Criminal Justice System in Texas Exam Review
Course Introduction
This course provides an in-depth exploration of the structure and functioning of the criminal justice system in Texas, covering the roles and interactions of law enforcement, courts, and corrections within the state. Students will examine the historical development of Texass criminal justice system, the unique features of its legal framework, and the impact of state policies on crime rates and public safety. The course also addresses current challenges such as policing practices, sentencing laws, and prison reform, while emphasizing the influence of political, social, and cultural factors on justice administration 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
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Sample Questions
Q1) 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.
Q2) An important concept in American criminal law is the principle of stare decisis.A synonym for the principle of stare decisis is:
A)the rule of primogeniture.
B)the rule of legal precedent.
C)the rule in Shelly's case.
D)the rule of three.
Answer: B
Q3) The principle of __________ means that no crime occurs without the existence of a previously enacted law.
Answer: legality
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3
Chapter 2: Elements of a Crime
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66 Verified Questions
66 Flashcards
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Sample Questions
Q1) 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
Q2) 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
Q3) Joe purposely sets fire to Bill's house.The wind shifts and the fire spreads to Becky's home,destroying it.As to the destruction of Becky's house,Joe:
A)has no criminal responsibility because he did not intend to destroy Becky's house.
B)is criminally responsible because of the Pinkerton Rule.
C)is criminally responsible because of the doctrine of primogeniture.
D)is criminally responsible because of the doctrine of transferred intent.
Answer: D
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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) 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
Q2) No violation of the double jeopardy clause occurs if an offender is prosecuted for two crimes arising for the same factual incident so long as each offense requires proof of an additional ________ that the other does not.
Answer: element
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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5
Chapter 4: Parties to Offenses
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37 Verified Questions
37 Flashcards
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Sample Questions
Q1) Carl asks Sam if he can borrow Sam's shotgun to go hunting.Sam agrees to loan the weapon to Carl.The next day,however,instead of going hunting,Carl uses the shotgun to commit an armed robbery of a liquor store.As to Sam's criminal liability it is correct to say that:
A)Sam has no criminal responsibility because he did not intentionally assist Carl in committing the robbery.
B)Sam is criminally responsible for the robbery because he knowingly provided Carl the shotgun.
C)Sam is criminally responsible for aggravated assault with a deadly weapon but not robbery because he could have foreseen Carl committing an aggravated assault but not a robbery.
D)Sam is criminally responsible for Carl's robbery because everyone knows that a shotgun is a deadly weapon and could be used to rob another person.
Q2) A criminal defendant cannot be convicted solely on the ___________ testimony of his partner in crime.
Q3) 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 Texas law,a person in a vegetative state is considered to be legally dead for the purposes of the criminal homicide statutes.
A)True
B)False
Q2) 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
Q3) The Texas criminal homicide statutes punish the unlawful killing of an "individual." Which of the following is a factor that must be established to prove the victim meets the statutory definition of an "individual"?
A)Victim was a human being.
B)Victim had been born at time of infliction of fatal wound.
C)Victim took at least one breath outside the womb.
D)All of the above are statutory elements of the definition of an "individual."
Q4) All homicides are criminal acts.
A)True
B)False
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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) Ron,angry at Donald,swings his fist at Donald in an attempt to punch him in the face.Donald ducks and the swing misses.Ron has committed no crime because the punch caused no harm.
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) 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 ______.
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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) In specific fact situations where an individual is assisting a fugitive in escaping detection by the police,the hindering apprehension of prosecution statute (Sec.38.05)may overlap the ______(two words)statute.
Q2) 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
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) 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?
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9
Chapter 8: Property Destruction Offenses
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59 Verified Questions
59 Flashcards
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Sample Questions
Q1) Under Texas law,for arson to occur an actual burning of someone else's property,no matter how slight,must occur.
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) Under Texas law,which of the following is always a legal defense to a charge of arson?
A)The fire is part of a controlled burn on open-space land.
B)The individual setting the fire is the sole owner of the property being destroyed.
C)The property being destroyed is no longer suitable for human habitation.
D)None of the above is always a legal defense to a charge of arson
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.
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Chapter 9: Theft,Fraud,and Related Offenses
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83 Verified Questions
83 Flashcards
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Sample Questions
Q1) The actus reus of the unauthorized use of a vehicle statute is whether the accused ________ the vehicle.
Q2) Joan is arrested for driving while intoxicated.While searching her vehicle,the arresting officer discovers a dozen birth certificates for other persons as well as several partially completed applications for credit cards.The officer would correctly assume that Joan may be engaging in identity theft.
A)True
B)False
Q3) Under Texas law,theft of a firearm valued at $350 is a ________ level offense.
Q4) Amanda is shopping in the local discount store.She observes a blouse she likes.However,the blouse is more than she is willing to spend.Amanda takes the blouse into the dressing room and puts it on.She then puts on her own blouse to conceal the new one.As she approaches the exit to the store,Amanda is stopped by store security personnel.Amanda has committed:
A)theft.
B)no offense because she had not left the store with the blouse.
C)no offense because she was not first asked to pay for the blouse.
D)unlawful concealment of merchandise.
Q5) Under Texas law,theft of a single head of cattle 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) When Mona stops her car at a traffic signal,Jay,holding a knife,jumps into the car intending to kidnap and sexually assault Mona.Thinking quickly,Mona jumps out of the vehicle and flees.Jay has committed burglary of vehicles because he entered the vehicle without the owner's effective consent with _____ to commit a felony.
Q2) One method of committing robbery is by the offender obtaining property by placing the victim in fear of \(\underline{ (\text { two words })}\).
Q3) The terms "enter" and "entry" are defined somewhat differently in the offenses of burglary,burglary of vehicles,burglary of a coin-operated machine,and criminal trespass.In which of the aforementioned offenses is an entry of the entire body required before the offender has entered or made an entry?
A)burglary
B)burglary of vehicles
C)burglary of a coin-operated machine
D)criminal trespass
Q4) Under Texas law,not all trespasses to property are criminal acts.
A)True
B)False
Q5) 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 Flashcards
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Sample Questions
Q1) Perjury occurs when an individual knowingly makes a false statement and the statement is required to be made ________.
Q2) To constitute the offense of aggravated perjury,the false statement made by a courtroom witness must be one that could affect the outcome of the proceedings.
A)True
B)False
Q3) 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
Q4) The offense of resisting arrest can be committed only by the individual being arrested.
A)True
B)False
Q5) In order to commit the offense of escape,the suspect must first be in ________.
Q6) It is no defense to a charge of resisting arrest that the arrest was ________.
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) Fred and Leroy,17-year-old seniors,set off a "stink bomb" in the high school cafeteria.Everyone exits the cafeteria due to the foul odor.Fred and Leroy have committed disorderly conduct.
A)True
B)False
Q2) A classroom at a private university is considered to be a public place under Texas law.
A)True
B)False
Q3) Greg is graduating from college.As he walks across the stage to receive his diploma he makes an obscene gesture at the university president.The angry president grabs Greg for a moment and then releases him.Greg has committed disorderly conduct because he made an offensive gesture in a public place.
A)True
B)False
Q4) Under Texas law,the penalty for possession of a controlled substance is the same penalty as delivery of a controlled substance.
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) 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 ________.
Q2) A state trooper observes Lance riding his bicycle on the Interstate Highway.As the trooper's vehicle approaches the biker,Lance crashes his bicycle into the side of the patrol vehicle.Lance falls to the ground.The trooper immediately observes that Lance is severely intoxicated.The trooper would be legally justified in arresting Lance and charging him with:
A)public intoxication.
B)driving while intoxicated.
C)intoxication assault.
D)all of the above offenses.
Q3) The Texas public intoxication statute authorizes justice personnel to divert intoxicated individuals away from the justice system.
A)True
B)False
Q4) The power to divert intoxicated individuals away from the justice system is consistent with the ________ philosophy of the public intoxication statute.
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Page 15
Chapter 14: Preparatory Offenses and Organized Criminal Activity
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72 Verified Questions
72 Flashcards
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Sample Questions
Q1) Alvin,Theodore,and Raymond decide to rob a convenience store.They enter the store,demand money,and escape with their loot.They are subsequently identified and arrested.At trial,each of the three could be found guilty of robbery but cannot be found guilty of conspiracy to commit robbery because they successfully completed the intended crime.
A)True B)False
Q2) Criminal attempt normally involves a specific intent to commit a substantive offense and an ________ that falls short of the completion of the intended offense.
Q3) Under Texas law,prosecutions for criminal conspiracy are limited to conspiracies to commit ________ offenses.
Q4) 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
Q5) Inherent impossibility is a defense to a charge of criminal attempt.
A)True B)False
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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) Under Texas law,a homeowner may NOT use deadly force to prevent a burglary unless the burglar is threatening to use deadly force against the homeowner.
A)True
B)False
Q2) Should the age for general criminal responsibility be raised from 17?
Q3) A person is justified in using force in self-defense only to resist another's use of unlawful force.
A)True
B)False
Q4) Conduct that is legally justified or excused results in a complete acquittal to a criminal charge.
A)True
B)False
Q5) Ignorance of the existence of a criminal statute is no defense to the charge of violating that statute.
A)True
B)False
Q6) Texas follows a variation of the ________ Rule as the test of insanity.
Q7) Should degrees of deadly force be established?
Page 17
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Chapter 16: Federal Criminal Law
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47 Verified Questions
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Sample Questions
Q1) A federal misdemeanor violation based on the Assimilative Crimes Act is punishable only by a fine.
A)True
B)False
Q2) List three of the most common categories of federal criminal charges.
Q3) Acts of terrorism can violate both federal criminal law and the Texas Penal Code.
A)True
B)False
Q4) Explain the federal Assimilative Crimes Act and how it is used in Texas.
Q5) Which of the following criminal offenses is specifically mentioned in the U.S.Constitution?
A)murder
B)larceny
C)rape
D)crimes on the high seas
Q6) Assassination of the President is the only crime specifically mentioned in the U.S.Constitution.
A)True
B)False
Page 18
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