Criminal Law Ch 1, 2, 3

Which of the following is an element that must be proven in every criminal offense?

conduct

The term actus reus is related to conduct as the term mens rea is related to:

culpable mental state

When a Texas peace officer is permitted to file formal criminal charges with the court without prior approval of the prosecutor, this is known as:

direct filing

The 8th Amendment to the U.S. Constitution prohibits punishment for a crime that is:

disproportionate to the crime committed.

The Texas official responsible for the prosecution of felony cases is the:

district attorney

Dexter is arrested and charged with robbery, a felony. If Dexter goes to trial on the case, the trial will be conducted in the:

district court

In the Texas justice system, responsibility for the prosecution of a criminal case lies with the:

district or county attorney

Ignorance of the existence of a law is NOT a legal defense for violating the law:

ever

The U.S. Constitution specifically prohibits the enactment of:

ex post facto

A group of anti-abortion protesters lie down in front of a medical clinic where abortions are rumored to be performed. Their action blocks patients' ability to enter the clinic. The protesters are violating no criminal statute because their conduct is protected by the First Amendment to the Constitution.

false

Anti-Arab motivation is the most common reason for the commission of bias crimes in Texas.

false

Every Texan over the age of 21 may lawfully carry a handgun for self-protection so long as the handgun is concealed.

false

For a crime to be categorized as a breach of the peace, sufficient noise must be created that would disturb the reasonable person under same or similar circumstances.

false

If a criminal charge is filed after the statute of limitations for the offense has lapsed, the suspect has the automatic right to a probated sentence if he is convicted.

false

If a particular criminal law lacks the support of the bulk of the population, the courts will generally ignore the law.

false

Murder is a lesser included offense of manslaughter.

false

No crime may be prosecuted without the consent of the human victim of the illegal conduct.

false

Texas law uses the "when and where" test of causation in criminal prosecutions.

false

The Texas statute of limitations restricts felony trials to no longer than 14 business days in length.

false

The culpable mental state known as criminal negligence is identical to the standard used for proving negligence in a civil lawsuit.

false

The doctrine of transferred intent is used by courts to determine whether an accused is eligible for probation after conviction.

false

The extent of Texas' criminal jurisdiction into the Gulf of Mexico is limited by federal law to three miles from the mean high tide line.

false

The primary historical foundation of Texas criminal law is the Code Napoléon used in 19th century Spain.

false

The primary purpose of the Texas Penal Code is to punish individuals who violate the statutes contained in the code.

false

The prohibition against double jeopardy prevents an offender from being prosecuted by both the federal and state governments for criminal conduct arising from the same factual situation.

false

The prosecution of felony cases is handled by the county attorney in the county where the crime occurred.

false

To celebrate New Year's Day, at the stroke of midnight Rafael goes outside and fires his pistol into the air four times. He has committed no crime so long as he is standing on his own property when he discharges the firearm.

false

Under Texas law, any knife with a blade over six inches long is considered to be a prohibited weapon.

false

Under modern criminal law, the term "mens rea" is a synonym for "intent."

false

In classifying crimes, an offense which potentially requires incarceration in a penitentiary is known as a:

felony

The charging instrument in a misdemeanor court case is called an:

information

Which of the following is NOT a stated purpose of the Texas Penal Code? Select the exception.

insuring public safety by incarcerating violent offenders

If an offender is aware of but consciously disregards a substantial and unjustifiable risk that a result will occur, the offender has acted with the culpable mental state of:

recklessness

An offense which punishes the individual for being something rather than doing something is known as a:

status offense

Sheila is convicted of capital murder and sentenced to death. Her case will automatically be reviewed by the:

texas court of criminal appeals

For conduct to be considered a crime, a penalty must be affixed.

true

Simply because a person has been arrested does not mean he or she will be prosecuted in court.

true

Which of the following factors is a required component of a criminal prosecution?

The government prosecutor is responsible for moving the case forward.

If, upon conviction, a criminal defendant is ordered to pay a monetary fine, what is the disposition of that fine?

The government receives the entire amount of the fine.

For Texas to exercise jurisdiction over a crime, only a single element of the offense need occur with the state.

True

Murder and theft are examples of malum in se crimes.

True

One stated objective of the Texas Penal Code is to insure the public safety through the rehabilitation of offenders.

True

The unwritten Common Law crimes have been statutorily abolished in Texas.

True

The use of enhanced punishments for repeat offenders is based on the specific deterrence theory of criminal law.

True

Federal criminal statutes are located in Title 18 of the:

US code

Lawful conduct may become unlawful conduct simply because of:

all of the above depending on the specifics of the statute

The federal statute that makes state law applicable on federal lands in circumstances where the act or omission has not been declared a federal crime is known as the:

assimilative crimes act

The minimum term of imprisonment for a felony conviction in Texas is:

180 days

In addition to a possible fine, the penalty for commission of a first degree felony in Texas is incarceration in the state prison for a term of years between:

5 and 99

Assume Adam purposefully fires a pistol at Baker. The bullet misses Baker but strikes and kills Charlie, an innocent bystander. At his trial for murdering Charlie, Adam argues that he is not guilty because he did not intend to shoot Charlie; he was trying to kill Baker. Which of the following is the most likely outcome of this situation?

Adam will be found guilty of murdering Charlie due to application of the doctrine of transferred intent.

Robert, a Texas peace officer, arrests Janet for public intoxication. Robert becomes angry at Janet when she vomits in the rear of his patrol vehicle. Without any legal justification Robert strikes Janet three times with his baton. He then takes her to jail. After being released from jail, Janet files a complaint with the local prosecutor regarding Robert's unjustified use of the baton. She also files a complaint with the Federal Bureau of Investigation. After several investigations Robert is terminated from his job as a police officer. Both state and federal authorities desire to prosecute him for his assaultive conduct on Janet. Which of the following statements is accurate regarding this situation?

Because of the dual sovereign doctrine, Robert may be prosecuted by both federal and Texas authorities without violating the Constitutional prohibition against double jeopardy.

Criminal laws enacted by Texas municipalities are known as:

City Ordinaces

Which of the following historical legal systems most strongly influenced American criminal law?

English Common Law

Texas asserts jurisdiction over any crime committed against a resident of Texas no matter where in the United States the crime occurred.

False

George learns that Randy has been secretly having sexual relations with his wife Kate. George grabs his pistol, gets in his car, and drives to Randy's house intending to shoot Randy. Randy, who is sitting on his front porch, sees George exit his car with pistol in hand. Fearing the worst, Randy jumps off the porch in an effort to escape. However, Randy hits the ground awkwardly and breaks his ankle. Meanwhile, George, seeing Randy writhing in pain, changes his mind and returns home. In this instance:

George is not criminally responsible for Randy's injury because an intervening cause (jumping from the porch), not George's conduct, produced the injury.

John is tried for murdering his wife Marsha. A jury finds him not guilty. A year later police uncover new evidence that conclusively establishes John's guilt. Which of the following is a correct statement about this case?

John may not be retried for the murder of Marsha because of the Constitutional prohibition against double jeopardy.

A special form of conspiracy statute found in federal law is known by the acronym RICO. The letters RICO stand for:

Racketeer Influenced Corrupt Organizations.

Joe is angry about the political disorder both at home and overseas. He believes that Muslims are the cause of the world's troubles. While walking past the local Muslim mosque he sees an individual exiting the front door. Joe picks up a stone and throws it at the individual, striking him in the forehead. A passerby observes the incident and calls the police. Joe is arrested and charged with assault. Upon conviction at trial, the prosecutor seeks to enhance Joe's punishment by establishing that the assault was a hate crime based on Joe's hatred of Muslims. However, the evidence established that the victim was actually not a Muslim but a Hispanic male who had been hired by the mosque leaders to repair the plumbing. What effect will the fact that Joe's intended victim was not a Muslim have upon the court's view of the act as a hate crime?

The mistake in identity has no effect on determining whether or not Joe's actions constituted a hate crime.

The legal instrument known as an indictment may be issued only by:

a grand jury

Suppose John, a previously convicted felon, assaults his neighbor Juanita, a recent immigrant from Honduras, by threatening to cut her with a razor. Upon conviction for aggravated assault, the sentence John receives could be increased beyond the statutory norm if the court determines:

all of the above are possible reasons for his sentence to be increased.

Many public disorder offenses are crimes only because the conduct occurs in a public place. Which of the following meets the definition of a "public place"?

all of the above are public places

Under the Texas Penal Code, a person who fails to act under particular circumstances commits a criminal offense only if:

an existing law required him to act under those circumstances

Assume the City of El Paso enacts a curfew ordinance declaring it unlawful for an unaccompanied minor to remain in a public place after 11:00 P.M. The three elements of the offense that limit its application to minors, in public places, after 11:00 P.M. are examples of:

attendant circumstances

In order to prove that an offender's conduct is a hate or bias crime, in addition to the normal elements of the offense, the prosecution must also prove the accused's:

bias or prejudice against one of the statutorily specified groups.

In Texas, the penalty category with the most serious punishment is called a:

capital felony

When an individual has dominion over an object without the item being in his or her actual presence, this is known in the law as:

constructive possession

Which of the following criminal offenses is specifically mentioned in the U.S. Constitution?

counterfitting

Walt is convicted of manufacture of methamphetamine, a felony. He and his attorney believe Walt did not receive a fair trial. It would be appropriate for Walt to seek judicial review of his trial by the Texas:

court of appeals

For a Texas criminal statute to apply to an individual's conduct, the conduct MUST have:

either A or B

Under Texas law, defenses take a variety of forms. A type of defense that the prosecutor must disprove in establishing the elements of the crime is known as an:

exception

"Transferred intent" is a necessary element of proof in every criminal homicide prosecution.

false

A criminal defendant whose conviction has been overturned on appeal may not be retried for the same offense because to do so would violate the Constitutional prohibition against double jeopardy.

false

A group of individuals are protesting police brutality. They lock arms and form a human chain across the vehicular entrance to the police station. Their action forces police cars to use the back entrance to the police compound. The protesters are NOT committing an offense because the police officers can still access the police facilities by using the rear entrance.

false

A truck drives through a residential neighborhood at 10 pm. The truck has a loudspeaker and a recording is blaring a two-for-one special for a local pizza delivery service. Several residents call the police and complain about the noise. A police officer would correctly tell the residents that nothing can be done because the announcement is protected by the First Amendment.

false

An affirmative defense in a criminal trial arises when the prosecutor affirms the facts as presented by the defendant.

false

An interrogatory is the name of the formal charging instrument used in misdemeanor trials.

false

An omission to act is a crime only if a reasonable person under same or similar circumstance would have acted.

false

In Texas counties using the automated filing system, felony criminal charges bypass the grand jury and are filed by the victim directly with a judge.

false

In Texas, a person has the right to be indicted by a grand jury prior to being prosecuted for a misdemeanor offense that could result in incarceration.

false

The "but for" test is used by Texas courts to determine whether a convicted criminal defendant will receive the death penalty or life without parole.

false

The 8th Amendment requires the states to formally adopt a set of sentencing goals and then adhere to those goals when imposing criminal sentences.

false

Joe purposely sets fire to Bill's house. The wind shifts and the fire spreads to Becky's home, destroying it. As to the destruction of Becky's house, Joe:

is criminally responsible because of the doctrine of transferred intent.

Before a felony case can proceed to trial, the grand jury must:

issue a true bill incictment

All Class C misdemeanor offenses that occur outside the limits of a city are prosecuted in:

justice court

If an offender is aware that her conduct is reasonably certain to cause a result, the offender has acted with the culpable mental state of:

knowledge

For which of the following offenses is there no statute of limitations under Texas law?

murder

A Texas criminal statute can apply to conduct that occurred in another state or foreign country:

never(WRONG)

Which of the following is one of the six traditional factors that are contained within all crimes?

penalty

The flow of criminal cases through the Texas court system is largely controlled by the:

prosecutor

The type and level of formal charge to file against a criminal suspect is solely the decision of the:

prosecutor

A soldier who kills an enemy soldier during time of war is immune from being convicted of murder because of the:

public duty defense

Texas law declares certain offenses to be bias crimes if they are committed for statutorily specified reasons. In such cases, the penalty may be enhanced. Which of the following is a reason for commission of a crime which, if proven, could enhance the defendant's punishment?

sexual preference of the victim

The legal rule that requires a criminal prosecution be initiated within a specific time after commission of the offense is known as:

statue of limitations

Assume Charles is arrested while breaking into the local jewelry store. The arresting officer books him into jail on a charge of burglary. Upon reviewing the case, the assistant district attorney decides to file formal charges of attempted burglary instead of burglary. Ultimately, the actual charge for which Charles is prosecuted in court will be determined by:

the charge listed in the grand jury's indictment

The most common attendant circumstance that determines whether behavior is an offense is:

the location of the offense

In asserting the defense of self-defense, which of the following is a key element in establishing the lawfulness of the use of force?

the person defending themselves was attempting to repel the other party's unlawful use of force

The charging instrument used to prosecute misdemeanor offenses must be signed by:

the prosecutor in the case

An important concept in American criminal law is the principle of stare decisis. A synonym for the principle of stare decisis is:

the rule of legal precedent

Ralph is fired from his job as a teller at the local bank. A few nights later he burglarizes the bank and escapes with over $50,000. Police are baffled at the crime and have no leads as to the identity of the culprit. Over six years after the crime, Ralph's now ex-wife contacts the police and identifies Ralph as the burglar. Latent fingerprints originally found at the crime scene are matched to Ralph's fingerprints. However, the state cannot prosecute Ralph for the burglary because:

the statute of limitations for burglary is five years and Ralph was not identified until over six years had passed since the crime was committed.

Which of the following is a stated purpose of the Texas Penal Code?

to guide and limit the exercise of official discretion by law enforcement

Joe and Steve are stuck in rush-hour traffic. A gap in traffic appears in the adjacent lane. At the same time both Joe and Steve steer their vehicles in the direction of the gap. Joe must brake suddenly to keep from hitting Steve's vehicle. Angry at Steve's quick lane change, Joe makes an obscene sign with his finger. Steve, a police detective driving an unmarked police vehicle, flashes his badge in return and directs Joe to pull his vehicle off the roadway. Steve would act correctly if he:

took no enforcement action because Joe's symbolic speech does not constitute an offense under this factual situation.

"Concurrence" is the legal term used to describe the necessary time-based linkage of the mens rea and the actus reus of a crime.

true

A criminal defendant convicted of a Class A misdemeanor could receive a longer sentence of incarceration than she would have received if convicted of a state jail felony.

true

A hate crime is one wherein the offender is motivated by his or her bias or prejudice against a particular group.

true

All federal criminal statutes must be related to a power of Congress specified in the U.S. Constitution.

true

American criminal law punishes only voluntary conduct.

true

An accused is criminally responsible if the harmful result would not have occurred but for his conduct.

true

An accused may be held criminally responsible even if his victim's resultant injuries are more serious than the accused intended.

true

Behavior may or may not constitute a crime depending solely on the location where it occurs.

true

Either an indictment or an information may be used as the formal charging instrument in a misdemeanor prosecution.

true

For a crime to occur, a time-based connection must exist between the conduct element and the culpable mental state.

true

If certain Texas offenses are committed by an offender due to the offender's prejudice against the religion of the victim, the penalty may be enhanced.

true

In Texas, a person has the right to be indicted by a grand jury prior to being prosecuted for a felony offense.

true

In Texas, all crimes are created and defined by some level of governmental entity.

true

In Texas, the time calculation for the statute of limitations begins the date of the commission of the offense.

true

In cases where the statute fails to mention a culpable mental state, unless the definition of the offense plainly dispenses with a culpable mental state, proof of at least recklessness must be established in order to convict the accused.

true

Lesser included offenses are crimes that contain some but not all of the elements of a more serious crime.

true

Roger approaches Melody who is standing a street corner where prostitutes are known to gather. Roger offers Melody $50 to engage in sexual intercourse. Melody agrees and tells Roger to meet her in room 37 of the motel around the corner. When Roger arrives at the motel room, he is arrested by vice officers. He learns that Melody is an undercover police officer. Roger has violated the prostitution statute because he solicited Melody in a public place.

true

Some conduct may constitute a crime only when it occurs at a particular time of day.

true

Texas law does not explicitly state the amount of evidence a grand jury needs to issue a felony indictment.

true

The County Court is the only level of Texas court that may serve as either a trial court or an appellate court depending on the nature of the case.

true

The Texas Supreme Court has no jurisdiction over criminal cases.

true

The U.S. Supreme Court has ruled that the Constitutional prohibition against double jeopardy also bars multiple punishments for the same offense.

true

The highest criminal appellate court in the state is the Texas Court of Criminal Appeals.

true

The lesser included offense rule allows a defendant to be convicted of the offense established by the courtroom evidence, not just the offense charged.

true

The most common form of conduct subject to criminal liability is an affirmative act by the offender.

true

The prohibition against double jeopardy derives from the Fifth Amendment to the U.S. Constitution.

true

The term "no bill" means that a grand jury has refused to issue an indictment in a particular case.

true

The use of discretion by the police when enforcing the criminal law is legally permissible.

true

The various forms of County Court hold jurisdiction over Class A and Class B misdemeanor trials.

true

Under Texas law, a person convicted of a Class A or Class B misdemeanor may be sentenced to either jail time or a monetary fine or both penalties.

true

Whether charges must be approved by the prosecutor's office prior to being formally filed varies from county to county.

true

With limited exceptions, motive—the "why" a crime occurs—is NOT an element of a criminal offense that needs to be proven.

true

Roger is late for work. As he approaches an intersection in his car he observes that the traffic signal is red. Not seeing any other cars, Roger decides to proceed through the intersection without stopping. As he enters the intersection, Terry, riding a motorcycle, comes over the hill into the intersection and strikes the side of Roger's automobile. Terry is thrown from the motorcycle and seriously injured. Under these facts it would be accurate to say that Roger:

was acting recklessly when he ran the red signal

After six years, Roscoe is finally graduating from college. In celebration he invites 20 of his friends to a party being held at his apartment. As the party continues into the nighttime hours, neighbors call Roscoe to complain. He simply replies, "Loosen up. My days in college are over and I will be gone tomorrow." About midnight, several neighbors call the police and complain about the noise. A police officer responds to the scene and asks Roscoe to calm down the sound. Roscoe agrees but 30 minutes later several neighbors call the police again. The same police officer returns to the apartment complex and determines he can hear the party from inside his patrol car while parked on the city street. At this point the officer:

would be legally justified to cite the partiers for disorderly conduct.