Criminal Justice in Texas Test Bank
Course Introduction
This course provides an in-depth examination of the criminal justice system as it functions within the state of Texas. Students will explore the structure, processes, and roles of law enforcement agencies, the judiciary, and corrections in the context of Texas law. Topics include criminal law specific to Texas, major court decisions impacting the state, policing practices, prosecution, trial procedures, and correctional policies. Emphasis is placed on both historical and contemporary issues unique to Texas, including border security, the death penalty, juvenile justice, and state-level reforms. Through case studies and analysis of local trends, students will gain an understanding of how local culture, state legislation, and federal influences shape criminal justice in Texas.
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
Source URL: https://quizplus.com/study-set/408 Page 2
Chapter 1: Foundations of Criminal Law
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49 Verified Questions
49 Flashcards
Source URL: https://quizplus.com/quiz/7138
Sample Questions
Q1) For Texas to exercise jurisdiction over a crime,only a single element of the offense need occur with the state.
A)True
B)False
Answer: True
Q2) In Texas,all crimes are created and defined by some level of governmental entity.
A)True
B)False
Answer: True
Q3) Murder and theft are examples of malum in se crimes.
A)True
B)False
Answer: True
Q4) Texas was an early participant in the 19?? century ___________ movement to clearly spell out in written form the definition of criminal offenses. Answer: codification
Q5) The territorial waters of Texas extend three ______ into the Gulf of Mexico. Answer: leagues
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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) American criminal law punishes only voluntary conduct.
A)True
B)False
Answer: True
Q2) Suppose John,a previously convicted felon,assaults his neighbor Juanita,a recent immigrant from Honduras,by threatening to cut her with a razor.Upon conviction for aggravated assault,the sentence John receives could be increased beyond the statutory norm if the court determines:
A)he used a deadly weapon.
B)he has a prior felony conviction.
C)his conduct constituted a hate crime.
D)all of the above are possible reasons for a sentence to be increased.
Answer: D
Q3) 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
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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 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:
A)political beliefs.
B)bias or prejudice against one of the statutorily specified groups.
C)educational background.
D)prior relationship with the victim.
Answer: B
Q2) The sworn affidavit filed by a peace officer that formally charges an individual with a criminal offense is called a ___________.
Answer: complaint
Q3) 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:
A)Supreme Court.
B)Court of Criminal Appeals.
C)Court of Appeals.
D)Court of Last Resort.
Answer: C
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5
Chapter 4: Parties to Offenses
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37 Verified Questions
37 Flashcards
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Sample Questions
Q1) In addition to the elements of the specific offense,what are the key factors that must be proven for a corporation to be held criminally responsible for a felony?
Q2) To be held criminally liable for assisting another in committing an offense,an individual must have acted with ___________ to assist in its commission.
Q3) The legal rule that holds that a conviction cannot be based solely on the uncorroborated testimony of an accomplice is known as:
A)the non-corroboration rule.
B)the accomplice testimony rule.
C)the two-in-one rule.
D)the best evidence rule.
Q4) Under the law of parties,the acquittal of one co-defendant will result in the automatic acquittal of all other co-defendants.
A)True
B)False
Q5) List the three ways in which an individual can be held criminally responsible for someone else's conduct.
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Chapter 5: Criminal Homicide
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96 Verified Questions
96 Flashcards
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Sample Questions
Q1) Under most circumstances,deaths that are the result of traffic collisions are considered to be accidents unless the party who caused the collision was violating a traffic law at the time.In such cases,the party causing the death would be properly charged with ___(two words)______ homicide.
Q2) Under Texas law,the primary test for determining whether or not an individual is legally dead is known as __________ death.
Q3) The owners of Bow-Wow Roofing Company knowingly permit their workers to roof homes without adhering to state and federal safety regulations.The owners believe the regulations slow down work and are bureaucratic nonsense.One day,Jose,an experienced roofer,falls from the second story roof of a house under construction and is killed.Investigation reveals that his death would not have occurred if he had been attached to a belay line as is required by federal safety regulations.In this case,the roofing company could be properly charged with committing criminally ________ homicide.
Q4) To successfully pursue criminal homicide charges against an individual for killing a pregnant woman's fetus,the prosecutor must establish that the fetus was __________ at the time of the fatal action.
Q5) 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) Carl and Grady are in an argument.Carl spits in Grady's face.Carl has committed no offense because although his conduct is offensive,it causes no bodily injury to Grady.
A)True
B)False
Q2) Marie,a 28-year-old female,asks her neighbor Jason,a 15-year-old male,if he would like to have sex with her.Jason readily agrees.The two begin a several week relationship and engage in sexual intercourse daily in Marie's home.Jason's mother learns of the affair and contacts the police.Under Texas law Marie has committed:
A)no offense because Jason agreed to the sexual activity.
B)no offense because only the forcible conduct of males against females violates the Texas sexual assault laws.
C)sexual assault of a child because Jason is too young to legally consent to sexual activity.
D)aggravated sexual assault of a child because she is more than 10 years older than Jason.
Q3) Identify five factors that will elevate a sexual assault to an aggravated sexual assault?
Q4) The cornerstone issue in sexual assault of an adult is the question of ________.
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Page 8
Chapter 7: Kidnapping and Related Offenses
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44 Verified Questions
44 Flashcards
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Sample Questions
Q1) Under Texas law,child custody disputes are treated as civil matters,not criminal matters.
A)True
B)False
Q2) Which objective of the Texas Penal Code (Sec.1.02)is served by the state's approach in prosecuting incidental kidnappings?
Q3) In general,when does an "incidental kidnapping" occur? Give an example of an "incidental kidnapping."
Q4) The offense of human trafficking occurs when a person,commonly called a "coyote," is paid to assist three or more undocumented persons to illegally enter the United States at the Texas-Mexico border.
A)True B)False
Q5) Under Texas law,an abduction that occurs incidental to another offense,such as a robbery,is viewed as merged within the underlying crime and is not subject to separate prosecution.
A)True
B)False
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Chapter 8: Property Destruction Offenses
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59 Verified Questions
59 Flashcards
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Sample Questions
Q1) An individual may lawfully use fire to destroy his own building,habitation,and vehicles if he first obtains a ___________ from local authorities.
Q2) Create a decision tree to assist in sorting acts of arson from acts of criminal mischief.
Q3) Under Texas law,for an arson conviction to stand the fire must be of an ___________ nature.
Q4) According to Texas statute,the word "building" means any ________ or enclosure intended for use or occupation as a habitation or for some purpose of trade,manufacture,ornament,or use.
Q5) Markings that constitute political,social,or religious expression are protected by the First Amendment and may not be prosecuted as a criminal offense.
A)True
B)False
Q6) 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.
A)True
B)False
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Page 10
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) The nonconsensual temporary use of an automobile ("joy-riding")is normally prosecuted using the theft of service statute.
A)True
B)False
Q3) 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
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Page 11
Chapter 10: Robbery,Burglary,and Criminal Trespass
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86 Verified Questions
86 Flashcards
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Sample Questions
Q1) The Texas law of burglary of vehicles requires both a breaking into and an actual entering of the vehicle before the offense is complete.
A)True
B)False
Q2) Which of the following is one of the required elements that must be proven to convict an individual of robbery?
A)The individual is armed with a pistol.
B)The individual is in the course of committing theft.
C)The incident occurred during the nighttime.
D)At least one dollar in cash was taken during the incident.
Q3) For the purposes of the criminal trespass statute,the word "entry" means an intrusion of the \(\underline{ (\text { two words })}\).
Q4) The cornerstone element that distinguishes a criminal trespass from an ordinary trespass is _____ that entry is forbidden.
Q5) Elena secretly enters Vito's house for the purposes of murdering him.While in the house Elena discovers that Vito is not at home.Nonetheless,Elena's conduct constitutes the crime of ________.
Q6) 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
Source URL: https://quizplus.com/quiz/7148
Sample Questions
Q1) For a false statement in court to constitute perjury,the witness must know that the statement is false and the statement must be ________.
Q2) 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 ________.
Q3) ________ which is directed at the efforts of firefighters in suppressing a fire does not violate the interference with public duties statute.
Q4) Jack,a 19-year-old,is drinking beer at a poolside party at an apartment complex.A police officer appears in response to a loud noise complaint.Upon seeing the officer,Jack pours the beer from its can into the swimming pool,reasoning that he cannot be charged with minor in possession (MIP)if the officer does not recover any beer.However,Jack has committed the offense of tampering with physical evidence as the beer is evidence of the MIP.
A)True
B)False
Q5) Perjury occurs when an individual knowingly makes a false statement and the statement is required to be made ________.
Q6) It is no defense to a charge of resisting arrest that the arrest was ________.
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Page 13
Chapter 12: Public Disorder,Indecency,Health,and Safety Offenses
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89 Verified Questions
89 Flashcards
Source URL: https://quizplus.com/quiz/7149
Sample Questions
Q1) Every Friday night,Mel organizes a poker game in his home.Friends from the neighborhood and his work join in the game.At the end of a typical evening the winner will walk away with about $30.Under Texas law,the winner is in violation of the gambling statute but the losers are not.
A)True
B)False
Q2) Randy and his friends gather at Randy's home each Sunday to watch professional football games.Before the start of the game,everyone puts five dollars in a pool and chooses their selections for which teams will win the games.Whoever correctly picks the most winners gains the pool of money.Randy and his friends are NOT violating the state gambling statute because of the ________ defense.
Q3) Rick is an avid hunter and fisherman.While he uses a rifle to hunt,he obviously does not need a rifle to fish.However,he does carry a small pistol in his fishing tackle box.Rick's possession of the pistol under these circumstances is NOT a violation of the unlawful carrying of a weapon statute.
A)True
B)False
Q4) Much disorderly activity becomes a crime only if it occurs in a ________.
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) Sarah is driving her car in an intoxicated condition.She passes out at the wheel and the car runs into Larry's front yard.Larry is taking a nap in a hammock.He awakes suddenly as he hears the car coming through the bushes.The car strikes a large pine tree in the yard.The pine tree falls,landing on Larry and breaking his leg.What is the most serious offense Sarah has committed?
A)intoxication assault
B)driving while intoxicated
C)public intoxication
D)None of the above because she was asleep when Larry was injured.
Q2) In lieu of placing an intoxicated individual in jail,a peace officer is authorized to release the individual into the care of a ________.
Q3) Intoxication manslaughter is the appropriate charge when a manslaughter occurs and either the perpetrator or the victim were intoxicated at the time of the incident.
A)True
B)False
Q4) A key element of the offense of driving while intoxicated is that the accused was ________ a motor vehicle in a public place while intoxicated.
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Chapter 14: Preparatory Offenses and Organized Criminal Activity
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72 Verified Questions
72 Flashcards
Source URL: https://quizplus.com/quiz/7151
Sample Questions
Q1) Which of the following items constitutes a "criminal instrument" under Texas law?
A)a prybar used by a burglar to gain entry into a residence
B)a pistol discharged by a bandit while robbing a convenience store
C)a sock gag used by a kidnapper to silence the cries of his victim
D)All of the above items are criminal instruments under Texas law.
Q2) The existence of a "criminal combination" is a required element that must be proven in which of the following offenses?
A)aggravated promotion of gambling
B)engaging in organized crime
C)promotion of prostitution
D)manufacture of a controlled substance
Q3) Alan is the leader of an urban street gang that engages in a variety of criminal activity ranging from illegal drug sales to prostitution and extortion.Alan is criminally responsible for the crimes his gang members commit due to the ________ Rule.
Q4) A prospective offender who voluntarily abandons his criminal goal may be found not guilty of a criminal attempt due to the ________ defense.
Q5) ________ impossibility is a defense to a charge of criminal attempt.
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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) Robert decides to make extra money by operating a fantasy football website where individuals can wager on the outcome of their fantasy football teams.Before starting the site,Robert checked with his attorney who told Robert that such a website did not violate the Texas gambling statute because the internet is regulated by the federal government,not the states.Three months after operating the site and making thousands of dollars,Texas Rangers arrest Robert for gambling promotion.Robert will be found not guilty of the charge due to the fact that his mistake of law was derived from legal advice from his attorney.
A)True
B)False
Q2) Briefly explain the three elements that must be proven by a defendant to establish the insanity defense.
Q3) Under Texas law,the sentence for an intentional killing is 5 to 99 years or life (felony of the first degree).However,if the defendant can convince the jury that the killing was the result of sudden passion arising from adequate cause,the jury can use the sentencing range of a felony of the second degree.This is an example of the principle of mitigation.
A)True
B)False
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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) Whether or not a criminal act is an act of terrorism depends upon the ________ of the perpetrator.
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) List three of the most common categories of federal criminal charges.
Q4) Which of the following criminal offenses is specifically mentioned in the U.S.Constitution?
A)burglary
B)counterfeiting
C)airplane hijacking
D)possession of narcotics
Q5) Congress is able to expand its power to create criminal laws through use of the ________ and ________ clause in the U.S.Constitution.
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