Texas Courts and Criminal Procedure
Midterm Exam
Course Introduction
This course provides an in-depth exploration of the structure, function, and procedures of Texas state courts with a particular focus on the criminal justice system. Students will examine the organization of trial and appellate courts, the roles of judiciary and legal practitioners, and the step-by-step process through which criminal cases proceed in Texas. Key topics include arrest, prosecution, plea bargaining, trial procedures, sentencing, appeals, and postconviction remedies, with special attention to the unique statutes, rules, and constitutional provisions that shape criminal procedure in Texas. Through analysis of case law and statutory material, students will gain a comprehensive understanding of how justice is administered at the state level.
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) 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
Q2) By state constitutional mandate,the specific phrase (8 words)must appear in all Texas indictments.
Answer: against the peace and dignity of the state
Q3) With the exception of ______ cases,courts have generally deferred to legislative bodies to determine the appropriate penalty for criminal offenses.
Answer: death
Q4) Murder and theft are examples of malum in se crimes.
A)True
B)False
Answer: True
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) Which element of an offense - the culpable mental state,the conduct,or the resultant harm - is most important to you in determining an offender's penalty? Does your answer differ if the offense is a crime against the person? A crime against property?
Answer: Answers will vary.
-Student answers should note that intentional behavior is regarded as more morally wrong than criminally negligent conduct.
-Students may note that Anglo-American law has long focused on a sliding scale of mens rea and resulting harm to determine offense severity.
-Some students may argue that the intentions of the offender are more important than the resultant harm while others will suggest that the harmful outcome should be the focus.
-The resultant harm is likely to be the primary concern in crimes against person.
-The culpable mental state is likely the primary concern in crimes against property.
Q2) To determine the cause-in-fact in a criminal prosecution,Texas uses the __(two words)___ test.
Answer: but for
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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 legal rule that requires a criminal prosecution be initiated within a specific time after commission of the offense is known as:
A)Wharton's Rule.
B)the rule against perpetuities.
C)the statute of limitations.
D)the Temporal Doctrine.
Answer: C
Q2) 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
Q3) Whether charges must be approved by the prosecutor's office prior to being formally filed varies from county to county.
A)True
B)False
Answer: True
Q4) While referred to generally as "hate crimes," Texas law labels these forms of offenses as ______ crimes.
Answer: bias
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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) Criminal responsibility for the conduct of another is known as _________ liability.
Q2) Mike's presence at a crime scene coupled with his verbal encouragement of Jeremy to commit a crime is sufficient for Mike to be held criminally responsible for Jeremy's illegal conduct.
A)True
B)False
Q3) A criminal defendant cannot be convicted solely on the ___________ testimony of his partner in crime.
Q4) 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?
Q5) 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
Q6) The respondeat superior theory may be used to hold Texas corporations criminally responsible only for ______________ level offenses.
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6
Chapter 5: Criminal Homicide
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96 Verified Questions
96 Flashcards
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Sample Questions
Q1) Ken's family lives in the suburbs.His backyard is a favorite dining spot for armadillos.One evening,upon spotting an armadillo in the yard,Ken grabs his deer rifle and begins shooting at the animal.None of the shots hits the animal but one stray bullet strikes and kills Larry who is mowing his lawn three blocks away.If a jury were to decide that Ken's use of the rifle under these circumstances was reckless behavior,Ken would properly be convicted of ___________ in the death of Larry.
Q2) By using racially charged language,Jacob verbally provokes Cedric into engaging in a fist fight.When Cedric throws the first punch,Jacob draws a knife and stabs Cedric.Cedric dies.Jacob subsequently claims he was merely acting in self-defense but he has actually committed the form of criminal homicide known as ______________.
Q3) In Texas,an intentional or knowing killing can be elevated from murder to capital murder if one of the qualifying circumstances exists.Identify five different statutory circumstances that will elevate a murder to a capital murder.Do NOT answer with examples.
Q4) The two methods of determining whether or not a person is legally dead are ______ death and _________ death.
Q5) Under the Texas Penal Code,human life begins at the point of _____________. To view all questions and flashcards with answers, click on the resource link above. Page 7
Chapter 6: Assault and Sexual Assault
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103 Verified Questions
103 Flashcards
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Sample Questions
Q1) To constitute assault by contact,the offender must engage in physical contact with another and know that the other person will find the contact _______ or _______.
Q2) 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
Q3) One reason patients sign medical releases prior to surgery is to prevent claims of criminal assaultive conduct against the physician.
A)True
B)False
Q4) Which of the following is a required element of the Texas stalking statute (Sec.42.072)?
A)the harassing conduct must occur on more than one occasion
B)the victim must be acquainted with the offender
C)the offender must use some form of electronic communication to harass the victim
D)the harassing conduct must occur within visual sight of the victim
Q5) Express or apparent ________ is a defense to the charge of sexual assault.
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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) Police officers interrupt Jack's effort to rob a fast food restaurant.Jack grabs a customer and uses her for a shield in an attempt to escape.In addition to the robbery offense,Jack is also committing aggravated ____________.
Q2) A child under age ___ is legally incapable of consenting to being restrained for purposes of the unlawful restraint statute.
Q3) If an abduction victim is held for ransom,the offense elevates to ___________ kidnapping.
Q4) Under the Texas kidnapping statute,the element of secreting the victim is treated as part of the offense's mens rea not its actus reus.
A)True
B)False
Q5) 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.
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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) If made without the railroad's consent,spray painting designs with artistic value on company boxcars is a violation of the graffiti statute.
A)True
B)False
Q2) 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 valuable lamp belonging to the hotel.As to the broken lamp Bob and Ray have committed:
A)criminal mischief.
B)reckless damage or destruction.
C)negligent damage or destruction.
D)no offense because the breaking of the lamp was an unintended result of the scuffle.
Q3) The Texas arson statute penalizes persons who start a _____ or cause an _________ under certain specified circumstances.
Q4) To avoid potential free speech issues,the Texas anti-graffiti law is ____(two words)_______.
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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) The crime of issuance of bad check is a strict liability offense for which proof of no culpable mental state is required.
A)True
B)False
Q2) The elements of the Texas theft of service statute require that an individual intend to avoid payment for a service by securing performance of the service through deception,threat,or \(\underline{ (\text { two words })}\)_.
Q3) 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
Q4) Credit card abuse can be committed only if the offender uses the actual credit card of another person without the owner's effective consent.
A)True
B)False
Q5) Explain the difference between forgery of a check,theft by check,and issuance of a bad check.
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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) For a robbery to exist,the state must prove that the assaultive element occurred at the exact same time as the theft element of the offense,otherwise the offense is merely theft from the person.
A)True
B)False
Q2) Under the law of burglary,entry is established when the _______ of the house is broken.
Q3) For the offense of burglary to occur,the offender must either ______ a building or remain concealed in the building without the effective consent of the owner with intent to commit a felony,theft,or ________.
Q4) A robbery elevates to an aggravated robbery if the victim is ____ years of age or older.
Q5) Jose enters a department store during business hours.He hides in a storeroom until the store closes.An hour after the closing,Jose helps himself to various articles of clothing and jewelry.He then breaks a glass door and flees the area with the merchandise.Jose's conduct constitutes the crime of burglary because he _____(two words)____ in the building and committed theft.
Q6) Burglary of a travel trailer is viewed under Texas law as a burglary of a __________.
Page 12
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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) It is no defense to a charge of resisting arrest that the arrest was ________.
Q2) If Wesley tries to interfere with the efforts of a deputy constable who is attempting to evict Wesley's neighbor from her apartment due to non-payment of rent,Wesley commits the offense of ________ with public duties.
Q3) Influencing a public servant's conduct by the offer of sexual favors violates the bribery statute.
A)True
B)False
Q4) Evading arrest is a felony if the actor flees in a motor vehicle.
A)True B)False
Q5) Kyle and Roger don Halloween masks and rob the First National Bank.Upon escaping they go to the home of their friend Harry.Harry owes Roger a favor so Harry agrees to dispose of the masks.Subsequently,Harry burns the masks in his barbeque grill.Harry has committed no offense because he received no financial benefit in destroying the evidence.
A)True B)False
Q6) The crime of escape is based on an unlawful ________ from custody.
Page 13
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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) Every Texan over the age of 21 may lawfully carry a handgun for self-protection so long as the handgun is concealed.
A)True
B)False
Q2) Since he was 17 years old,Ralph has carried a .22 caliber pistol in his boot.Ten years later he still has the pistol in his boot.One night he is arrested for public intoxication.The arresting officer discovers the pistol.In addition to the public intoxication charge,the officer is likely to charge Ralph with unlawful ________ of a weapon.
Q3) List four prohibited weapons.Why is ownership of these items by the average Texan illegal?
Q4) An offense is considered to have occurred in a public place if the illegal behavior is viewable from a public place.
A)True
B)False
Q5) Paul is the neighborhood Peeping Tom.At night he goes into Mary's backyard and peers through her bedroom window as she changes clothes.While Paul gains sexual gratification in watching Mary change clothes,he is also violating the ________ statute.
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Chapter 13: Intoxication Offenses
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58 Flashcards
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Sample Questions
Q1) To be convicted of driving under the influence (DUI),in addition to the other elements of the offense the prosecution must establish that the accused driver was under ________ years of age.
Q2) A key element of the offense of driving while intoxicated is that the accused was ________ a motor vehicle in a public place while intoxicated.
Q3) The Texas public intoxication statute authorizes justice personnel to divert intoxicated individuals away from the justice system.
A)True
B)False
Q4) Which of the following is a correct legal definition of "intoxicated" according to the Texas Penal Code?
A)being unable to walk and maintain normal balance due to the ingestion of any substance
B)not having normal physical coordination due to ingestion of alcohol or illicit drugs
C)having a blood alcohol concentration of 0.08 or more
D)lacking sufficient psychological and physiological control of the body to function in an ordinary manner
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Chapter 14: Preparatory Offenses and Organized Criminal Activity
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72 Verified Questions
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Sample Questions
Q1) Criminal attempt normally involves a ________ to commit a substantive offense and an act that falls short of the completion of the intended offense.
Q2) Late one night the police discover Warren,a known drug abuser,throwing a brick at the window of a closed pharmacy.Warren throws the brick several times before the police intercede.When questioned,Warren admits he was trying to break into the pharmacy to obtain drugs.Unknown to Warren,the pharmacy was equipped with shatter-resistant glass.Warren has committed:
A)criminal conspiracy (burglary)because he engaged in an overt act in furtherance of his efforts to enter the pharmacy.
B)criminal attempt (possession of a controlled substance).
C)no offense due to factual impossibility because it was physically impossible for him to break into the pharmacy.
D)criminal attempt (burglary)because the fact he could not break the glass is no defense.
Q3) 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.
Q4) ________ 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 Flashcards
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Sample Questions
Q1) Sheila is charged with the manufacture of a controlled substance.At trial,her defense attorney convinces the judge that Sheila was entrapped into the endeavor.The judge agrees that the conduct of the police in the case was so outrageous that their behavior constituted entrapment.Because the judge ruled that Sheila was entrapped:
A)a mistrial will be declared and she must be re-tried within 180 days.
B)she will be convicted of the charge but is entitled to the minimum possible sentence other than probation.
C)she is legally entitled to be convicted only of possession of the controlled substance. D)she is not guilty of the charge and entitled to be released from jail.
Q2) In Texas,a reasonable mistake of fact as to the age of a sexual partner is a defense to the crime of sexual assault of a child.
A)True
B)False
Q3) A criminal defendant is entitled to a not guilty verdict if she establishes in court that her conduct was legally ________ or justified.
Q4) Texas follows a variation of the ________ Rule as the test of insanity.
Q5) Should degrees of deadly force be established?
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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) If a civilian delivery truck driver violates the traffic laws on a military base such as Fort Hood,no means exists to cite him or otherwise hold him accountable for the violations.
A)True
B)False
Q2) An intention to intimidate or coerce a civilian population is an element of the FBI's definition of both domestic and international terrorism.
A)True
B)False
Q3) 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
Q4) Under the federal RICO Act,a pattern of racketeering activity is shown if the accused has committed at least two related ________ offenses with a 10-year period.
Q5) List three of the most common categories of federal criminal charges.
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