Criminal Justice - Dickerson
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 Texas law, which of the following commits the offense of bribery?
All of the above commit the offense of bribery.
A "black eye" meets the definition of "serious bodily injury" in the Texas Penal Code.
False
A biological parent of a child is excluded by statute from persons who can be prosecuted for interference with child custody.
False
All criminal homicides are intentional acts.
False
All homicides are criminal acts.
False
An "individual" must be born and alive before he or she falls within the scope of coverage of the Texas criminal homicide statutes.
False
Because of the manner in which the statute is worded, sexual intercourse with a corpse is considered sexual assault in Texas.
False
For the crime of stalking to occur, the threatening conduct must occur on more than three occasions within a six month period.
False
In crimes against property, the term "sacrilege" refers to the domestic buildings that surround and support a residence.
False
Markings that constitute political, social, or religious expression are protected by the First Amendment and may not be prosecuted as a criminal offense.
False
So long as "reasonable precautions" are taken, no crime occurs if a property owner uses fire or explosives to destroy any building on his own land.
False
The Texas statutory definition of "bodily injury" includes "substantial or extensive pain or suffering."
False
The age of consent in Texas for engaging in sexual intercourse is 16 for males and 17 for females.
False
The crime of murder under the Texas Penal Code is committed only if the accused intentionally causes the death of another individual.
False
Under Texas law, no arson occurs if an individual sets fire to a building in a city and has written permission of the building owner and the landowners on either side of the structure.
False
Under Texas law, the kidnapping of a pregnant female constitutes two counts of the offense.
False
Whether or not a verbal utterance is considered a threat within the Texas law of assault depends solely upon the reaction of the victim.
False
Gene develops a scheme to gain money from vending machines. Each time he passes a vending machine, Gene stuffs a tissue out of sight up the coin return tube. Once a day he returns to each of the machines and removes the hidden tissue. A day's worth of returned change then falls into his hands. He collects about $30 per day from his vending machine route. So far the little scheme has produced $255. Which of the following is an accurate statement concerning this situation?
Gene has committed burglary of a coin-operated machine because he has entered the machines with intent to obtain property, i.e., the change.
Police receive a complaint from a downtown merchant that a street corner preacher on the sidewalk in front of his business is driving away customers. When officers arrive they find Reverend Joel, with his Bible in one hand, preaching aloud to no one in particular. Occasionally a passerby will stop and listen to him for a few moments. The police officer tells Joel that a complaint about the preaching has been received. Joel responds that he has a constitutional right of free speech and the free exercise of religion. Which of the following is a correct statement about this situation?
Joel may face disorderly conduct charges if his preaching continues and his voice exceeds 85 decibels.
John is a member of a radical pro-life organization. He believes that virtually any means should be used to stop the performing of abortions. One evening police apprehend him as he is using a paint brush to write "Stop the baby killers" on the side of a community medical clinic where abortions are performed. Which of the following statements is correct regarding this incident?
John has committed criminal mischief because he intentionally damaged another's property without their consent.
Lupe is returning from the grocery store. She is carrying her groceries in one arm and her purse over the other arm. Wayland approaches her from behind and shoves her down. As Lupe hits the pavement, she drops the groceries and her purse. Wayland scoops up the purse and flees. Lupe suffers bruises and bumps but is otherwise unharmed. Wayland's conduct constitutes a robbery. But, he has committed aggravated robbery if:
Lupe is over 65 years of age.
Jennifer works as a prostitute. One evening Ross engages her services. The two go to Ross's hotel room. Ross pays Jennifer $50 and the two engage in sexual intercourse. After the act Ross falls asleep. While he is sleeping, Jennifer removes the remaining $200 from his wallet and departs. Ross awakes a few minutes later, notices Jennifer's absence and checks his wallet. Upon discovering that his cash is gone Ross exclaims, "I've been robbed." Which of the following is an accurate statement about this incident?
No robbery has occurred.
Which of the following incidents constitutes robbery under the Texas Penal Code?
None of the above is a robbery.
Matt stops his car at a red light. Suddenly from out of the bushes Rodney appears. He opens the car's passenger side door and points a pistol at Matt. Matt, not wishing to learn Rodney's intentions, opens his door and jumps from the car. Rodney slides over to the driver's seat and drives away. Two hours later Rodney abandons the car when it runs out of fuel. Which of the following is an accurate statement regarding this incident.
Rodney's conduct could be considered aggravated robbery if his retention of the car for two hours fits the definition of theft.
Twenty individuals have established a picket line on the plaza in front of city hall protesting a recent raise in water rates. The individuals are carrying signs reading "Water is a basic right" and "We're being hosed." They are also chanting "Down with the rate hike!" Persons coming to city hall must pass by the picket line in order to enter the building. The police are called to the scene. The police supervisor tells the protestors to go home. They ignore his order. Which of the following is an accurate statement regarding this situation?
The protestors are NOT committing criminal trespass because they are merely exercising their First Amendment right to peacefully protest on public property.
Bruce enters the local bank and approaches the teller. Without saying a word he hands the teller a note. The note reads "Give me all of the hundreds." The teller responds by handing Bruce twenty $100 bills. Bruce departs without saying a word. Police respond to the silent alarm and Bruce is apprehended about an hour later. At Bruce's trial, which of the following evidence would assist in establishing that his conduct constituted a robbery?
The teller testifying that she was fearful that Bruce would harm her if she did not give him the money.
Bill and Ted, two 17-year-olds, are driving about on Halloween night. For entertainment they decide to play a game of "mailbox baseball." As Bill drives the car down a rural road, Ted swings a baseball bat at the mailboxes. Ted goes four for five in his efforts to hit the boxes. The ones he does strike are damaged beyond repair. A resident hears the commotion and is able to record the vehicle license number. She calls the sheriff who ultimately identifies Bill and Ted as the ones responsible for the destroyed mailboxes. Which of the following statements is correct regarding this incident?
The value of the damaged mailboxes can be aggregated to determine the level of punishment for Bill and Ted.
Forced labor and forced prostitution of immigrants from other countries is known as human trafficking.
True
One who tampers with property does NOT commit a criminal offense unless some actual harm— pecuniary loss or substantial inconvenience—occurs.
True
Under Texas law, a vehicle such as a camping trailer qualifies as a "habitation" since it is adapted for overnight accommodation of persons.
True
Under Texas law, any firearm, regardless of whether it is loaded or not, is considered to be a "deadly weapon."
True
Under Texas law, if a deadly weapon is used in the course of a kidnapping, the offense elevates to aggravated kidnapping.
True
Under Texas law, the offense of unlawful restraint criminalizes the nonforcible taking of children without parental permission.
True
Which of the following is a prohibited weapon under Texas law?
a firearm silencer
Bob and Ray, two 60-year olds, are drinking whiskey in a bar. They are discussing college football and which school has the best team. The discussion becomes heated. Finally, in a moment of range, Bob strikes Ray in the face with a beer bottle. Ray falls to the floor, his cheek bone shattered. The most serious offense Bob has committed is:
aggravated assault.
Phillip is upset about the amount of his water bill. He goes to city hall to complain. At city hall Phillip encounters Janet the mayor. The encounter turns heated. Phillip takes a hunting knife from his coat pocket, forces Jane to go into her office, and announces he will hold her there until water rates are reduced. Phillip and Janet remain barricaded in the office for 12 hours until the police hostage negotiator convinces him to surrender. Of the following, the most serious offense Phillip has committed is:
aggravated kidnapping.
Robert, a previously convicted child molester, lures Suzy, a seven-year-old girl, into his car. He drives down the highway heading for a secluded location intending to have sex with Suzy. However, a friend of Suzy's wrote down Robert's license plate number and called the police. Police officers stop Robert's car and arrest him before he has had a chance to harm Suzy. The most serious offense that Robert has committed is:
aggravated kidnapping.
Roger, in need of cash to fund his drug habit, decides to rob the Kwik-E-Mart. He enters the store and points a pistol at Jane the store clerk. He demands all of the cash. At that moment Roger observes a police car drive up in front of the store. Realizing his situation, Roger orders Jane to go into the women's restroom and stay there or he will kill her. Jane does as directed. Roger then goes behind the counter. A police officer enters the store and obtains a cup of coffee. Roger poses as the store clerk until the officer pays for the coffee and departs. When the officer is out of sight, Roger empties the cash register and flees. After a few minutes Jane exits the restroom and calls the police. In addition to aggravated robbery, the most serious offense Roger has committed is:
aggravated kidnapping.
Late one night Neal is awakened by a noise. He looks out his bedroom window and observes someone removing tools from the bed of his pickup truck. Neal retrieves his pistol and goes outside. He sneaks up on the would-be thief and says, "Move and you're a dead man." The individual, James, turns about and sees the pistol pointed at him. He immediately grabs for the pistol and a struggle ensues. James disarms Neal. For a moment he points the gun at Neal but then throws it as far away as possible and flees with Neal's toolbox under his arm. Neal decides to call 9-1-1 instead of giving chase. Neal tells the responding officer, "For a moment I thought I was going to be the dead man." The most serious offense James has committed is:
aggravated robbery because he exhibited a deadly weapon during the commission of a robbery.
Rita is a single mother. One night Kyle, a neighbor, breaks into Rita's apartment intending to engage in sexual intercourse with her. Quietly he picks up Rita's sleeping infant and carries the child into Rita's bedroom. Kyle awakens Rita and tells her if she does not engage in sexual intercourse with him, he will harm the child. Fearful for herself and the child, Rita agrees to have sex with Kyle. Before Kyle departs he tells Rita not to tell anyone about the incident or he will come back and harm the child. After Kyle leaves the apartment, Rita calls the police. The most serious offense Kyle has committed is:
aggravated sexual assault.
Bill is an employee of the International Widget Works (IWW). Bill and his coworkers have gone on strike against IWW because the company has not signed a new labor contract. Contract negotiations have gone on for six months without the company and the union coming to an agreement. Bill decides to show IWW that the workers mean business. Late one night he places a pipe bomb outside the IWW headquarters with the goal of blowing out the front windows. The bomb explodes with a big bang. Surprisingly, absolutely no damage is done to the building. An investigation leads the police to Bill. Bill has committed;
arson.
Brittney is unhappy with the used car she purchased. She has had a series of mechanical problems with the vehicle. The used car dealer from whom she purchased the vehicle has refused to pay for any of the repairs. In frustration, Brittney drives the vehicle to the dealer's lot, douses the interior with gasoline, and sets the car afire. She walks away with a smile of satisfaction on her face. The most serious offense Brittney has committed is:
arson.
Following a pick-up basketball game between high school students, Rod approaches Kevin and accuses him of dirty play. Kevin tells Rod, "You're just a no talent sore loser." Rod responds by shoving Kevin to the ground. Kevin is not hurt. Rod has committed:
assault by contact.
Sara learns that her husband Ben is romantically involved with Sara's sister. Angry at Ben and the sister Sara confronts the two. The more Ben tries to explain his side of the story, the angrier Sara becomes. Finally, Sara throws a table lamp at Ben. The lamp strikes Ben in the head and knocks him unconscious. Ben awakens 30 seconds later but with a cut on his scalp. Sara has committed:
assault with bodily injury.
Al goes to the local grocery store intending to rob it. He approaches the store office with pistol drawn. When he reaches the office, he discovers no one is there. He quickly opens the unlocked door, enters the office and steals payroll checks that are lying on the manager's desk. He leaves without being seen. What is the most serious offense Al has committed?
burglary
George goes to Bill's house late one night intending to steal Bill's gold coin collection. Unknown to George, Bill has purchased a Doberman Pincer dog. As soon as George sticks his head through the house's window, the Doberman attacks and bites George's nose. George shakes the dog loose and flees. The most serious offense George has committed is:
burglary
John enters a department store fifteen minutes prior to closing time. When no one is watching, John hides among the rack of women's coats. He stays there until the store closes and the employees depart for the evening. About midnight, John grabs three men's suits and an expensive pair of shoes. However, before he can break out of the store with the merchandise he is spied by a security officer who places him under arrest. The most serious offense(s) John has committed is:
burglary because he remained concealed in the store with intent to commit theft.
Roger leaves his pickup truck parked outside his office. In the bed of the truck is a box containing his new flat screen television, which he purchased for $975. When Roger returns to the truck an hour later, the television set is missing. He notifies the police and an alert patrol officer observes Larry walking down the street carrying a television. The officer stops Larry and subsequently determines that the television is the one from Roger's truck. A co-worker of Roger later identifies Larry as the individual he saw taking the television from the truck bed. The most serious offense Larry has committed is:
burglary of vehicles.
John, impersonating a police officer, goes to Martha's home and falsely advises Martha that he has a search warrant. Martha allows John into the house. John then seizes Martha. He knocks her to the floor and attempts to sexually assault her. Martha is able to elude John's efforts and escapes unharmed. The most serious offense John has committed is:
burglary.
Sheila offers $5,000 to Seth if Seth will kill Vern, Sheila's husband. Seth agrees to the deal. The following evening as Vern is crossing the street, Seth runs over Vern with his automobile. Vern dies that night at the hospital. Sheila collects Vern's $1,000,000 life insurance policy. She uses part of the proceeds to pay Seth his fee. Under Texas law, the most serious offense Sheila has committed is:
capital murder because she employed Seth to kill Vern.
Rocco is serving a 20-year sentence in the state prison. He decides to try to escape. He fashions an improvised weapon from a scrap of metal and hides it in his boot. The next day while working on a lawn crew at the warden's home, Rocco makes a run for it. The correctional officer gives chase. Rudy, a passing citizen, notices the incident and joins the chase. Rudy tackles Rocco. In the ensuing scuffle Rocco pulls out the improvised weapon and stabs Rudy three times. A few seconds later the correctional officer subdues Rocco and returns him to custody. Rudy dies of the wounds. Under Texas law, the most serious offense Rocco has committed is:
capital murder.
Rob works for the college's trash collection service. One day he finds in the trash a copy of Shondra's credit card statement. That evening, using the credit card number from the statement, he orders $600 worth of video games from an online seller. Rob has the games sent to his cousin Tom, who resides in another state. The most serious offense Rob has committed is:
credit card abuse.
Tom is angry that he received a failing grade in his criminal law class. The failing grade causes him to be suspended from school. Out of revenge he lets the air out of the tires on the university president's car. The president comes out to find his vehicle with four flat tires. The flats cause him to miss an off campus fundraising speech he was scheduled to give. Tom has committed:
criminal mischief because he caused the president substantial inconvenience.
Joanne is hosting a New Year's Eve party at home for 300 of her closest friends. The caterer employs Charles to work as a waiter at the party. Unknown to the caterer, Charles is Joanne's former live-in boyfriend whom Joanne threw out of the house a month earlier. At the time, Joanne told Charles, "Get out and stay out. I never want to see you again!" At the party, Charles dresses in a disguise so Joanne will not recognize him. While the party is going on, Charles decides to embarrass Joanne. Every time he observes an unattended purse, he takes the contents out and places the contents under Joanne's bed. The next day many of Joanne's friends telephone her, angry at the prank. After much searching, Joanne finds the friends' property and manages to get everyone and her respective property reunited. Charles has committed:
criminal trespass because he entered the home using deception.
One winter night, Dick, a homeless person, climbs through the open window of a closed business in order to get out of the cold. He is discovered the next morning asleep on the floor of the storage room. Dick has committed:
criminal trespass.
Red and Fred are working a construction job for BTB Construction Company. One day as the two are pouring a concrete foundation, the forms collapse. Red and Fred are buried under tons of concrete. It takes several days to recover their bodies. Subsequent investigation reveals that the company did not follow appropriate safety and construction standards in building the foundation. Under Texas law, the most serious offense BTB has committed is:
criminally negligent homicide.
Jose learns that Guido, a member of a rival urban gang, has been harassing Jose's girlfriend Yolanda. Jose grabs his assault rifle and drives over to Guido's house. As he drives by Guido's home, Jose fires a burst of shots into the house. Fortunately, neither Guido nor any of his family is at home at the time. The most serious offense Jose has committed is:
deadly conduct.
Don and Larry are having a beer in Vic's Bar and Grill. The two get into a disagreement and Don pushes Larry. Larry responds by punching Don in the nose. A full-blown fight erupts. In the course of the fight they break several tables and chairs, valued at $600. The police arrive as the fight is ending. Neither Don nor Larry wishes to press charges against the other. However, the police officer would be correct in charging the two with:
disorderly conduct.
Paco has been out drinking beer with his friends. While en route home he feels the need to urinate. He stops his car on a residential side street. He exits the vehicle and walks to the curb side of the car. While urinating against the right front tire, another vehicle comes down the street. Its headlamps shine directly on Paco. Paco has committed:
disorderly conduct.
Dale breaks into a closed garage. Inside he discovers an enclosed trailer. Dale opens the trailer door and discovers it contains candy vending machines. Dale uses a screwdriver to pry open several of the candy machines. He takes the dollar bills from the machines, leaving behind the change. Dale has committed:
each of the above
Last night Chuck was arrested for disorderly conduct. Today he and six other individuals are being taken to court for their initial appearances. Since all are facing minor misdemeanor charges they are not handcuffed. As a deputy sheriff escorts the group through the courthouse hallway toward the courtroom, Chuck bends over to tie his shoe. When he rises up again, the remainder of the group has disappeared around the corner of the hallway. Chuck uses the opportunity to pull a disappearing act of his own and walks out of the courthouse. Four hours later deputies show up at his door and arrest him. In addition to the original disorderly conduct charge, Chuck has committed:
escape.
Harry breaks into the local pharmacy where he steals a variety of controlled substances. In an effort to cover up his burglary, Harry sets fire to building. Harry has committed:
felony arson.
Late one night a deputy sheriff catches Bubba and Rudy stealing Javier's cattle. When apprehended the two had successfully loaded three calves into a trailer. Three more calves are awaiting loading. The fair market value of the calves is $100 each. The most serious offense Bubba and Rudy have committed is:
felony theft.
Michael is working as a clerk at the computer store. Since school is about to start, Michael decides he needs a new laptop computer to assist him with his studies. The best laptop in the store retails for $3,200. Michael can buy it with his employee discount for $2,900. However, Michael cannot afford to purchase the computer even with the discount. Instead, Michael pays cash for a cheaper $1,100 computer using his employee discount. That evening as he is leaving work Michael swaps the $3,200 computer with the $1,100 computer. He goes home with the $3,200 computer inside the $1,100 computer's box. His actions are soon uncovered when the store conducts inventory. The most serious offense Michael has committed is:
felony theft.
Penny is walking through the mall parking lot when she observes a checkbook lying on the ground. Penny picks up the checkbook, examines it, and places it in her purse. She then enters the mall to do her Christmas shopping. At the jewelry store, Penny purchases a pair of $700 diamond earrings. She withdraws the found checkbook and writes a check for the purchase price. She signs the name of the person whose name is imprinted on the checks. The clerk, who is quite busy due to the Christmas shoppers, asks, "Is everything on the front of the check correct?" Penny laughs and responds, "As far as I know." Penny departs with the earrings. After the bank rejects paying the check, a review of the store surveillance tape results in the identification of Penny. The most serious offense Penny has committed is:
forgery because Penny signed a name to the check for which she was not authorized.
Julianne is called as a witness in the divorce trial of her neighbor Meg. Julianne has first-hand knowledge of the manner in which Meg's husband Ben treats their children. Julianne is sworn in by the court bailiff. During cross-examination by Ben's attorney, Julianne is asked if she dislikes Ben. Indeed she greatly dislikes the man but responds that she does not dislike Ben but does think he is a poor father. Julianne has committed aggravated perjury:
if her false testimony could affect the outcome of the trial.
Walter, a previously convicted child molester, is standing in front of the local elementary school wearing only a raincoat. He is nude underneath the coat. When a female child walks by him Walter opens his coat and exposes his genitals to the child. A teacher notices Walter and being suspicious of him contacts the police. The most serious offense Walter has committed is:
indecency with a child.
Abraham and Hannah have been married for eight years. They have one child, Aaron, who is seven. Because of Abraham's abusive conduct toward her and Aaron, Hannah sues Abraham for divorce. While the divorce is pending, Abraham is served with a copy of a court order granting Hannah temporary exclusive custody of Aaron. Angered by the court order, Abraham goes to Aaron's school and checks him out, the principal being unaware of the court order. Abraham flees to Louisiana with Aaron. Six months later Abraham and Aaron return to Texas to visit Abraham's mother. Hannah sees the two driving down the street and calls the sheriff's department. The most serious offense Abraham has committed is:
interference with child custody.
Carrie and Janet are returning home in Carrie's car from a night out with the girls. Carrie, Janet, and several of their friends have spent the evening "bar hopping." Due to her intoxicated condition, Carrie fails to realize that she is driving the wrong way down the street. About three blocks down the street she collides head-on with a delivery truck. The driver of the truck emerges from the collision uninjured. However, Janet, who was not wearing her seatbelt, is thrown through the car windshield and strikes the pavement. She suffers several broken bones and a brain concussion. Luckily, Janet fully recovers within six months. A blood test reveals Carrie to have a blood alcohol concentration of 0.22. The most serious offense Carrie has committed is:
intoxication assault.
Ron is riding his motorcycle home from a fraternity party where he consumed a large amount of beer. Due to his intoxicated condition Ron fails to stop at a stop sign. As he drives into the intersection an automobile driven by Mary also enters the intersection. Mary is startled to see Ron's motorcycle. She slams on the brakes and swerves to miss him. Mary's vehicle misses Ron but runs headlong into a telephone pole. The collision kills Mary. Subsequent tests reveal Ron to have a blood alcohol concentration of 0.13. Under Texas law, the most serious offense Ron has committed is:
intoxication manslaughter because his intoxicated operation of a motor vehicle caused Mary to hit the telephone pole and be killed.
College final exams are approaching. Eric and Mandy decide to have an end of semester party. They go to the liquor store and Eric buys two large kegs of beer. He gives the clerk a check drawn on his local bank account. However, Eric closed the account two days earlier. The two invite all their friends to their apartment and have a great time. Several days later the liquor store deposits Eric's check. The bank subsequently returns the check to the store marked "Account Closed." Eric has committed:
issuance of bad check.
One evening Carl, a 25-year-old street thug, forcibly enters Louise's home. Louise is a 75-year-old female. Carl demands money from Louise. She tells him she has none. Carl asks if she has an ATM card. Fearful of Carl, Louise admits she has such a card. Carl tells Louise, "Go with me to the ATM or you won't live long enough to see the sunrise." Louise and Carl depart to the nearest ATM. Louise uses her card to withdraw $500, which she gives to Carl. Carl departs without otherwise harming Louise. In addition to likely burglary and robbery charges, the most serious offense Carl has also committed is:
kidnapping.
John is driving his sports car at 90 miles an hour in a 45 mile per hour speed zone. The roadway is a windy and hilly rural two-lane road. The sports car tops a hill just as a farmer pulling a wagon with a tractor is crossing the road just beyond the crest of the hill. John is unable to avoid the tractor and crashes into it. The farmer is killed instantly as is a farmhand who is riding on the trailer. Under Texas law, the most serious offense John has committed is:
manslaughter because operating the automobile at such a high speed under those road conditions constitutes reckless behavior. manslaughter because operating the automobile at such a high speed under those road conditions constitutes reckless behavior.
Doug is feuding with his neighbor Charles. Late one night, Doug pours sugar into the gas tank of Charles's pick-up truck. The next morning when Charles tries to drive to work, the truck sputters to a stop about a mile from home. The vehicle is towed to a mechanic who discovers that the gasoline is contaminated with sugar. Repairs to the truck cost Charles over $1,000. Doug has committed:
misdemeanor criminal mischief because of the cost of the repairs.
Cain and Abel get into an argument. Cain strikes Abel in the head with a wooden board. Abel is knocked unconscious and languishes into a coma. Two years after his injury, Abel dies. The medical examiner determines that the blow to the head was the cause of death. Under Texas law, Cain has committed:
murder because he caused Abel's death.
Sam and Janet are married. Their marriage has not been a happy one. Late one Saturday night, while both are intoxicated, an argument breaks out. During the argument Janet grabs a butcher knife from the kitchen and stabs Sam in the stomach. Sam collapses to the floor dead. Janet says, "I'm so sorry, Sam. I only meant to scare you, not kill you." Under Texas law, Janet has committed:
murder because she intended to cause serious bodily injury and death resulted.
One January day, Rob kidnaps Suzy, a 12-year-old girl, intending to sexually assault her. He binds and gags her and hides her in an abandoned barn. He leaves her there overnight. Upon his return the next day, Rob discovers that Suzy has frozen to death due to the bitter weather. Under Texas law, Rob has committed:
murder under the felony murder rule.
Brad comes home early from work. He discovers his wife Patricia in bed having sex with Ted, the pizza delivery boy. Enraged, Brad takes a pistol from the nightstand drawer and chases Ted down the street, shooting at him. The third shot hits Ted in the back. He dies immediately. Under Texas law, Brad has committed:
murder, felony of the second degree, because Brad was under the immediate influence of sudden passion from adequate cause when he killed Ted.
Carlos has lost his job and his wife has left him. He is despondent and angry at the world. After drinking a bottle of tequila, Carlos obtains a rifle and goes to the local shopping mall. He begins shooting randomly at the shoppers. After ten shots he runs out of ammunition and is subdued by a security guard. Several persons have been injured by his gunshots but only one, a 50-year-old woman, dies from the wounds. Under Texas law, Carlos has committed:
murder.
John and Marsha have been married for five years. Their marriage has been a stormy one. One night while intoxicated, John tells Marsha, "If you ever try to divorce me, you'll be very, very sorry!" The comment makes Marsha fearful of her future safety. John has committed:
no offense as yet because John's statement does not threaten imminent bodily injury.
Jay is suffering from a toothache. He goes to see Dr. Mark, the local dentist. Mark examines Jay and tells him that the tooth needs to be extracted. Jay asks if the procedure will hurt. Mark replies, "Not much. I will give you something to help block the pain." Mark injects Jay's gums with a deadening agent and then proceeds with the tooth extraction. Despite Mark's assurances, Jay finds the procedure very painful; so painful that upon leaving the dentist office, Jay goes to the local police station and demands that Dr. Mark be arrested. Dr. Mark has committed;
no offense because Jay consented to the medical procedure.
Ronny is running late for his class at the university. In an effort to make up lost time, he is driving his pickup truck in excess of the speed limit. His high speed attracts the attention of a highway patrol trooper who gives chase. Seeing the trooper's lights flashing behind him, Ronny pulls to the side of the road. The trooper approaches Ronny and immediately notices a rifle hanging in the cab on a rack behind Ronny's head. The trooper asks if the weapon is loaded. Ronny answers truthfully that the weapon is unloaded. Ronny has committed;
no offense because possession of a rifle is lawful under these circumstances.
Cameron observes a campus police officer writing a parking ticket for a car that is illegally parked. Even though it is not Cameron's car, he believes the officer should not issue the ticket because the no parking sign is hidden in a bush. Anyone parking their car would be highly unlikely to see the sign. Cameron says to the officer, "That's an unfair bunch of crap. No way this guy could have seen the no parking sign. The university is just a money-grubbing organization that does not give a damn about students." The officer is not amused or enlightened by Cameron's comments and tells him to back off. Cameron says, "Back off yourself." Cameron has committed:
no offense.
At a local nightclub, Bill, a 25-year-old male, introduces himself to Mona, a naive 17-year-old female. (Mona has a phony i.d. showing her age as 22 years old.) Over the course of several hours they each consume numerous shots of tequila. Bill pays for all of the drinks. One thing leads to another and the pair end up in bed at Bill's apartment. Although both drunk, they manage to engage in sexual intercourse. Later the next morning, Mona awakes and says, "Who are you and why am I in this bed?" She dresses and dashes to the local police station. She tells the police that she has been sexually assaulted. Following a thorough investigation in which the above facts are determined, the police would be legally justified in charging Bill with:
none of the above because Mona consented to the sex act.
Sylvester is on his way to South Texas to go bird hunting. Being short of cash for the trip he stops at the local bank. Since the door latch on his pickup truck is broken, Sylvester decides not to leave his shotgun in his truck. Sylvester walks into the bank carrying the shotgun under his arm. The bank teller is surprised when she looks up and sees Sylvester waiting in line with the shotgun. His conduct attracts the attention of an off-duty police officer who is working an extra job at the bank. Sylvester is violating the:
none of the above because the shotgun is a lawful weapon and Sylvester is not intending to upset or alarm others.
A state trooper stops Phillip for speeding. Phillip, who works bussing tables in a restaurant, tells the trooper untruthfully that he is a college criminal justice major. The trooper says, "In that case, I won't give you a ticket. I wouldn't want to ruin your future as a police officer. Go on and be careful." Phillip has committed:
none of the above.
Around midnight, Jack and Roderick are standing on the street corner. They are in an area of town known for street drug sales. As a police car rounds the corner, Jack and Roderick began to walk briskly away from the corner. The police car follows Roderick who then breaks into a run. Suspecting Roderick has been engaged in some criminal activity, a police officer jumps from the car and chases Roderick down. He forcibly detains Roderick and asks Roderick his name and to produce identification. Roderick responds by saying and doing nothing. Up to this point Roderick has committed:
none of the above.
Jillian is a pro-environment activist. She and several colleagues are protesting the cutting down of trees along the city's main boulevard. In staging their protest, Jillian and friends have sat down in the middle of the street and have refused to get up. Police officers at the scene announce that the group is under arrest because they are blocking traffic. At this point the protestors lock arms to make it more difficult for the police officers to take them into custody. Jillian and friends are committing:
none of the above.
Late one night Roy steals Gene's champion quarter horse. He leaves a note in the stall telling Gene that the horse will be returned unharmed after Gene deposits $500,000 in Roy's off-shore bank account. If Gene does not pay the ransom, the horse will be killed. The next morning Gene discovers the note and fearing for the horse's well-being, he pays the ransom. Roy releases the horse on a country road where it is later found by Gene. The most serious offense Roy has committed is:
none of the above.
Ralph, who lives on a 300-acre ranch, decides to cut down a grove of trees and remove the stumps so that the land can be used for cattle grazing. Ralph saws down the trees and then uses dynamite to assist in removing the tree stumps. He blows up about a dozen stumps. Ralph has committed:
none of the above.
Walter is the elderly father of Jennifer. Walter, who resides with Jennifer, suffers from senile dementia. One day he wanders away from the house. Jennifer discovers his absence and launches a search. She discovers him at the neighborhood park. When confronted by Jennifer, Walter refuses to leave the park. Ultimately, Jennifer grasps Walter and forces him into her automobile and drives him home. The most serious offense Jennifer has committed is:
none of the above.
Jillian is a pro-environment activist. She and several colleagues are protesting the cutting down of trees along the city's main boulevard. In staging their protest, Jillian and friends have set down in the middle of the street and have refused to get up. Police officers at the scene announce that the group is under arrest. The most appropriate charge to file against Jillian and her friends would be:
obstructing a public passageway.
Matt, the town marshal, files a sworn affidavit to obtain a search warrant to search Chester's home for drugs. In the affidavit Matt states that an informant told him that illegal drugs are in the house. The affidavit also states that the informant has provided accurate information in three previous drug cases. In fact, Matt made up the informant and Matt is simply working on a hunch that Chester has drugs. Because of his knowing false statement, Matt has committed:
perjury.
Bob and Ray are former business partners. The partnership broke up when Bob accused Ray of cheating him. A few weeks later Bob encounters Ray in the lobby of a hotel. An argument and scuffle ensues between the two. They wrestle on the floor for a few seconds before friends break up the melee. Nonetheless, the scuffle succeeded in smashing a lamp belonging to the hotel. As to the broken lamp Bob and Ray have committed:
reckless damage or destruction.
Trooper Tommy arrests Rocco for driving while intoxicated. Rocco is handcuffed and placed in the back seat of the trooper's vehicle. Trooper Tommy drives to the county jail. At the jail, Rocco, who to this point has been cooperative, changes his attitude. He becomes belligerent and uncooperative. When Tommy tries to remove Rocco from the patrol car, Rocco begins kicking at Tommy and scooting to the far side of the car. Rocco then slides forward and locks his legs around Tommy and will not let go. Trooper Tommy resolves the matter by squirting Rocco with pepper spray. Rocco becomes cooperative. In addition to other possible charges, Rocco has committed:
resisting transportation.
Ricardo enters a liquor store one cold winter evening. He approaches the clerk and says, "This is a stick-up. Give me all of your money or you're a dead man!" Ricardo has his hand in his right coat pocket and is using his finger to simulate a gun barrel. The clerk, believing Ricardo to be holding a pistol, says, "Don't shoot. I'm afraid to die. Here's the money." He hands Ricardo $575. Ricardo departs. The most serious offense Ricardo has committed is:
robbery because he threatened the clerk with death in order to obtain the money.
Walter is looking at magazines in the local book store. He notices another customer, Jake, slip a book under his shirt. Jake's behavior was also noticed by a store employee. As the store employee approaches, Jake begins to run for the door. Walter steps in front of the door to prevent Jake's escape. Jake is not deterred and shoves Walter aside. As Jake sprints out the door with the book Walter falls to the floor, striking his head on a book rack. He suffers a nasty cut on the back of his head. The most serious offense Jake has committed is:
robbery.
New Year's Eve a police officer observes Chuck walking down the middle of the street alone. Chuck is carrying a beer in his hand and is having difficulty walking in a straight line. The officer approaches Chuck and says, "Why are you walking down the middle of the street?" Chuck responds, "Because I am too drunk to drive." In this situation the officer is legally authorized to:
take Chuck into custody and then release him to a responsible adult.
Robert is a drug dealer. One evening he hears the front door of his trailer house swing open and someone shout, "Police! Search warrant." Robert grabs several bags of cocaine from the top of a table. He rushes to the bathroom and tosses the bags in the toilet bowl. He flushes the toilet just as a police officer enters the bathroom. Unfortunately for Robert, the police had already disconnected the sewer line from the trailer and the bags of cocaine spill out onto the ground. In addition to drug charges, Robert has committed:
tampering with or fabricating physical evidence.
Paul earns his living by stealing other people's property. Recently he has been stealing unattended purses and computers in the university library. One evening while in the library he notices a purse sitting on a table. He begins examining the contents of the purse when a voice shouts "Hey you!" Paul turns and sees a campus police officer approaching. Paul drops the purse and immediately starts to flee as the police officer gives chase. The officer catches up with Paul and a struggle ensues. In an effort to escape Paul punches the officer in the face. The officer responds by squirting Paul with pepper spray. At that point Paul surrenders. Paul is brought to trial on a charge of robbery. Paul's lawyer should argue that no robbery was committed because:
the assault of the officer was not an effort to maintain control over the stolen purse.
Jorge is apprehended by police officers as he is tagging several highway signs with spray paint. Jorge was painting his gang's symbols on the signs to show the extent of the gang's territorial claims. Jorge has committed a violation of:
the graffiti statute.
Roscoe operates Ajax Roofing Repair, a company that goes into neighborhoods after hail storms and seeks to obtain jobs repairing roofs. He uses second-rate materials and charges very high prices for the work. After one particular storm, Roscoe approaches Hazel, a 68-year-old widow who lives alone. Roscoe offers Hazel a free inspection of her roof. The roof has suffered only minor damage but Roscoe tells Hazel that it has suffered serious hail damage. Fearful that her roof will leak, Hazel signs a contract with Ajax to repair the roof. She agrees to pay $2,800, an amount that is more than double what most roofers would charge. Roscoe's crew makes the minor repairs to the roof and collects the $2,800. When Hazel's son learns of the roof repair, he calls the police. Roscoe has committed:
theft because he deceived Hazel about the condition of the roof.
Kevin and Hillary go out to eat to celebrate their first wedding anniversary. They go to the most expensive restaurant in town and order the most expensive items on the menu. When the waiter brings the bill, the evening's food and beverage costs total $450. Kevin places several pieces of play money in the folder containing the bill and he and Hillary walk out of the restaurant. They are long gone by the time the waiter realizes that the money is not real. However, one of the other waiters recognized Kevin as a former high school classmate. The police are called and told of the incident and Kevin's identity. The most serious offense Kevin has committed is:
theft of service.
Chip works at Anthill Engineering, Inc., an engineering consulting firm that is preparing a bid on a major public works project. Chip is the lowest paid employee at the firm and believes his contributions are unappreciated by his boss. Chip decides to copy the firm's preliminary draft of the public works project bid and offer the document to Pyramid Engineering, Inc., a competing engineering firm that is also preparing a bid. Chip makes the copy and contacts Pyramid. He offers to sell the copy for $5,000. Pyramid rejects Chip's efforts and immediately notifies Anthill. Anthill fires Chip and contacts the police. The most serious offense Chip has committed is:
theft of trade secrets because he made a copy of a trade secret without the owner's effective consent.
Phillip is an undercover peace officer assigned to look for pickpockets at the county fair. He observes Frank deftly lift Sheila's wallet from her open purse. Phillip approaches Frank and identifies himself as an officer. At that moment Frank shoves Phillip down and takes off running. Phillip, unhurt, leaps to his feet and gives chase. He tackles Frank and places him under arrest. A search of Frank reveals Sheila's wallet and a .32 pistol in his jacket pocket. Frank has committed:
theft, not robbery, because the element of assault with bodily injury is missing.
Amanda is shopping in the local discount store. She observes a blouse she likes. However, the blouse is more than she is willing to spend. Amanda takes the blouse into the dressing room and puts it on. She then puts on her own blouse to conceal the new one. As she approaches the exit to the store, Amanda is stopped by store security personnel. Amanda has committed:
theft.
Mario exits his high performance European sports car to enter the dry cleaners to drop off some laundry. He leaves the vehicle's motor running. Danny, a 17-year-old, happens by, sees the car, and decides to take it for a spin. Danny jumps behind the wheel and drives off. About six blocks from the dry cleaners Danny realizes this was probably a bad idea. He parks the car in the shopping mall parking lot. However, an off-duty police officer observes Danny and is suspicious that such a young man would own such an expensive car. He detains and questions Danny. Danny admits he took the car without permission. The most appropriate charge to file against Danny would be:
unauthorized use of a vehicle because Danny lacked the owner's consent to drive the car.
Geri, an attractive 23-year-old female, is arrested for disorderly conduct and public intoxication after causing a disturbance at a dance club. As the arresting officer is processing Geri into jail he empties her handbag. Out of the bag falls a .22 caliber pistol. Geri tells the officer she carries the pistol because once a stranger attempted to sexually assault her. In addition to the initial charges, Geri has committed:
unlawful carrying of weapons.
Bill and Ted, two 17-year-old high school students, spend a portion of their school day bullying Mike, a mild-mannered fellow student. One day after school, Bill and Ted observe Mike walking down the street. The two bullies stop their car and ask Mike if he wants a ride. Mike, being suspicious of their motives, declines the offer. Nonetheless, Bill and Ted grab Mike and force him into the car. They drive Mike to the outskirts of town where they strip him to his underwear and shove him out of the car. Bill and Ted then depart leaving Mike embarrassed and stranded. A few minutes later a passing motorist stops and assists Mike. The police are notified of the incident. The most serious offense Bill and Ted have committed is:
unlawful restraint.
Pete has spent part of the day smoking marijuana. Anytime he uses the drug he becomes paranoid. This particular day Pete convinces himself that the C.I.A. is following him. In an effort to escape from his delusion Pete climbs aboard a school bus, assaults the driver and pushes her off the bus. He then begins to drive the bus containing two dozen screaming elementary school children. About two miles down the road a police roadblock stops Pete. He is arrested and the children are found to be unharmed. The most serious offense Pete has committed is:
unlawful restraint.
Pablo charges individuals $1,500 to smuggle them across the Texas-Mexican border. One July day after collecting his fee, Pablo hides three Mexican citizens in sealed cardboard boxes marked "PINATAS." He then places the boxes in the back of his truck, which is filled with similarly marked boxes that actually contain piñatas. He drives across the border. A Customs inspector on the Texas side of the border glances in the back of the truck and waves Carlos through. Several hours later the truck breaks down near San Antonio. A passing Texas Highway Patrol trooper stops to assist Pablo. The trooper becomes suspicious when he hears noises coming from the boxes. He opens a box and discovers a hot, unconscious individual. The other two individuals are subsequently discovered. Pablo has committed:
unlawful transport.
