Government 3342: Quiz 2

Which of the following entities is subject to prosecution for violation of provisions of the Penal code?

All of the above are subject to prosecution. Social fraternity, a business partnership, a not-for-profit association

Robert, a Texas peace officer, arrest 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

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

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

"Vicarious liability" is the term used to describe a person who unknowingly commits an offense

False

A store clerk who sells a firearm to an individual who later uses the gun in a murder is equally responsible for the crime

False

The accomplice testimony rule permits the district attorney to compel one criminal defendant to testify against the other defendant

False

Under the law of parties, the acquittal of one co-defendant will result in the automatic acquittal of all other co-defendants

False

Jack and his girlfriend Jill are involved in dealing illegal drugs. The police arrest both. Jill's attorney strikes a deal with the district attorney and she agrees to testify against Jack. For Jill's testimony to be admissible in court against Jack:

Jill must agree to serve at least 30 days in jail

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

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

Justice Court

Carl asks Sam if he can borrow Sam's shotgun to go hunting. Same agrees to loan the weapon to Carl. The next day, however, instead of going hunting, Carl uses the shotgun to commit an armed robbery of a liquor store. As to Sam's criminal liability it is correct to say that:

Sam has no criminal responsibility because he did not intentionally assist Carl in committing the robbery

Suzy works at a jewelry store. Her boyfriend Cary convinces Suzy to assist him in burglarizing the store. When Suzy closes the store on Saturday evening, she purposefully fails to activate the alarm system. Early Sunday morning Cary breaks into the store and steals thousands of dollars' worth of diamonds. He immediately flees to Mexico, leaving Suzy behind. Investigation of the crime subsequently focuses on Suzy. Under Texas law, which of the following is correct about this situation?

Suzy can be convicted of burglary because she knowingly aided Cary in the commission of the crime

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

Texas Court of Criminal Appeals

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 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

Mike's presence at a crime scene coupled with is verbal encouragement of Jeremy to commit a crime is sufficient for Mike to be held criminally responsible for Jeremy's illegal conduct

True

Texas law abolishes the Common Law distinction between principals and accessories

True

Under Texas law, post-crime assistance to the perpetrator of a crime is treated as a standalone offense, not under the law of parties

True

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

a grand jury

Under Texas law, for a corporation to be criminally liable for a felony, the illegal conduct must have been authorized by:

a high managerial agent

Which of the following rules of evidence limit use against her partner of courtroom testimony by a co-principal in a crime?

accomplice testimony rule

Bob tells Ray that his new sports car is faster than the sedan Ray drives. Ray disagrees and challenges Bob to a drag race. Later that evening the two line up their automobiles on a stretch of rural state highway. A friend, Freddie, serves as the stater. Freddie waves a flag and the two drivers accelerate. Over the top of the next hill, Carl, not seeing the two vehicles, pulls his tractor out onto the highway. Bob and Ray crest the hill, see the tractor, and swerve their cars. Bob's car hits the tractor and then overturns. Ray is unharmed but both Bob and Carl are killed. Subsequently, the district attorney charges Ray with manslaughter (causing death through recklessness) in the deaths of Bob and Carl. Ray may:

be convicted of manslaughter under the law of parties even though Bob's conduct caused the deaths

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

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 filin

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

district attorney

Rob encourages his six-year-old brother Ned to steal items from a grocery store and give them to Rob. Ned does as requested, stealing $25 worth of groceries. As to Rob's criminal responsibility:

he is criminally responsible for Ned's theivery

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

information

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

issue a true bill indictment

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

murder

Th 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

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

Jack robs a convenience store. He flees the scene and goes to his twin brother Mack's home. Jack tells Mack that he has robbed a store and needs to hide out for a few days. Mack agrees for Jack to stay at his house. Three days later, police officers arrive. Jack escapes out the back window but the officers arrest Mack. Mack may rightfully be convicted of:

some appropriate offense related to providing post-crime assistance to Jack

Mary's husband Frank earns his living as a burglar. When Frank comes home with his loot, Mary often assists him in obliterating serial numbers on merchandise and removing other identifying marks, such as owner's names and initials. One day the police appear and arrest both Frank and Mary. Under Texas law, Frank will be prosecuted for the various burglaries while Mary will be prosecuted for:

tampering with evidence because her assistance to Frank occurred after the crimes were committed

The legal rule that holds that a conviction cannot be based solely on the uncorroborated testimony of an accomplice is known as:

the accomplice testimony rule

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

the prosecutor in the case

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

the statute of limitations

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

An element of the offense that must be established in every crime case where a corporation is the defendant is that the illegal conduct:

was performed on behalf of the corporation