Criminal Procedure
Test Bank
Course Introduction
Criminal Procedure explores the rules and principles governing the process by which individuals are investigated, apprehended, charged, tried, and punished for criminal offenses. The course emphasizes constitutional protections afforded to accused persons, focusing on topics such as search and seizure, arrest, interrogation, pretrial identification, the right to counsel, pretrial motions, the trial process, sentencing, and appeals. Students will examine landmark judicial decisions interpreting the U.S. Constitution primarily the Fourth, Fifth, Sixth, and Fourteenth Amendments as well as federal and state procedural rules, with an emphasis on balancing individual rights and societal interests in effective law enforcement.
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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49 Verified Questions
49 Flashcards
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Sample Questions
Q1) In addition to its Anglo-American legal heritage,the laws of Texas have been somewhat influenced by the laws of the countries of ____________ and
Answer: Spain,Mexico
Q2) List and explain the primary attributes of a crime.
Answer: The primary attributes of a crime are:
-Government defines the illegal conduct.
-Government is the victim of crime.
-Government prosecutes case.
-Judgment is payable to the government.
Answer should demonstrate a clear understanding of the four concepts.
Q3) Which of the following is NOT a stated purpose of the Texas Penal Code? Select the exception.
A)insuring public safety by the rehabilitation of criminal offenders
B)insuring public safety by incarcerating violent offenders
C)insuring public safety by deterring criminal conduct
D)safeguarding conduct that is without guilt from condemnation as criminal
Answer: B
Q4) The territorial waters of Texas extend three ______ into the Gulf of Mexico. Answer: leagues
Page 3
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Chapter 2: Elements of a Crime
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66 Flashcards
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Sample Questions
Q1) American criminal law punishes only voluntary conduct.
A)True
B)False
Answer: True
Q2) If John intends to kill Marsha by poisoning her wine but Wanda inadvertently drinks the poison beverage and dies,John is still responsible for Wanda's death because of the doctrine of __(two words)____.
Answer: transferred intent
Q3) If an offender is aware of but consciously disregards a substantial and unjustifiable risk that a result will occur,the offender has acted with the culpable mental state of:
A)intent.
B)knowledge.
C)recklessness.
D)criminal negligence.
Answer: C
Q4) Criminal possession of contraband may take either of two forms,actual possession or ___________ possession.
Answer: constructive
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Chapter 3: The Criminal Law in Daily Practice
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76 Verified Questions
76 Flashcards
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Sample Questions
Q1) The prosecution of felony cases is handled by the county attorney in the county where the crime occurred.
A)True
B)False
Answer: False
Q2) The charging instrument used to prosecute misdemeanor offenses must be signed by:
A)the prosecutor in the case.
B)the judge hearing the case.
C)the foreman of the grand jury.
D)the individual accused in the case.
Answer: A
Q3) For most offenses the statute of ___________ places a time limit on how long filing of criminal charges may be delayed.
Answer: limitations
Q4) Once a suspect is arrested and charged with a crime,he must be taken before a _________ where he will be told of the charges and bail will be set,if appropriate.
Answer: magistrate
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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) Which of the following entities is subject to prosecution for violation of provisions of the Penal Code?
A)a social fraternity
B)a business partnership
C)a not-for-profit association
D)All of the above are subject to prosecution.
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) The rule against hearsay prevents one perpetrator of a crime from testifying in court against his partner.
A)True
B)False
Q4) The respondeat superior theory may be used to hold Texas corporations criminally responsible only for ______________ level offenses.
Q5) To be held criminally liable for assisting another in committing an offense,an individual must have acted with ___________ to assist in its commission.
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Chapter 5: Criminal Homicide
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96 Verified Questions
96 Flashcards
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Sample Questions
Q1) An unintended death during the commission of a robbery is considered murder under Texas law while a purposeful death during a robbery is considered a capital murder.
A)True
B)False
Q2) Jack,an intoxicated driver,collides with an automobile driven by Mary,a pregnant female.Mary is not seriously injured but the collision causes her to abort the fetus.Under Texas law,in order to prosecute Jack for the death of the fetus,the prosecution will have to:
A)perform a legal miracle because a fetus is not protected by Texas criminal homicide laws.
B)establish that the fetus,had he or she survived,was capable of living outside the womb.
C)prove that the fetus was alive at the time of the collision.
D)prove that Mary had been pregnant for over three months.
Q3) Identify the three legal categories of murder under the Texas Penal Code and briefly explain the differences between the categories.
Q4) The two methods of determining whether or not a person is legally dead are ______ death and _________ death.
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Page 7
Chapter 6: Assault and Sexual Assault
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103 Verified Questions
103 Flashcards
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Sample Questions
Q1) Under the Texas law of assault,the term "threat" refers to a communicated intent to inflict harm on another.
A)True
B)False
Q2) Under the Texas Penal Code,an assault can be committed in one of three ways: assault with bodily injury,assault by threat,and assault by ______.
Q3) Both words and silent gestures can be considered "threats" within the term's meaning in the law of assault.
A)True
B)False
Q4) In Texas,acts of cyberbullying would be prosecuted as violations of the statute labeled ___________.
Q5) Express or apparent ________ is a defense to the charge of sexual assault.
Q6) Under the Texas Penal Code,an assault can be committed in one of three ways: assault with bodily injury,assault by contact,and assault by ______.
Q7) If a knife is used to assault an individual,the offense will likely be charged as a(n)________(two words)_________.
Q8) 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) Janet is walking down the street when Sam grabs her by the arm and drags her into the nearby bushes and sexually assaults her.Police later apprehend him.In addition to the sexual assault charge,Sam can correctly be charged with aggravated kidnapping.
A)True
B)False
Q2) Under Texas law,abducting an adult and holding him or her for ransom is one means of committing aggravated kidnapping.
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."
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Chapter 8: Property Destruction Offenses
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Sample Questions
Q1) To avoid potential free speech issues,the Texas anti-graffiti law is ____(two words)_______.
Q2) 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 paintbrush 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?
A)John has committed no criminal offense because he was exercising his First Amendment right of free speech.
B)John has committed a violation of the graffiti statute because he was writing graffiti on the building.
C) John has committed reckless damage or destruction because he was reckless in believing others were interested in his opinion.
D)John has committed criminal mischief because he intentionally damaged another's property without their consent.
Q3) The Texas criminal anti-graffiti law focuses on use of spray paint and other ___________ forms of markings.
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Page 10
Chapter 9: Theft,Fraud,and Related Offenses
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Sample Questions
Q1) Dale goes to Big Red's Gun Shop looking for a new pistol.The clerk shows him several different firearms but Dale decides they are all too expensive.Finally the clerk shows him a used .22 pistol priced at $150.Dale tells the clerk he will take it.The clerk says,"Let me go get the paperwork." When the clerk leaves to retrieve the appropriate forms,Dale,true to his word,takes the pistol from the top of the counter and runs out of the store.The most serious offense Dale has committed is:
A)shoplifting.
B)theft of service - misdemeanor.
C)theft - misdemeanor.
D)theft - felony.
Q2) Case law holds that the prosecution must put the defendant "behind the wheel" operating the vehicle to sustain an unauthorized use of a vehicle charge.
A)True
B)False
Q3) Tom,a student,uses his scanner and computer to print counterfeit tickets to the university's football games.He sells the tickets to his fraternity brothers for $5 each.The most serious offense Tom has committed is ___________.
Q4) 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) In Texas,a carjacking is treated under the law as a form of ________.
Q2) The Texas criminal trespass statute requires as an element that the accused's entire body come onto the property.
A)True
B)False
Q3) Unlike many other states,Texas has NOT enacted a specific home invasion statute.
A)True
B)False
Q4) 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.
Q5) In Texas,a home invasion is treated as two independent offenses: a burglary and a robbery.
A)True
B)False
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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) Evading arrest is a felony if the actor flees in a motor vehicle.
A)True
B)False
Q2) Lying to a peace officer is a criminal offense only if the lie is intended to deceive the officer and is ________ to a criminal investigation.
Q3) Perjury occurs when an individual knowingly makes a false statement and the statement is required to be made ________.
Q4) Jim's car is parked in front of his home.The house is located on a dead-end street.The house belonging to Jim's neighbor catches fire.When the fire truck arrives it cannot get to the burning house because Jim's car is taking up most of the narrow street.The fire chief asks Jim to move his car.Jim says,"Why should I? I am lawfully parked and my neighbor's house is a rat's nest.Let it burn." Jim is committing no offense by refusing the fire chief's request.
A)True
B)False
Q5) Contributions to political campaigns are generally not considered to violate the bribery statute so long as the public servant receiving the contribution ________ it as required by law.
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Chapter 12: Public Disorder,Indecency,Health,and Safety Offenses
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89 Flashcards
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Sample Questions
Q1) 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.
Q2) A truck drives through a residential neighborhood at 10 pm.The truck has a loudspeaker and a recording is blaring a two-for-one special for a local pizza delivery service.Several residents call the police and complain about the noise.A police officer would correctly tell the residents that nothing can be done because the announcement is protected by the First Amendment.
A)True
B)False
Q3) Jay goes to a location in the city where prostitutes are known to congregate.He approaches Sandra,who is standing on the street corner,and says,"I will give you $20 for oral sex." Sandra responds,"$25!" Jay says,"O.K." Both Jay and Sandra have violated the prostitution statute.
A)True
B)False
Page 14
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Chapter 13: Intoxication Offenses
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58 Flashcards
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Sample Questions
Q1) A primary element of the offenses of public intoxication,driving while intoxicated,intoxication assault,and intoxication manslaughter is that the offender was intoxicated at the time of the offense.Explain the definition of the term "intoxicated" under Texas law.
Q2) To establish that an accused has committed the offense of driving while intoxicated (DWI),the prosecution is required to prove that the accused knew he or she was intoxicated.
A)True
B)False
Q3) Because he has a revoked driver's license,John is driving his riding lawnmower on a neighborhood sidewalk on his way to a nearby convenience store.John is intoxicated.John is not committing the offense of driving while intoxicated (DWI)because he is not on the roadway.
A)True
B)False
Q4) In driving while intoxicated cases,the most common method of determining whether or not the motorist is intoxicated is by measuring the relative amount alcohol in a sample of the suspect's ________.
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Page 15
Chapter 14: Preparatory Offenses and Organized Criminal Activity
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Sample Questions
Q1) Ken places a $100,000 bet on the outcome of the national college football championship game with Ted,a well-known bookmaker.Ken loses the wager.Jeremy,a police officer assigned to the vice squad,learns of the illegal wager.If Jeremy decides to file criminal charges against Ken and Ted,Jeremy should remember that:
A)the Holloway Rule will prevent Ken from being convicted of illegal gambling.
B)Jacob's Theory will prevent Ted from being convicted of illegal promotion of gambling.
C)Wharton's Rule will prevent Ken and Ted from being convicted of conspiracy to violate the gambling laws.
D)the Doctrine of Mutual Merger will prevent Ken and Ted from being convicted of any offense related to the wager.
Q2) Current Texas law limits the application of the criminal solicitation statute to capital felonies and felonies of the first degree.Anecdotal evidence suggests that virtually all criminal solicitation prosecutions involve solicitation of murder or capital murder.Should the criminal solicitation statute be expanded to cover the solicitation of any felony offense? Why or why not?
Q3) ________ is a statutory defense to a charge of criminal conspiracy even after the overt act has occurred.
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Page 16
Chapter 15: General Defenses and Justification
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Sample Questions
Q1) Police officers who execute an arrest warrant have not committed kidnapping because of the legal justification called public ________.
Q2) Several statutory excuses that an accused might use to gain an acquittal at trial appear in the Texas Penal Code.Some of these excuses,such as insanity and duress,place the burden on the defendant to not only raise the issue at trial but to establish the excuse by the preponderance of the evidence.These excuses are known as:
A)affirmative defenses.
B)exceptions.
C)duck and cover defenses.
D)behavioral negations.
Q3) Conduct that is legally justified or excused results in a complete acquittal to a criminal charge.
A)True
B)False
Q4) Under the Texas law of self-defense,an individual has no duty to ________ prior to using force against another.
Q5) Briefly explain the three elements that must be proven by a defendant to establish the insanity defense.
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Chapter 16: Federal Criminal Law
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Sample Questions
Q1) A special form of conspiracy statute found in federal law is known by the acronym RICO.The letters RICO stand for:
A)Racially Involved Community Operations.
B)Racketeer Influenced Corrupt Organizations.
C)Relatively Influential Criminal Operatives.
D)Radical Immigrant Conspiratorial Organization.
Q2) In addition to criminal penalties,the federal RICO Act provides for use of special ________ remedies to be used to insure justice is served.
Q3) Because of constitutional restrictions,the federal kidnapping statute requires,as an element of the offense that must be proven,that the victim be:
A)under the age of 14.
B)transported in interstate or foreign commerce.
C)a federal employee or federally elected official.
D)a legal resident of the United States.
Q4) Acts of terrorism can violate both federal criminal law and the Texas Penal Code.
A)True
B)False
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