Texas Criminal Law Study Guide Questions
Course Introduction
Texas Criminal Law explores the substantive criminal law as applied in the state of Texas, emphasizing the Texas Penal Code and related statutes. The course covers the elements of major offenses, principles of criminal responsibility, defenses to criminal charges, and the classification of offenses and punishments. Students will analyze case law and statutory interpretation, discuss the procedural aspects of Texas criminal justice, and evaluate the unique features distinguishing Texas law from federal and other state systems. The course prepares students to understand, apply, and critically assess criminal law in the context of Texas's legal system.
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) A Texas criminal statute can apply to conduct that occurred in another state or foreign country:
A)never.
B)only if the offender is a Texas resident.
C)only if the offender returns to Texas after commission of the crime.
D)only if the conduct or result that is an element of the offense occurred in Texas.
Answer: D
Q2) The land,water,and airspace above the land and water where Texas statutes are enforceable is known as the ___________ jurisdiction of the state.
Answer: territorial
Q3) No crime may be prosecuted without the consent of the human victim of the illegal conduct.
A)True
B)False
Answer: False
Q4) The principle of __________ means that no crime occurs without the existence of a previously enacted law.
Answer: legality
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Chapter 2: Elements of a Crime
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Sample Questions
Q1) 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
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) Which of the following is one of the six traditional factors that are contained within all crimes?
A)malice
B)motive
C)blame
D)penalty
Answer: D
Q4) To determine the cause-in-fact in a criminal prosecution,Texas uses the __(two words)___ test.
Answer: but for
Page 4
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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) In Texas counties using the automated filing system,felony criminal charges bypass the grand jury and are filed by the victim directly with a judge.
A)True
B)False
Answer: False
Q2) Texas law does not explicitly state the amount of evidence a grand jury needs to issue a felony indictment.
A)True
B)False
Answer: True
Q3) Texas law declares certain offenses to be bias crimes if they are committed for statutorily specified reasons.In such cases,the penalty may be enhanced.Which of the following is a reason for commission of a crime which,if proven,could enhance the defendant's punishment?
A)economic status of the victim
B)college affiliation of the victim
C)marital status of victim
D)sexual preference of the victim
Answer: D
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Page 5
Chapter 4: Parties to Offenses
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37 Verified Questions
37 Flashcards
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Sample Questions
Q1) For a corporation to be held criminally responsible for a felonious act in Texas,the act must have been performed or approved by a ________(three words)___________ of the corporation.
Q2) The rule against hearsay prevents one perpetrator of a crime from testifying in court against his partner.
A)True
B)False
Q3) 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?
Q4) Which of the following rules of evidence limit use against her partner of courtroom testimony by a co-principal in a crime?
A)corpus delicit rule
B)accomplice testimony rule
C)rule against hearsay
D)Wharton's Rule
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) Rocco is serving a 20-year sentence in the state prison.He decides to try to escape.He fashions a weapon from a scrap of metal and hides it in his boot.The next day while working on a lawn crew at the warden's home,Rocco makes a run for it.The correctional officer gives chase.Rudy,a passing citizen,notices the incident and joins the chase.Rudy tackles Rocco.In the ensuing scuffle Rocco pulls out the improvised weapon and stabs Rudy three times.A few seconds later the correctional officer subdues Rocco and returns him to custody.Rudy dies of the wounds.Under Texas law,the most serious offense Rocco has committed is:
A)capital murder.
B)murder.
C)manslaughter.
D)none of the above because he was acting in self-defense toward Rudy's conduct.
Q2) Under Texas law,a person is legally dead only when a magistrate formally declares them dead.
A)True
B)False
Q3) Rod,a 17-year-old male afflicted with mental health issues,intentionally murders a neighbor child Juliet.The crime will elevate to capital murder if Juliet were under ___ years old at the time of the murder.
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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) 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.
Q2) Norman is a police officer.He stops Marilyn for driving while intoxicated.He tells Marilyn that he will not arrest her if she performs oral sex on him.Marilyn reluctantly consents and performs the act.Norman has committed sexual assault because he is a ______(two words)____ who coerced Marilyn into consenting to the act.
Q3) Under the Texas law of assault,the term "threat" refers to a communicated intent to inflict harm on another.
A)True
B)False
Q4) If Jeff purposefully strikes Fred and causes Fred to suffer pain,Jeff only commits the crime of assault,not aggravated assault,no matter the intensity or duration of Fred's pain.
A)True
B)False
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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) 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.
Q2) Common Law kidnapping required the element of asportation while the similar element in the Texas law of kidnapping is called _________.
Q3) Under Texas law,kidnapping charges against a robber who takes a hostage may properly be filed only if the robber forcibly moves the hostage more than 100 feet from the point of initial restraint.
A)True
B)False
Q4) Under Texas law,an armed robber who forces his victim to move from one location to another also commits the offense of \(\underline{ (\text { two words })}\).
Q5) The lowest level of kidnapping-type offense in Texas law is labeled unlawful
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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) Jorge is apprehended by police officers as he is tagging several highway signs with spray paint.Jorge was painting his gang's symbols on the signs to show the extent of the gang's territorial claims.Jorge has committed a violation of:
A)the Sherwin-Williams Act.
B)the Texas Transportation Code.
C)the Texas graffiti statute.
D)the Texas anti-gang law.
Q2) Joe is angry at his neighbor Fred for allowing his dog to dig up Joe's flowers.In retaliation,Joe sets fire to Fred's wooden storage shed,which is located in Fred's backyard.Joe has committed the crime of arson instead of merely criminal mischief because the storage shed:
A)is considered part of Fred's residence because it is in the curtilage.
B)is made of combustible materials.
C)might contain explosive materials that could,when ignited,damage Fred's residence. D)could be adapted to overnight accommodations.
Q3) 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.
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Chapter 9: Theft,Fraud,and Related Offenses
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Sample Questions
Q1) If a check is rejected by the bank due to nonsufficient funds in the account,the appropriate criminal charge,if any,is forgery.
A)True
B)False
Q2) The offense of theft involves a person unlawfully appropriating property with intent to deprive the owner of property.Identify the four ways in which property may be appropriated in an unlawful manner and briefly explain each way.
Q3) Rob works for the college's trash collection service.One day he finds in the trash a copy of Shondra's credit card statement.That evening,using the credit card number from the statement,he orders $600 worth of video games from an online seller.Rob has the games sent to his cousin Tom,who resides in another state.The most serious offense Rob has committed is:
A)theft.
B)credit card abuse.
C)criminal simulation.
D)none of the above because he did not receive the video games personally.
Q4) Knowingly leaving a restaurant without paying for the food violates the \(\underline{ (\text { two words })}\) statute.
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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) How might the burglary of a coin-operated machine statute be updated to cover every modern device that dispenses property or services through money or other representations of value such as credit cards?
Q2) John enters a department store fifteen minutes prior to closing time.When no one is watching,John hides among the rack of women's coats.He stays there until the store closes and the employees depart for the evening.About midnight,John grabs three men's suits and an expensive pair of shoes.However,before he can break out of the store with the merchandise he is spied by a security officer who places him under arrest.The most serious offense(s)John has committed is:
A) burglary because he remained concealed in the store with intent to commit theft.
B)burglary because he entered the store without the effective consent of the owner; the owner would not have let him enter if he had known John's purpose was to steal.
C)criminal trespass and theft because he made a lawful entry into the store.
D)attempted burglary because his efforts were unsuccessful.
Q3) Burglary of a habitation is a less serious offense than burglary of a building.
A)True
B)False
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Chapter 11: Offenses Against Government Operations
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Sample Questions
Q1) Trooper Tommy arrests Rocco for driving while intoxicated.Rocco is handcuffed and placed in the back seat of the trooper's vehicle.Trooper Tommy drives to the county jail.At the jail,Rocco,who to this point has been cooperative,changes his attitude.He becomes belligerent and uncooperative.When Tommy tries to remove Rocco from the patrol car,Rocco begins kicking at Tommy and scooting to the far side of the car.Rocco then slides forward and locks his legs around Tommy and will not let go.Trooper Tommy resolves the matter by squirting Rocco with pepper spray.Rocco becomes cooperative.In addition to other possible charges,Rocco has committed:
A)obstruction or retaliation.
B)escape.
C)resisting transportation.
D)evading arrest.
Q2) A person who makes a false statement to a peace officer commits an offense if the statement is made with intent to deceive the officer and is ________ to a criminal investigation.
Q3) Purposeful obstruction of a peace officer,firefighter,or EMT in the performance of their duties is a criminal offense.
A)True
B)False
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Page 13
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) Marla is sitting in her college history class.Her car is parked in the student parking lot.A baggie of marijuana is located in the glove box of her car.Under the law,Marla is in ________ possession of the marijuana.
Q2) Frank does NOT violate the unlawful carrying of weapons statute if he has a handgun in his vehicle or ________.
Q3) George wears a pistol every day.He does not hold a state-issued handgun license.However,George is NOT violating the unlawful carrying of weapons statute if he only wears the pistol while ________.
Q4) Texas statute defines the phrase "unreasonable noise" as any sound that exceeds 50 decibels for at least one minute.
A)True
B)False
Q5) 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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Sample Questions
Q1) To commit the offense of public intoxication,the individual must be intoxicated in a ________ to the degree that he may endanger himself or another.
Q2) 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.
Q3) The offense of driving while intoxicated can only be committed when operating a motor vehicle in a ________ place.
Q4) An individual who is intoxicated in his own home commits no violation of Texas law.
A)True
B)False
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Chapter 14: Preparatory Offenses and Organized Criminal Activity
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Sample Questions
Q1) Under Texas law,a prostitute who is offering sex for money commits the offense of criminal solicitation.
A)True
B)False
Q2) Mary and Jane agree to steal Sheila's new Italian sports car.However,before the two women commit the offense of criminal conspiracy,at least one of them must engage in an ________ in furtherance of the theft.
Q3) George,a locksmith,is always inventing usual devices.He invents a small machine that will open a combination lock without knowing the combination.This machine is useful to locksmiths but could also be used by safecrackers.Texas law does not consider George's invention to constitute a criminal instrument because the device has a
Q4) ________ impossibility is a defense to a charge of criminal attempt.
Q5) Carlos,the leader of a gang,commands Juan,a gang member,to murder Javier another member of the gang because Carlos believes Javier is a police informant.Carlos gives Juan a pistol to accomplish the deed.Juan,however,is not interested in murdering anyone and reports the incident to the police.Juan agrees to testify against Carlos at his trial for criminal ________ arising from the incident.
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Chapter 15: General Defenses and Justification
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Sample Questions
Q1) 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
Q2) In Texas,under normal circumstances,individuals will not be prosecuted in the adult justice system unless they were at least ________ years of age at the time of the criminal act.
Q3) Janice,a college student,takes her final exam in criminal law.As she exits the classroom she picks up her textbook and copy of the penal code.Confident that she passed the class,she heads to the campus bookstore to sell her books for quick cash.When she arrives at the bookstore,Janice discovers that she has inadvertently picked up a classmate's books instead of her own.Janice cannot be convicted of theft of the textbooks because she has the defense of mistake of fact.
A)True
B)False
Q4) Texas follows a variation of the ________ Rule as the test of insanity.
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Page 17
Chapter 16: Federal Criminal Law
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Sample Questions
Q1) Congress is able to expand its power to create criminal laws through use of the ________ and ________ clause in the U.S.Constitution.
Q2) In order to successfully prosecute a RICO Act violation,the federal prosecutor must establish as an element of the offense that the pattern of racketeering affected interstate commerce.
A)True
B)False
Q3) Identify three specific powers of Congress that are used to create a federal criminal law.Give an example of each.
Q4) Crimes against property,such as burglary and theft,are normally not considered to be acts of terrorism even if committed by members of a terrorist organization.
A)True
B)False
Q5) In order to successfully prosecute a RICO Act violation,the federal prosecutor must establish as an element of the offense that the enterprise involved in the case has no legitimate purpose.
A)True
B)False
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