have been executed in
the United States.
• Texas leads the way with 306--followed by
Virginia (88) and Missouri (60).
• Currently in Texas 454 individuals are on death
row (446M+8FM).
• Critics still argue that it is discriminatory.
• Automatic appeal with the death penalty.
Capital Punishment
• Murder Rate per 100,000
• Number of Executions
• Correlation = +.170
Juvenile Justice
• Though the overall crime rate has been
falling--the rates for the young are climbing.
• Juveniles as young as 14 may be charged as
adults.
• Cases tried in juvenile court can be heard
under the family law code, which is a civil
law code rather than criminal code.
Corrections
• 1972--Ruiz v. Estella
• While the state struggled to deal with Ruiz
v. Estella, poor planning be the legislature
and government made the problems of
overcrowding worse.
• The Legislature passed dozens of anti-crime
bill, upgrading the seriousness of certain
offenses and increasing prison time--failed
to expand prison space.
Prison Release
• Parole (1/4 of sentences)
• In Texas 48% of inmates released from state
prisons are rearrested for a serious crime
within three years of their release.
3-YEAR RECIDIVISM RATES-SEX OFFENDERS
60%
50%
40%
PERCENT
30%
20%
10%
0%
All Offenders Sex Ass ault SA w/child Indecency
TYPE
3-YEAR RATE FOR JUVENILES
55
54
53
52
PERCENT
51
PERCENT
50
49
48
47
46
1992 1993 1994 1995 1996 1997 1998
YEAR