American Criminal Courts
Study Guide Questions
Course Introduction
This course provides an in-depth examination of the American criminal court system, tracing the process from arrest through trial, sentencing, and appeal. Students will explore the structure and function of various courts at the local, state, and federal levels. Key topics include the roles and responsibilities of legal actors such as judges, prosecutors, defense attorneys, and juries, as well as the procedural rules that govern criminal cases. The course also considers issues of justice, courtroom workgroups, plea bargaining, and current challenges facing the criminal court system, with an emphasis on how political, social, and legal factors influence judicial decision-making.
Recommended Textbook
Texas Criminal Law Principles and Practices 2nd Edition by Jerry L. Dowling
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16 Chapters
1169 Verified Questions
1169 Flashcards
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Chapter 1: Foundations of Criminal Law
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Sample Questions
Q1) One goal of the Texas Penal Code is (2 words),which seeks to encourage conformance with the law by threatening a penalty for violating the law.
Answer: general deterrence
Q2) A (2 words)offense is one that is NOT naturally evil but is made unlawful solely by legislation.
Answer: malum prohibitum
Q3) The primary historical foundation of Texas criminal law is the Code Napoléon used in 19?? century Spain.
A)True
B)False
Answer: False
Q4) If a criminal statute fails to provide the kind of notice that will enable the ordinary person to understand what the law prohibits,the statute violates the \(\text { (3 words) }\)doctrine.
Answer: void-for-vagueness
Q5) By state constitutional mandate,the specific phrase (8 words)must appear in all Texas indictments.
Answer: against the peace and dignity of the state
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Chapter 2: Elements of a Crime
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Sample Questions
Q1) The culpable mental state known as criminal negligence is identical to the standard used for proving negligence in a civil lawsuit.
A)True
B)False
Answer: False
Q2) The word "concurrence" as an element of a criminal offense refers to the relationship in _______ between the conduct and the culpable mental state.
Answer: time
Q3) The term actus reus is related to conduct as the term mens rea is related to:
A)attendant circumstances.
B)culpable mental state.
C)causation.
D)harm.
Answer: B
Q4) The various components that make up a criminal offense are known as the _________ of the crime.
Answer: elements
Q5) The Latin term actus reus refers to the __________ element of an offense. Answer: conduct
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Chapter 3: The Criminal Law in Daily Practice
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76 Flashcards
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Sample Questions
Q1) The prohibition against double jeopardy derives from the Fifth Amendment to the U.S.Constitution.
A)True
B)False
Answer: True
Q2) A police officer stops Ron for speeding on his motorcycle.The officer writes Ron a citation for going 45 miles per hour in a 30 miles per hour zone.Ron believes the officer made a mistake about the posted speed limit at that location; that the speed limit is actually 45 miles per hour.Ron contacts the municipal court and requests a jury trial on the matter.When Ron ultimately appears in court the prosecutor will file a(n)_____________ as the formal charging document.
Answer: information
Q3) 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.
A)True
B)False
Answer: True
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Chapter 4: Parties to Offenses
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Sample Questions
Q1) The respondeat superior theory may be used to hold Texas corporations criminally responsible only for ______________ level offenses.
Q2) Under Texas law,post-crime assistance to the perpetrator of a crime is treated as a standalone offense,not under the law of parties.
A)True
B)False
Q3) List the three ways in which an individual can be held criminally responsible for someone else's conduct.
Q4) Criminal responsibility for the conduct of another is known as _________ liability.
Q5) A store clerk who sells a firearm to an individual who later uses the gun in a murder is equally responsible for the crime.
A)True
B)False
Q6) Describe three examples of pre-crime assistance where an individual would be considered a co-principal in the subsequent commission of a crime.
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Chapter 5: Criminal Homicide
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Sample Questions
Q1) Bud,a parcel deliveryman,parks his delivery truck on a sloping road.In order to deliver a package,he exits the truck,leaving the motor running.Because he is in a hurry,Bud fails to place the truck's transmission in "park" or set the parking brake.Bud enters a nearby building with the package.Meanwhile,the truck begins to move down the hill.It jumps the curb and strikes two children who are playing in the park.Both children are killed.As to the deaths of the children,the most serious offense Bud has committed is:
A)no offense because the deaths were an accident.
B)capital murder because two children were killed in the same incident.
C)criminally negligent homicide because he was criminally negligent in not following the motor vehicle laws regarding leaving an unattended vehicle running and failing to set the truck brakes.
D)murder because of the "misdemeanor murder rule."
Q2) While fleeing in his car following the robbery of a liquor store,Jesse inadvertently strikes and kills Frank,a pedestrian crossing the street.Jesse can properly be convicted of murder under the application of the ____ murder rule.
Q3) Although it is almost always proven in murder cases,_________ is actually an element of the offense only in certain forms of capital murder.
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Chapter 6: Assault and Sexual Assault
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Sample Questions
Q1) Ron,angry at Donald,swings his fist at Donald in an attempt to punch him in the face.Donald ducks and the swing misses.Ron has committed no crime because the punch caused no harm.
A)True
B)False
Q2) Under Texas statute,the perpetrator of a sexual assault and the victim of the sexual assault can be either a male or a female.
A)True
B)False
Q3) For the crime of stalking to occur,the threatening conduct must occur on more than three occasions within a six month period.
A)True
B)False
Q4) In Texas,acts of cyberbullying would be prosecuted as violations of the statute labeled ___________.
Q5) Independent evidence supporting an allegation of sexual assault must be presented at trial unless the victim made outcry within ______ year(s)of the alleged assault.
Q6) Penetration is a key element of ___________ assault.
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Chapter 7: Kidnapping and Related Offenses
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Sample Questions
Q1) Under Texas law,if a deadly weapon is used in the course of a kidnapping,the offense elevates to aggravated kidnapping.
A)True B)False
Q2) Under Texas law,the kidnapping of a pregnant female constitutes two counts of the offense.
A)True B)False
Q3) It is a defense to a charge of unlawful transport if the accused and the individual who was being transported are:
A)closely related by blood or marriage.
B)both U.S.citizens.
C)members of the U.S.armed forces.
D)under 21 years of age.
Q4) In general,when does an "incidental kidnapping" occur? Give an example of an "incidental kidnapping."
Q5) Common Law kidnapping required the element of asportation while the similar element in the Texas law of kidnapping is called _________.
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Chapter 8: Property Destruction Offenses
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Sample Questions
Q1) A detached garage adjoining a house in the suburbs is an example of a structure within the house's curtilage.
A)True
B)False
Q2) The legal term referring to the domestic buildings that surround and support a residence is:
A)cartridge.
B)curtilage.
C)cartilage.
D)corporation.
Q3) Stealing electrical service by wiring around the electric meter constitutes a form of criminal mischief.
A)True
B)False
Q4) Use of spray paint to write political slogans on government property violates no statute because the individual's right to freedom of expression outweighs the state's interest in maintaining an orderly society.
A)True
B)False
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Chapter 9: Theft,Fraud,and Related Offenses
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Sample Questions
Q1) In the apartment house trash dumpster,John discovers various financial documents relating to Mary and her assets.In the material is her Social Security number,bank account numbers,and other identifying information.John uses the information to withdraw cash from Mary's bank account and to buy a new television set in her name by using her credit information.In the course of impersonating Mary,John has likely committed which of the following offenses?
A)theft
B)online impersonation
C)false statement to obtain credit
D)all of the above offenses
Q2) To convict an individual for issuance of a bad check,the state must prove that the person _______ she lacked sufficient funds in the bank to cover the check.
Q3) Jed picks the pocket of Fred and scores $60,Fred's driver's license,and all of Fred's credit cards.Jed has committed felony theft.
A)True
B)False
Q4) Explain the difference between forgery of a check,theft by check,and issuance of a bad check.
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Page 11
Chapter 10: Robbery,Burglary,and Criminal Trespass
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Sample Questions
Q1) 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:
A)aggravated robbery because he assaulted a peace officer while committing a theft.
B)robbery because he committed an assault in the immediate flight from a theft.
C)aggravated robbery because he was in possession of a deadly weapon while committing a felony theft.
D)theft,not robbery,because the element of assault with bodily injury is missing.
Q2) One method of committing robbery is by the offender obtaining property by placing the victim in fear of \(\underline{ (\text { two words })}\).
Q3) Under the law of burglary,entry is established when the _______ of the house is broken.
Q4) In Texas,a carjacking is treated under the law as a form of ________.
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Page 12
Chapter 11: Offenses Against Government Operations
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Sample Questions
Q1) Carla is walking down a crowded street during fiesta in San Antonio.She is smoking a marijuana cigarette.A police officer smells the burning marijuana and approaches Carla.She sees the officer and tries to drop the cigarette into the storm sewer but the butt simply rolls into the street where the officer recovers it.In addition to the possession of marijuana charge,Carla has committed the offense of tampering with physical evidence.
A)True
B)False
Q2) Telling a police officer that he is a disgrace to his profession is not a crime because such comments are protected speech under the First Amendment.
A)True
B)False
Q3) A person who makes a false statement to a peace officer commits an offense if the statement is made with ________ to deceive.
Q4) Texas criminal law imposes a general duty on citizens who observe a felony involving serious bodily injury or death to report the incident to a ________.
Q5) The crime of escape is based on an unlawful ________ from custody.
Q6) In order to commit the offense of escape,the suspect must first be in ________.
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Chapter 12: Public Disorder,Indecency,Health,and Safety
Offenses
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Sample Questions
Q1) List four prohibited weapons.Why is ownership of these items by the average Texan illegal?
Q2) Under Texas law,weapons such as machine guns,short-barrel firearms,and firearm silencers are classified as ________ weapons.
Q3) Streets,highways,common areas of schools and shops have one thing in common: they are all deemed to be a ________ place under Texas statute.
Q4) Charles drives an old car with over 200,000 miles on the odometer.One day the vehicle breaks down in the middle of a busy city street.Traffic becomes snarled as a result.Charles has committed obstructing a passageway.
A)True
B)False
Q5) The Texas Constitution protects the rights of an individual to keep and bear arms but permits the Legislature to regulate the carrying of those arms.
A)True
B)False
Q6) Explain the penalty structure established for unlawful possession of various drugs under the Texas Controlled Substances Act.
Page 14
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Chapter 13: Intoxication Offenses
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Sample Questions
Q1) George drives his wife Martha to a doctor's appointment.He waits in the car.When she returns from the doctor's office,she tells George "I'm pregnant." "That's great news," George replies."Let's celebrate." The two go to a local restaurant and bar.Over the next several hours they celebrate by drinking excessively.When closing time arrives,they depart in their automobile with Martha driving because they agree George has had way too much to drink.Unfortunately,so has Martha.On the way home,due to her intoxicated condition,Martha falls asleep at the wheel.The car runs off the road and overturns.George is killed.Martha survives but miscarries at the scene.What is (are)the most serious offense(s),if any,Martha has committed?
A)intoxication manslaughter of George and the fetus
B)intoxication manslaughter of George
C)driving while intoxicated
D)no offenses because the deaths were accidents
Q2) The legal definition of "intoxicated" in the public intoxication statute is the same definition used in the driving while intoxicated statute.
A)True
B)False
Q3) A blood alcohol concentration of 0.08 or greater is known as intoxication
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Page 15
Chapter 14: Preparatory Offenses and Organized Criminal Activity
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Sample Questions
Q1) Roger makes plans to murder his business partner Stephen.However,before Roger can be charged and convicted of criminal attempt,he must engage in an act that goes beyond ________ for the murder.
Q2) For a criminal conspiracy to occur,two or more people must agree to commit a ________ and one or more must engage in an overt act in furtherance of the commission.
Q3) To be convicted of violating the Texas statute prohibiting engaging in organized crime,at least three persons must have banded together to commit one or more of the statutorily specified felonies.
A)True
B)False
Q4) Explain the Pinkerton Rule and how it can be used effectively in prosecuting organized crime cases.
Q5) Jill contacts Jack and offers him $5,000 to kill her husband Reginald.Jack refuses Jill's efforts to enlist him in the murder plot.However,by making the offer to Jack,Jill has committed the offense of criminal ________.
Q6) A single conspirator cannot be convicted if all of his co-conspirators have been acquitted of the charge.This legal principle is known as the ________ requirement.
Page 16
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Chapter 15: General Defenses and Justification
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Sample Questions
Q1) Raphael is charged with arson after burning down several buildings.At trial,several psychiatrists testify that Raphael suffers from severe delusions; he believes he is the right-hand man of the devil.The jury finds Raphael not guilty by reason of insanity.With this finding:
A)the state will be able to retry Raphael when he regains his normal mental faculties.
B)the state can never re-prosecute Raphael for these crimes because of the constitutional prohibition on double jeopardy.
C)Raphael will be committed to a mental hospital for a minimum time equal to the minimum sentence for his crime-arson.
D)Raphael will be placed on supervised probation the remainder of his life.
Q2) If a jury determines that criminal defendant is insane,the individual is entitled to a verdict of ________.
Q3) A courtroom defense strategy where the accused admits to the conduct charged but seeks conviction of a lesser charge is known as ________.
Q4) The Texas test of insanity is derived from the traditional McDonald Rule.
A)True
B)False
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Chapter 16: Federal Criminal Law
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Sample Questions
Q1) In general,a violation of the federal Patriot Act requires that the crime involve:
A)an American perpetrator.
B)an American victim.
C)an American governmental facility.
D)any of the above.
Q2) An individual found distilling alcohol unlawfully ("moonshine")violates the federal criminal law primarily because:
A)he has not paid the federal tax on distilled spirits.
B)the U.S.Food and Drug Administration (FDA)has not tested the liquid for purity.
C)the Bureau of Alcohol,Tobacco,Firearms and Explosives (ATFE)has not issued a manufacturer's certificate of compliance.
D)he is using old bottles that previously held non-alcoholic beverages.
Q3) The federal Patriot Act expands the special maritime and territorial jurisdiction of the United States to foreign locations.
A)True
B)False
Q4) Explain the federal Assimilative Crimes Act and how it is used in Texas.
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