CRIJ: 1310, Criminal Law: Review 1

Texas officers arrest approximately ___ million people a year.

1

The statute of limitations for indecency with a child is:

10 years from the victims 18th birthday.

the limitation of a misdemeanor is __ years.

2

Texas has ____ counties.

254

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

5 and 99

According to our text, there are __ separate criminal codes.

53

The ___ amendment to the U.S. constitution prohibits double jeopardy.

5th

Assume adam fires a pistol at Baker. The bullet misses Baker but strikes and kills Charlie, an innocent bystander. At the 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

texas state law defines a ___ as bodily movement, whether voluntary or involuntary and includes speech.

act

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.

the prosecution's burden of proof is ___

beyond a reasonable double

A criminal trial consists of two parts and is thus called a ___ trial.

bifurcated.

Corpus delicti is Latin and means:

body of the crime.

Assume Charles steals a car in Texas and drives it into Louisiana where he sells it to Remy. Charles theft violates both Texas and federal law. In this situation Charles can be successfully prosecuted by:

both Texas and the federal government because of the dual sovereign doctrine.

at common law, a __ required the act to occur in the nighttime

burglary

to determine issues of causation in the criminal law, texas utilizes the ___ test.

but for

Virtually any criminal offense that involves injury to a person, or damage, or destruction of private property can also serve as the basis for a ___ suit.

civil

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

constructive possession

The charging instrument in a misdemeanor case is signed by the:

county attorney/ assistant county attorney.

Appeals from a distinct court in a death penalty case are filed directly with the:

court of criminal appeals.

the eighth amendment prohibits

cruel and unusual punishment

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

culpable mental state.

Felony cases are tried in:

district courts.

The various components that make up a criminal offense are known as the ___ of the crime.

elements.

The corpus delicti rule means that:

evidence independent of a suspects confession must establish that a crime occurred before a person can be convicted of committing that crime.

the u.s. constitution specifically prohibits the enactment of which of the following types of laws?

ex post facto laws

T/f the level of proof needed to establish criminally negligent conduct is the same level of proof necessary to establish negligence in a civil suit.

false

T/f the use of discretion by the police when enforcing the criminal law is unconstitutional behavior.

false

t/f An in depth understanding of criminal law is particularly acute for a police officer and probation officer but not for a correctional officer.

false

t/f The most obvious element of a penal offense is the unlawful intent

false

t/f texas city ordinances may impose jail terms.

false

t/f 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

t/f under modern criminal law, the term mens rea is a synonym for intent.

false

t/f under texas law, a misdemeanor is punished only by a monetary fine.

false

t/f: Boot camps have diminished in recent years because of their cost.

false

t/f: Lawyers serve as the primary gatekeepers to the criminal justice system.

false

t/f: The U.S. supreme court has ruled that non-traditional sentences, such as requiring a convicted shoplifter to stand in front of a retail store and wear an "i am a theif" sign, are unlawful because they violate the constitutional ban against cruel and unusual punishment

false

t/f: The highest criminal appellate court in the Texas is the Texas supreme court.

false

t/f: an accused can be convicted solely on his own uncorroborated confession.

false

t/f: if jennifer mistakenly takes patricias book believing it to be her own, jennifer has committed the offense of theft.

false

t/f: the prosecution of violations of city ordinance is handled by the county attorney.

false

T/F: the common law is a body of legal rules that developed largely from enactments by the English Parliament.

false.

t/f: All states have a statute of limitations.

false.

t/f: In texas, the offender used a firearm or other deadly weapon, his eligible for a probated sentence.

false.

t/f: in texas, juries are instructed as to the particular definition of proof beyond a reasonable doubt.

false.

t/f: the texas attorney general possesses general prosecutorial authority.

false.

Under texas law, a felony is defined as any criminal offense:

for which death of incarceration in a state prison is the punishment

the notion that if individuals will suffer punishment for engaging in certain behavior, they will not engage in that behavior is the foundation of which of the following purposes of criminal law?

general deterrence

The first part of a criminal trial is called the ___ phase.

guilt/innocence.

The charging instrument returned by the grand jury is called an:

indictment

The charging instrument signed by the prosecutor is called an:

information

Offenses committed ___ are viewed as the most serious.

intentionally.

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

issue a true bill or indictment.

A class C misdemeanor case can be tried in a municipal court or a:

justice of the peace court.

The four levels of mens rea in Texas are intentionally, ___ recklessly, and with ___.

knowingly: criminal negligence

if an offender is aware that her conduct is reasonably certain to cause a result, she is said to have acted with the culpable mental state of:

knowledge

the notion that the government is the creator of criminal offenses is called the principle of:

legality.

In texas, and every other state, conduct can become a crime through the:

legislators

the texas legislature convenes in __ numbered years for a period of 140 days.

odd

Actual care, custody, control or management of an item is called ____.

possession.

A police officer needs ___ to file a charge against an individual.

probable cause.

___ focuses on the manner in which a criminal case is handled through arrest, seizure, confession, and the courtroom.

procedural criminal law

The level of proof necessary to convict someone of a fine only class C misdemeanor is:

proof beyond a reasonable doubt.

the ___ retain(s) the power to control the overall prosecutorial process.

prosecutor

an example of a victimless crime is:

prostitution

Which of the following offenses is traditionally viewed as constituting a breach of the peace?

public intoxication

the first objective of the texas penal code is to insure:

public safety

The second part of a criminal trial is called the ____ phase.

punishment.

_____ occurs when the individual is aware of a risk and consciously disregards it.

recklessness.

altering someone's behavior so he will function appropriately is society is

rehabilitation

Under Texas law the duty of the prosecutor is to:

see that justice is done.

___ seeks to deter identified individuals from future criminal acts.

specific deterrence

The concept of legal precendent wherein the stability of the law is viewed as more important than the correctness of the decision is known by the latin term:

stare decisis

In texas, criminal cases are filled as the __ vs adam smith

state

under the american justice system, the responsibility for dealing with everyday crime remains with the

state government

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

status crime.

the definitions of crimes and their penalties are called:

substantive criminal law

Formal criminal charges are normally initiated by a peace officer filing a:

sworn complaint.

Upon conviction in a Texas court, determining the sentence for the defendant is the responsibility of:

the judge or the jury at the defendant's option.

The legal term statute of limitations refers to:

the legal prohibition of a criminal prosecution after a predetermined time period.

The most common attendant circumstance which determines whether behavior is an offense, or determines the level of severity of the offense is:

the location of the offense.

T/F: A lesser included offense is a crime that contains some, but not all, of the elements of a more serious crime.

true

T/F: The government is considered the victim of all criminal acts.

true

t/f : Class A and Class B misdemeanor cases are prosecuted in county courts at law.

true

t/f In dallas, it is an offense to doze in an alley.

true

t/f all charging instruments in texas must contain the specific phrase "against the peace and dignity of the state"

true

t/f for texas to exercise jurisdiction over a crime, only a single element of the offense need occur within the state.

true

t/f murder and theft are examples of malum in se crimes.

true

t/f some criminal statutes contain more than one culpable mental state.

true

t/f the prosecution of felony cases is handled by the district attorney.

true

t/f: A hate crime is one wherein the offender is motivated by his bias or prejudice against particular groups.

true

t/f: A person may be held criminally responsible for the results of his conduct even if a crime other than the one originally intended was committed.

true

t/f: For a crime to occur, a concurrence in time must exist between the culpable mental state and the conduct elements.

true

t/f: the prohibition against double jeopardy derives from the 5th amendment to the U.S. Constitution.

true

t/f: the terms actus reus means guilty act.

true

t/f: wide variations exist across the state in implementing the criminal law.

true

t/f: with limited exceptions, motive is NOT an element of a criminal offense

true

T/F: A grand jury can indict an individual for a misdemeanor offense.

true.

T/F: a crime is any social harm defined and made punishable by law.

true.

t/f: Theft is a lesser included offense of robbery.

true.