Code of Criminal Procedure · Art. 1.05

Rights of Accused

Rights of Accused is covered under Art. 1.05 and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Procedure" on practice exams.

To prove this offense, the State must establish each of the following elements: Right to be informed of the accusation; Right to confront the witnesses against him; Compulsory process for obtaining witnesses; Speedy public trial by impartial jury.

Elements you must prove

  • Right to be informed of the accusation
  • Right to confront the witnesses against him
  • Compulsory process for obtaining witnesses
  • Speedy public trial by impartial jury

Practice 1 question on this topic

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Worked examples

Worked example 1

Under CCP art. 1.05, an accused has the right to:

  1. Demand a specific judge
  2. Be informed of the nature and cause of the accusation, demand confrontation of witnesses, have compulsory process for obtaining witnesses, and a speedy public trial by an impartial jury (statutory recital paralleling federal/state constitutions) Correct
  3. Choose the trial date
  4. Refuse all evidence
Why: Art. 1.05 codifies foundational rights: notice of accusation, confrontation, compulsory process, and speedy public trial by an impartial jury.
Statute: Tex. Code Crim. Proc. art. 1.05