Texas Criminal Procedure
Final Exam
Course Introduction
Texas Criminal Procedure offers an in-depth examination of the rules and laws governing the criminal justice process in Texas, from investigation and arrest through trial, sentencing, and appeals. The course covers key statutes in the Texas Code of Criminal Procedure, explores constitutional protections, and compares state-specific practices to federal procedures. Students will analyze topics such as the roles of law enforcement, magistrates, defense counsel, and prosecutors, as well as search and seizure, bail, grand jury proceedings, plea bargaining, and post-conviction remedies. Emphasis is placed on understanding both procedural steps and policy considerations that impact the administration of justice in Texas courts.
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) 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) List and briefly describe the three objectives of the Texas Penal Code that seek to insure the public safety.
Answer: The three objectives of the Texas Penal Code that seek to insure the public safety are:
-General deterrence
-Rehabilitation
-Specific deterrence
Answer should clearly explain the concepts.
Q3) The use of discretion by the police when enforcing the criminal law is legally permissible.
A)True
B)False
Answer: True
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3
Chapter 2: Elements of a Crime
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Sample Questions
Q1) Offenses committed with the culpable mental state of __________ are generally viewed as the most serious in society.
Answer: intent
Q2) An offense which punishes the individual for being something rather than doing something is known as a:
A)victimless crime.
B)de facto crime.
C)punitive crime.
D)status offense.
Answer: D
Q3) If a statute criminalizes conduct only if it occurs in a public place or within public view,this limitation would be considered to be an ______________ circumstance.
Answer: attendant
Q4) The word "concurrence" as an element of a criminal offense refers to the relationship in _______ between the conduct and the culpable mental state.
Answer: time
Q5) The Latin term actus reus refers to the __________ element of an offense. Answer: conduct
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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 various forms of County Court hold jurisdiction over Class A and Class B misdemeanor trials.
A)True
B)False
Answer: True
Q2) When a Texas peace officer is permitted to file formal criminal charges with the court without prior approval of the prosecutor,this is known as:
A)subordinate prosecution.
B)direct filing.
C)open charging.
D)bypass prosecution.
Answer: B
Q3) Depending on the particular Texas county where a misdemeanor charge is filed,the prosecution of the case will be the responsibility of the district attorney or the __________ attorney.
Answer: county
Q4) In Texas,the ___________ Court is the sole venue for trials involving felony offenses.
Answer: District
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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) 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.
Q3) 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
Q4) Criminal responsibility for the conduct of another is known as _________ liability.
Q5) 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?
Q6) The respondeat superior theory may be used to hold Texas corporations criminally responsible only for ______________ level offenses.
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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) John is driving his sports car at 110 miles an hour in a 45 mile per hour speed zone.The roadway is a windy and hilly rural two-lane road.The sports car tops a hill just as a farmer pulling a wagon with a tractor is crossing the road just beyond the crest of the hill.John is unable to avoid the tractor and crashes into it.The farmer is killed instantly as is a farmhand who is riding on the trailer.Under Texas law,the most serious offense John has committed is:
A)capital murder because he killed two individuals in the same incident.
B)murder because at high speed an automobile is considered a deadly weapon.
C)manslaughter because operating the automobile at such a high speed under those road conditions constitutes reckless behavior.
D)no offense because the deaths were an accident.
Q2) The crime of murder under the Texas Penal Code is committed only if the accused intentionally causes the death of another individual.
A)True
B)False
Q3) What complications of proof might arise in prosecuting an individual for killing an unborn fetus?
Q4) Under the Texas Penal Code,human life begins at the point of _____________.
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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) To avoid possible charges of assault during legitimate scientific or medical experimentation,_________ is usually obtained from the participants in the experiment.
Q2) Jake and Phillip get into an argument about who will take Rhonda to the fraternity dance.The argument results in a fistfight in the parking lot.Normally,such cases do not result in assault charges because both parties assume the other has consented to be assaulted.
A)True
B)False
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) Texas court cases have determined that in particular factual circumstances alcohol,hot coffee,and a tree branch were all deadly weapons based on their __________ of ____.
Q5) Sending another person an email that threatens serious bodily injury is the offense labeled ________ threat.
Q6) The cornerstone issue in sexual assault of an adult is the question of ________.
Page 8
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Chapter 7: Kidnapping and Related Offenses
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44 Flashcards
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Sample Questions
Q1) Under Texas law,if a deadly weapon is used in the course of a kidnapping,the offense elevates to aggravated kidnapping.
A)True
B)False
Q2) A biological parent of a child is excluded by statute from persons who can be prosecuted for interference with child custody.
A)True
B)False
Q3) Is the offense of kidnapping redundant to the offense of aggravated kidnapping? In other words,are two distinct sets of behavior covered by the two offenses or does aggravated kidnapping essentially cover all such activities?
Q4) A person who is in the business of smuggling undocumented aliens into the state violates the \(\underline{ (\text { two words })}\) statute.
Q5) Texas law treats the unlawful smuggling of undocumented workers from Mexico into the state as a form of aggravated kidnapping.
A)True
B)False
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Chapter 8: Property Destruction Offenses
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59 Flashcards
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Sample Questions
Q1) If Ronald,an urban gang member,uses aerosol paint to "tag" a highway overpass,his conduct violates the Texas graffiti statute.
A)True
B)False
Q2) Under the Texas law of arson,a "habitation" must have which of the following attributes?
A)It must have four walls,a roof,and at least one door and one window.
B)It must be capable of igniting at 350°F or greater.
C)It must be adapted for overnight accommodation of persons.
D)It must be affixed to the earth in at least two locations.
Q3) Should petty acts of vandalism constitute a Class C misdemeanor irrespective of whether they cause monetary loss or substantial inconvenience to the property owner? For example,should toilet papering a house,rearranging yard displays,writing on windows with white shoe polish,and the like be penalized or are these types of activities essentially harmless pranks not sufficiently worthy of state protection?
Q4) An arson occurs if the owner of a vehicle uses fire to destroy the vehicle and the vehicle is subject to a \(\underline{ (\text { two words })}\).
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Chapter 9: Theft,Fraud,and Related Offenses
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83 Verified Questions
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Sample Questions
Q1) If the value of stolen property cannot be reasonably ascertained,the penalty for theft of that property will be determined by trial jurors who must decide its value in response to a special question they answer if rendering a guilty verdict.
A)True
B)False
Q2) Chelsea,a 22-year-old,is addicted to heroin.She frequently steals items to resell in order to get money to support her addiction.One day she takes her grandmother's $825 Social Security check and signs the grandmother's name on the back.She then gives the check to Freddie,her boyfriend,who agrees to try to cash it.At the bank the teller becomes suspicious of Freddie when he presents the check.The teller refuses to cash the check and summons the bank security guard.The guard detains Freddie until the police arrive.The most serious offense Chelsea has committed is:
A)theft because she took the check without the grandmother's effective consent.
B)forgery because she completed the check with intent to defraud the bank.
C)issuance of bad check because the check lacks a valid endorsement.
D)criminal simulation because she simulated her grandmother's signature.
Q3) The actus reus of the Texas theft statute is a(n)____________.
Q4) Under Texas law,theft of a firearm valued at $350 is a ________ level offense.
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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) Phillip is an undercover peace officer assigned to look for pickpockets at the county fair.He observes Frank deftly lift Sheila's wallet from her open purse.Phillip approaches Frank and identifies himself as an officer.At that moment Frank shoves Phillip down and takes off running.Phillip,unhurt,leaps to his feet and gives chase.He tackles Frank and places him under arrest.A search of Frank reveals Sheila's wallet and a .32 pistol in his jacket pocket.Frank has committed:
A)aggravated robbery because he assaulted a peace officer while committing a theft.
B)robbery because he committed an assault in the immediate flight from a theft.
C)aggravated robbery because he was in possession of a deadly weapon while committing a felony theft.
D)theft,not robbery,because the element of assault with bodily injury is missing.
Q2) Under Texas law,a home invasion (forcible entry into a residence for the purposes of robbing the occupants)is prosecuted as the offenses of robbery and _________.
Q3) If Jack threatens to beat up Jill unless she gives him $100,Jack has committed the felony offense of __________.
Q4) In Texas,a carjacking is treated under the law as a form of ________.
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Page 12
Chapter 11: Offenses Against Government Operations
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Sample Questions
Q1) Using force to prevent a police officer from making an arrest is the offense of resisting arrest.Efforts to prevent such an arrest without using force likely violate the interference with public duties statute.
A)True
B)False
Q2) Ralph shoplifts a wristwatch at the mall.A private security officer sees the incident and detains Ralph while the police are summoned.While awaiting the arrival of a police officer,Ralph darts away from the security officer and flees the mall.Ralph has committed the offense of escape.
A)True
B)False
Q3) Mac,the mayor of a small Texas town,is eating lunch at a local diner.Josh,a friend of his,joins him at the table for a visit.When the two are ready to leave,Josh says,"Let me pay for your lunch." Mac thanks him.Under these facts,both Mac and Josh have violated the bribery statute.
A)True
B)False
Q4) The crime of escape is based on an unlawful ________ from custody.
Q5) 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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Sample Questions
Q1) Renee owns and operates a massage parlor.The massage parlor is actually a front for a prostitution business.Renee oversees six different women who primarily work as prostitutes.She provides them a room in her parlor and receives a percentage of the fees they charge.After several weeks of undercover investigation,the police raid the massage parlor and arrest Renee and the other women.Under Texas law Renee has committed:
A)prostitution.
B)aggravated promotion of prostitution.
C)unlawful solicitation.
D)operating a bawdy house.
Q2) To celebrate New Year's Day,at the stroke of midnight Rafael goes outside and fires his pistol into the air four times.He has committed no crime so long as he is standing on his own property when he discharges the firearm.
A)True
B)False
Q3) Texas statute defines the phrase "unreasonable noise" as any sound that exceeds 50 decibels for at least one minute.
A)True
B)False
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Chapter 13: Intoxication Offenses
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58 Verified Questions
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) One evening,Kevin,a campus police officer,observes Jack,a 26-year-old graduate student,walking across campus.Jack appears to be having trouble maintaining his balance and sense of direction.Kevin approaches Jack and can immediately see that Jack is intoxicated.Kevin asks Jack where he is going and Jack responds that he is walking to his off-campus apartment where he resides with his wife.Which of the following actions may Kevin lawfully take in this situation?
A)arrest Jack and transport him to the local emergency room to draw a blood sample
B)transport Jack to his apartment and release Jack into the care of his wife
C)arrest Jack for disorderly conduct and transport him to jail
D)issue Jack a written warning and order him to report to the graduate dean's office on Monday morning
Q3) To commit the offense of public intoxication,the individual must be intoxicated in a ________ to the degree that he may endanger himself or another.
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Page 15
Chapter 14: Preparatory Offenses and Organized Criminal Activity
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Sample Questions
Q1) To be convicted of violating the Texas statute prohibiting engaging in organized crime,at least three persons must have banded together to commit one or more of the statutorily specified felonies.
A)True
B)False
Q2) The plurality requirement renders it impossible to convict a person of criminal conspiracy if all other members of the alleged conspiracy previously have been found not guilty.
A)True
B)False
Q3) To violate the Texas statute prohibiting use of a criminal instrument,an individual must simply have used any tool,other than a firearm,to facilitate commission of a felony offense.
A)True
B)False
Q4) 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.
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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Sample Questions
Q1) Jake steals a car to go joyriding.Two hours later he is stopped by the police and taken into custody.At the police station,it is determined that Jake is 15 years old.Jake will NOT be prosecuted in the adult justice system for the automobile theft because he has the legal excuse of age,also known as ________.
Q2) Late one night Brett hears a car alarm sounding outside his home.He peers out the window and sees two young men attempting to break into his pick-up truck.He grabs his shotgun and steps outside.Brett shouts at the two individuals.They immediately turn and run away.Brett decides to fire the shotgun over their heads as a warning.Unfortunately,one of the shotgun pellets strikes Freddie,who is only 16 years old.Freddie suffers permanent brain damage.A police investigation determines that the two would-be thieves never gained entry to the truck's cab.Under these facts,Brett was legally justified in using deadly force against Freddie.
A)True
B)False
Q3) A person is justified in using force in self-defense only to resist another's use of unlawful force.
A)True
B)False
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Chapter 16: Federal Criminal Law
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Sample Questions
Q1) 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
Q2) In general,a violation of the federal Patriot Act requires that the crime involve:
A)an American perpetrator.
B)an American victim.
C)an American governmental facility.
D)any of the above.
Q3) Which of the following federal criminal statutes is commonly applied in cases of corrupt public officials?
A)Racketeer Influenced Corrupt Organizations Act.
B)Assimilative Crimes Act.
C)Mann Act.
D)Dyer Act.
Q4) 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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Page 18