CRIJ-1301 Exam 1

The Fourteenth Amendment

"no state shall deprive any person of life, liberty, or property, without due process of law." (provides for due process and and equal protection under the law)

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

the rule of legal precedent

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

crime involving moral turpitude.

An offense that imports an act of baseness, vileness, or depravity which is contrary to usual and accepted rights and duties of a citizen is called a(n):

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 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

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

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

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

False

The rule against hearsay prevents one perpetrator of a crime from testifying in court against his partner.

False

Under Texas law, corporations are exempt from being prosecuted for criminal homicides.

False

Under provisions of the Texas Penal Code, if a corporation is found guilty of committing a felony offense, the penalty assessed is a monetary fine and loss of its corporate charter.

False

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

False

True

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

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.

The Fifth Amendment

Grand jury indictment in felony cases, No double jeopardy, no compelled self incrimination.

The government receives the entire amount of the fine

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

True

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

district or county attorney

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

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

Information

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's testimony must be supplemented with other evidence against Jack

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

Justice Court

Substantive criminal law

Law defining acts that are criminal

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

Murder

True

Murder and theft are examples of malum in se crimes.

False

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

The Fourth Amendment

Prohibits unreasonable searches and seizures.

Carl asks Sam if he can borrow Sam's shotgun to go hunting. Sam 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

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

Texas Court of Criminal Appeals

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.

<i>ex post facto</i> laws

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

Fasle

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.

Due Process

The multiple criminal justice procedures and processes that must be followed before a person can be legally deprived of his or her life, liberty, or property.

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.

The Sixth Amendment

The right to counsel, the right to trial by an impartial jury, the right to public trial and to confront the opposing witnesses. etc.

The Second Amendment

The right to keep and bear arms

Procedural Criminal Law

The rules governing how the criminal law is administered.

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.

A criminal defendant cannot be convicted solely on the uncorroborated testimony of an accomplice.

True

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

True

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

True

Local governmental entities, such as cities, are subject to prosecution under the Texas Penal Code.

True

Mike's presence at a crime scene coupled with his 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

The Texas Supreme Court has no jurisdiction over criminal cases.

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

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 government prosecutor is responsible for moving the case forward.

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

English Common law

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

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

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

Parking Violation

Which of the following offenses is a form of malum prohibitum crime?

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

Lawrence v. Texas

a state crime in Texas for homosexuals to engage in certain sexual conduct

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

writ of certiorari

an order to the lower court to send the case forward for review.

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 starter. 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 a 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

Roe v. Wade

court held women's right to an abortion

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 thievery

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

issue a true bill indictment

Equal Protection

persons should be treated equally with respect due to the practice dealt by the law

The Eighth Amendment

prohibits the infliction of "cruel and unusual punishments"

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

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

Bill of Rights

the first 10 amendments in the U.S Constitution which guarantees fundamental individual rights

The First Amendment

the free exercise of religion or abridging the rights of free speech and peaceable assembly.

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

the prosecutor in the case

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