Criminal Justice in Texas Exam Bank
Course Introduction
Criminal Justice in Texas offers an in-depth exploration of the state's unique criminal justice system, from law enforcement practices and judicial processes to corrections and rehabilitation programs. The course examines the historical, legal, and social foundations that have shaped Texas criminal justice, highlighting its distinctive statutes, policies, and challenges. Students will analyze the structure and function of state and local agencies, study key case law, and evaluate contemporary issues such as sentencing disparities, juvenile justice, and the intersection of immigration and crime. Through case studies and current events, the course encourages critical thinking about reform, public safety, and the broader impact of criminal justice on Texas communities.
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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Page 2
Chapter 1: Foundations of Criminal Law
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49 Verified Questions
49 Flashcards
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Sample Questions
Q1) Criminal laws enacted by Texas municipalities are known as:
A)home rule statutes.
B)municipal decrees.
C)collateral offenses.
D)city ordinances.
Answer: D
Q2) 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):
A)secular offense.
B)crime involving moral turpitude.
C)ipso facto offense.
D)ecclesiastical offense.
Answer: B
Q3) The principle of __________ means that no crime occurs without the existence of a previously enacted law.
Answer: legality
Q4) A (2 words)offense is one that is NOT naturally evil but is made unlawful solely by legislation.
Answer: malum prohibitum
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Chapter 2: Elements of a Crime
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66 Verified Questions
66 Flashcards
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Sample Questions
Q1) A convicted criminal defendant who receives a sentence of one year in the county jail has been convicted of a Class ____ misdemeanor. Answer: A
Q2) A criminal defendant convicted of a Class A misdemeanor could receive a longer sentence of incarceration than she would have received if convicted of a state jail felony.
A)True
B)False
Answer: True
Q3) Which of the following is an element that must be proven in every criminal offense?
A)intent
B)causation
C)injury
D)motive
Answer: B
Q4) The temporal connection between the culpable mental state and the conduct element of a criminal offense is called _________.
Answer: concurrence
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4
Chapter 3: The Criminal Law in Daily Practice
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76 Verified Questions
76 Flashcards
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Sample Questions
Q1) In Texas,the ___________ Court is the sole venue for trials involving felony offenses.
Answer: District
Q2) The charging instrument in a misdemeanor court case is called an:
A)information.
B)instanter.
C)accusation.
D)overture.
Answer: A
Q3) The formal charging instrument in a misdemeanor prosecution in municipal court must be signed by the ______ attorney.
Answer: city
Q4) The term "no bill" means that a grand jury has refused to issue an indictment in a particular case.
A)True
B)False
Answer: True
Q5) An indictment is the formal charging document issued by a ______ jury in felony cases.
Answer: grand
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Chapter 4: Parties to Offenses
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37 Verified Questions
37 Flashcards
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Sample Questions
Q1) The rule against hearsay prevents one perpetrator of a crime from testifying in court against his partner.
A)True
B)False
Q2) 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.
A)True
B)False
Q3) The respondeat superior theory may be used to hold Texas corporations criminally responsible only for ______________ level offenses.
Q4) Describe three examples of pre-crime assistance where an individual would be considered a co-principal in the subsequent commission of a crime.
Q5) Texas was the last state to hold corporations criminally responsible.Why have so few prosecutions of corporations occurred in the intervening four decades?
Q6) Define the accomplice testimony rule and explain its effect in court on a criminal prosecution.
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Page 6
Chapter 5: Criminal Homicide
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96 Verified Questions
96 Flashcards
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Sample Questions
Q1) Under Texas law,the primary test for determining whether or not an individual is legally dead is known as __________ death.
Q2) In the process of being arrested,Paul punches Officer Mike,a police officer,in the nose several times.In response,Officer Mike draws his pistol and shoots and kills Paul.Officer Mike has committed the offense of manslaughter.
A)True
B)False
Q3) Under Texas law,a person is legally dead only when a magistrate formally declares them dead.
A)True
B)False
Q4) In a murder-for-hire case,both the killer and the individual who hired the killer have committed capital murder.
A)True
B)False
Q5) Is it fair that the mother of the fetus is excused from criminal responsibility for purposely killing the child but the father is not legally excused?
Q6) Under the Texas Penal Code,human life begins at the point of _____________.
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Chapter 6: Assault and Sexual Assault
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103 Verified Questions
103 Flashcards
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Sample Questions
Q1) In Texas,acts of cyberbullying would be prosecuted as violations of the statute labeled ___________.
Q2) For a violation of the Texas stalking statute (Sec.42.072)to occur,the offender's conduct must:
A)also violate the terroristic threat statute.
B)produce actual physical or psychological injury to the victim.
C)be directed specifically at another person
D)be so outrageous that it "shocks the conscience" of the community.
Q3) 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:
A)no offense because Kevin was not hurt in the incident.
B)assault by contact because Rod should know Kevin would find the shove offensive.
C) deadly conduct because Kevin could have been seriously injured.
D)terroristic threat because Rod placed Kevin in fear of serious bodily injury.
Q4) Sending another person an email that threatens serious bodily injury is the offense labeled ________ threat.
Q5) The cornerstone issue in sexual assault of an adult is the question of ________.
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Chapter 7: Kidnapping and Related Offenses
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44 Verified Questions
44 Flashcards
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Sample Questions
Q1) 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,Carl has also committed the offense of:
A)interference with personal liberty.
B)abduction of an elderly person.
C)aggravated kidnapping.
D)unlawful transport.
Q2) Texas law treats the unlawful smuggling of undocumented workers from Mexico into the state as a form of aggravated kidnapping.
A)True
B)False
Q3) Under Texas law,child custody disputes are treated as civil matters,not criminal matters.
A)True
B)False
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Page 9
Chapter 8: Property Destruction Offenses
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59 Verified Questions
59 Flashcards
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Sample Questions
Q1) The Texas arson statute applies to fires and explosions.What constitutes a fire? What is an explosion?
Q2) Stealing electrical service by wiring around the electric meter constitutes a form of criminal mischief.
A)True
B)False
Q3) 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.
A)True
B)False
Q4) The legal term referring to the domestic buildings that surround and support a residence is:
A)cartridge.
B)curtilage.
C)cartilage.
D)corporation.
Q5) The ___________ is the series of domestic outbuildings that surround and support a residence.
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Chapter 9: Theft,Fraud,and Related Offenses
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83 Verified Questions
83 Flashcards
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Sample Questions
Q1) If the bookkeeper for a business alters the company's financial records and diverts money to her own bank account,a Texas grand jury could properly indict the bookkeeper for the offense of embezzlement.
A)True
B)False
Q2) Jason is a retired professional football player.Mack is a big football fan.Mack steals Jason's photo album containing photographs of Jason in every game Jason played.By the time Mack is identified,arrested,and charged with theft,the album is substantially damaged due to flooding of Mack's home.The market value of the photo album cannot be determined as most of its value was sentimental.Accordingly,Texas statute sets the penalty level of the theft of the album as a:
A)Class C misdemeanor.
B)Class B misdemeanor.
C)Class A misdemeanor.
D)State jail felony.
Q3) Knowingly leaving a restaurant without paying for the food violates the \(\underline{ (\text { two words })}\) statute.
Q4) Under Texas law,theft of a single head of cattle is a ________ level offense.
Q5) The actus reus of the Texas theft statute is a(n)____________.
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Chapter 10: Robbery,Burglary,and Criminal Trespass
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86 Verified Questions
86 Flashcards
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Sample Questions
Q1) Under Texas law,mere possession of a deadly weapon during the course of a robbery elevates the offense to aggravated robbery.
A)True
B)False
Q2) One method to commit the offense of burglary is for the offender to "enter" the building or habitation.Which of the following is an example of an offender committing this element of the offense of burglary?
A)stepping one foot inside the door frame of a house
B)slicing the window screen of a house
C)breaking the lock on a door
D)All of the above actions are examples of to "enter" under the law of burglary.
Q3) It is impossible to commit the crime of criminal trespass in a city park because the park is public property owned by all citizens.
A)True
B)False
Q4) An essential element of the offense of robbery requires the offender to be in the course of committing _______.
Q5) In Texas,a carjacking is treated under the law as a form of ________.
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Chapter 11: Offenses Against Government Operations
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91 Verified Questions
91 Flashcards
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Sample Questions
Q1) To commit the offense of evading arrest or detention,the offender must intentionally flee from a peace officer he knows is attempting to ________ detain or arrest him.
Q2) Citizens have a legal duty to report to the police any criminal offense they observe if the report can be made without risking harm to themselves.
A)True
B)False
Q3) Under Texas law,if a bribe is offered to a public official,no offense occurs until the bribe is actually paid.
A)True
B)False
Q4) The offense of resisting arrest requires that the offender use ________ against a peace officer who is attempting to make an arrest.
Q5) The crime of escape is based on an unlawful ________ from custody.
Q6) To commit the offense of altering,destroying,or concealing evidence,the individual need not be successful in their efforts.The individual need only have the ________ to do so.
Q7) It is no defense to a charge of resisting arrest that the arrest was ________.
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Chapter 12: Public Disorder,Indecency,Health,and Safety Offenses
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89 Verified Questions
89 Flashcards
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Sample Questions
Q1) Persons who are exercising their right of free speech are never in violation of a criminal statute because such conduct is absolutely protected by the First Amendment to the Constitution.
A)True
B)False
Q2) If Pat and Dakota agree to consensual sexual activity in a private place,no violation of the Texas Penal Code occurs.However,a crime does occur if:
A)either Pat or Dakota charges a fee for participating in the sexual activity.
B)Pat and Dakota are not married to each other.
C)either Pat or Dakota are married to someone else.
D)Pat and Dakota are of the same gender.
Q3) Ted and Mary engage in sexual intercourse.A crime has been committed if Mary receives a ________ from Ted for engaging in the sex act.
Q4) Texas law prohibits the use of abusive,indecent,profane,or vulgar language in a public place.However,in order for an offense to occur the language must constitute ________ words.
Q5) Streets,highways,common areas of schools and shops have one thing in common: they are all deemed to be a ________ place under Texas statute.
Page 14
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Chapter 13: Intoxication Offenses
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58 Verified Questions
58 Flashcards
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Sample Questions
Q1) An individual who is intoxicated in his own home commits no violation of Texas law.
A)True
B)False
Q2) A drunk driver who causes the death of another motorist will often be charged with the offense of ________ manslaughter.
Q3) The Texas public intoxication statute authorizes justice personnel to divert intoxicated individuals away from the justice system.
A)True
B)False
Q4) To obtain a conviction for DUI instead of DWI,the prosecution must establish that the accused's blood alcohol concentration was at least 0.15.
A)True
B)False
Q5) The BAC standard is the measure used to determine whether or not a driver is intoxicated on cocaine.
A)True
B)False
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Page 15
Chapter 14: Preparatory Offenses and Organized Criminal Activity
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72 Verified Questions
72 Flashcards
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Sample Questions
Q1) Voluntary renunciation is a legal defense to charges of both criminal attempt and criminal conspiracy.
A)True
B)False
Q2) Don and Charles own a print shop.Because of computers and home printers their printing business has been slow.Don approaches Charles and says,"Why don't we print our own money? We have the knowledge and equipment to make virtually undetectable counterfeit $100 bills.That way we no longer need customers for our regular printing business." Charles responds,"That's a great idea.We can get rich.I'm in." However,no criminal conspiracy has yet to occur because:
A)no counterfeit money has actually been printed.
B)although Don and Charles have the equipment to print the money,they have not yet acquired suitable paper.
C)no overt act in furtherance of the conspiracy has occurred.
D)Don may simply have been joking about counterfeiting money.
Q3) Under Texas law,using lawful items for unlawful purposes is one method of violating the use of criminal instrument statute.
A)True
B)False
Page 16
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Chapter 15: General Defenses and Justification
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113 Verified Questions
113 Flashcards
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Sample Questions
Q1) An undercover police officer joins a motorcycle gang to investigate their alleged criminal activities.The officer discovers that the gang is trafficking in illegal drugs and firearms.To avoid a later successful use of the entrapment defense by gang members,the undercover officer must receive written authority from a District Judge to continue investigating the gang.
A)True
B)False
Q2) Harry,a college student,sees Sally,an armed robber,fleeing from a gas station she has just robbed.She is wearing a mask and has money in one hand and a pistol in the other.Without uttering a word,Harry,a handgun license holder,draws his pistol and shoots her in the back.Sally won't be robbing anybody else anytime soon as the shot paralyzes her.The community is in an uproar because Sally is only 15 years old.Many people are pressuring the District Attorney to file charges against Harry.If Harry is charged with the shooting of Sally,he should:
A)invoke the defense of deadly force to protect property.
B)invoke the defense of self-defense.
C)invoke the defense of necessity.
D)hope he has a good lawyer because he was not legally justified in shooting Sally.
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Page 17
Chapter 16: Federal Criminal Law
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47 Verified Questions
47 Flashcards
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Sample Questions
Q1) Does the Assimilative Crimes Act give fair notice of the conduct prohibited as is required by the due process clause of the Constitution?
Q2) The most common federal criminal charge relates to:
A)robbery of federally-insured banks.
B)controlled substances.
C)immigration offenses.
D)mail fraud.
Q3) Congress is able to expand its power to create criminal laws through use of the ________ and ________ clause in the U.S.Constitution.
Q4) Which of the following is a violation of federal anti-terrorism law?
A)providing material support to terrorists
B)being related to a terrorist by blood or marriage
C)traveling to a country controlled by terrorists
D)being sympathetic to one or more goals of a terrorist organization
Q5) Acts of terrorism can violate both federal criminal law and the Texas Penal Code.
A)True
B)False
Q6) Explain the federal Assimilative Crimes Act and how it is used in Texas.
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