Texas Criminal Justice System Study Guide
Questions
Course Introduction
This course provides an in-depth overview of the Texas criminal justice system, exploring its historical development, structure, and functions within the broader context of state government. Students examine the roles and interactions of key system components, including law enforcement agencies, courts, and corrections in Texas. The course addresses Texas-specific laws, procedures, and policies, as well as contemporary issues such as criminal procedure, juvenile justice, capital punishment, and reform efforts. Emphasis is placed on the practical and legal challenges unique to Texas, enabling students to critically analyze how the state's system compares to other criminal justice systems in the United States.
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 Flashcards
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Sample Questions
Q1) With the exception of ______ cases,courts have generally deferred to legislative bodies to determine the appropriate penalty for criminal offenses.
Answer: death
Q2) The principle of __________ means that no crime occurs without the existence of a previously enacted law.
Answer: legality
Q3) What would be the likely result of enactment of a criminal law that is not supported by the bulk of the population? Provide an example to support your answer.
Answer: Student response should note that laws that lack popular support tend to be ignored or knowingly broken.Student might use the historical examples of the prohibition era or the 55 mile per hour speed limit.Or,the student might cite the current laws on marijuana possession or underage consumption of alcohol.
Q4) 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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66 Flashcards
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Sample Questions
Q1) "Transferred intent" is a necessary element of proof in every criminal homicide prosecution.
A)True
B)False
Answer: False
Q2) Some conduct may constitute a crime only when it occurs at a particular time of day.
A)True
B)False
Answer: True
Q3) Criminal possession of contraband may take either of two forms,actual possession or ___________ possession.
Answer: constructive
Q4) For a crime to occur,a time-based connection must exist between the conduct element and the culpable mental state.
A)True
B)False
Answer: True
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 Texas official responsible for the prosecution of felony cases is the:
A)state's attorney.
B)attorney general.
C)county attorney.
D)district attorney.
Answer: D
Q2) A criminal defendant whose conviction has been overturned on appeal may not be retried for the same offense because to do so would violate the Constitutional prohibition against double jeopardy.
A)True
B)False
Answer: False
Q3) 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
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) Jack and his girlfriend Jill are involved in dealing illegal drugs.The police arrest both.Jill's attorney strikes a deal with the district attorney and she agrees to testify against Jack.For Jill's testimony to be admissible in court against Jack:
A)Jill must have no prior criminal convictions.
B)Jill's testimony must relate solely to drug sales within the previous six months.
C)Jill's testimony must be supplemented with other evidence against Jack.
D)Jill must agree to serve at least 30 days in jail.
Q2) A criminal defendant cannot be convicted solely on the uncorroborated testimony of an accomplice.
A)True
B)False
Q3) An element of the offense that must be established in every crime case where a corporation is the defendant is that the illegal conduct:
A)was approved by the corporation's board of directors.
B)caused personal injury or death,not solely property loss.
C)was performed on behalf of the corporation.
D)created economic gain for the corporation.
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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) ____________ manslaughter is the term used in the traditional American System of Classification of criminal homicides to describe unlawful killings that do not fit within any other category
Q2) Identify and briefly explain the criminal homicide categories found in the traditional American System of Classification.
Q3) In a murder-for-hire case,both the killer and the individual who hired the killer have committed capital murder.
A)True
B)False
Q4) A child darts into the street chasing after a ball.The child is struck by a passing city bus and killed.The operator of the city bus is criminally responsible for the child's death only if the state can prove:
A)the child was under 10 years of age.
B)the bus operator saw the child before the bus struck the child.
C)the bus operator was at least criminally negligent in the operation of the vehicle.
D)the ball was visible in the roadway before the child emerged.
Q5) Under the Texas Penal Code,human life begins at the point of _____________.
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Chapter 6: Assault and Sexual Assault
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103 Flashcards
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Sample Questions
Q1) In Texas,the fists and feet of professional boxers and wrestlers are considered to be per se a "deadly weapon" under the Penal Code.
A)True
B)False
Q2) John and Don approach Carla at a private party being held at Ron's home.Everyone has been drinking heavily and smoking marihuana.John and Don take Carla into an upstairs bedroom and begin to undress her.Carla says,"Stop! I don't want to do this." John and Don ignore her comments.Both engage in sexual intercourse with Carla.The next day Carla reports the incident to the police and the two men are arrested.The prosecutor will likely charge the men with ______(three words)_________ because they acted in concert with each other.
Q3) Throwing a pie into the face of an unsuspecting stranger constitutes the offense of
Q4) To constitute assault by threat,the offender must threaten another with __________ bodily injury.
Q5) In Texas,telephoning a bomb threat to a city council meeting constitutes the offense of terroristic threat.
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) One evening Carl,a 25-year-old street thug,forcibly enters Louise's home.Louise is a 75-year-old female.Carl demands money from Louise.She tells him she has none.Carl asks if she has an ATM card.Fearful of Carl,Louise admits she has such a card.Carl tells Louise,"Go with me to the ATM or you won't live long enough to see the sunrise." Louise and Carl depart to the nearest ATM.Louise uses her card to withdraw $500,which she gives to Carl.Carl departs without otherwise harming Louise.In addition to likely burglary and robbery charges,Carl has also committed the offense of:
A)interference with personal liberty.
B)abduction of an elderly person.
C)aggravated kidnapping.
D)unlawful transport.
Q2) The offense of unlawful transport applies to individuals who place minor children in their motor vehicles without the consent of the minor's parent.
A)True
B)False
Q3) The Texas statute that sanctions improper taking or restraint of children contrary to a court order is titled ___________ with child custody.
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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) 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.
Q2) The offense of criminal mischief occurs if an individual purposefully damages property of another without having obtained ___________ consent from the property owner.
Q3) The Texas anti-graffiti law is content neutral.This means that the nature or meaning of the markings are irrelevant to whether nor not a violation of the statute has occurred.The content-neutral approach is an effort to avoid allegations that the statute violates the:
A)First Amendment.
B)Fourth Amendment.
C)Fifth Amendment.
D)14?? Amendment.
Q4) One way to commit criminal mischief is to intentionally tamper with property and cause pecuniary loss.The word "pecuniary" refers to a loss measurable in __________.
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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) 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.
Q2) 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 ___________.
Q3) Under the Texas theft statute,the penalty level is often determined by the value of the stolen property.Value of stolen property is determined by the\(\underline{ (\text { two words })}\)value of the item.
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) It is impossible to commit the crime of criminal trespass in a city park because the park is public property owned by all citizens.
A)True
B)False
Q2) An essential element of the offense of robbery requires the offender to be in the course of committing _______.
Q3) A robbery elevates to an aggravated robbery if the offender uses or _________ a deadly weapon.
Q4) Jeffrey steals the wheels off of a new sports car.Jeffrey has committed theft but has not committed burglary of vehicles because he has neither broken into nor _______ the vehicle.
Q5) A robbery elevates to an aggravated robbery if the victim is ____ years of age or older.
Q6) Breaking into a standalone ATM machine violates the burglary of a coin-operated machine statute.
A)True
B)False
Q7) Robbery is a compound crime that combines the offense of ______ with the offense of _____
Page 12
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Chapter 11: Offenses Against Government Operations
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91 Flashcards
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Sample Questions
Q1) 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.
Q2) A citizen's failure to report the occurrence of a misdemeanor to a law enforcement officer is NOT a criminal offense in Texas.
A)True
B)False
Q3) The offense of bribery in Texas includes the offering,conferring,accepting,or ________ a bribe in a single statute.
Q4) Peter,a private security guard at the mall,apprehends Greta for shoplifting perfume in the department store.While waiting for the police to arrive,Peter asks Greta her name and address.She tells Peter the name of a classmate and gives an address that she made-up on the spot.Greta's lies constitute a violation of the failure to identify statute.
A)True
B)False
Q5) Perjury occurs when an individual knowingly makes a false statement and the statement is required to be made ________.
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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) Because of the First Amendment freedom of speech requirement,a state may criminalize the words an individual speaks only if the words are either threatening or constitute:
A)action words.
B)offensive words.
C)fighting words.
D)vulgar words.
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) John goes to a bar and over the course of the evening engages in conversation with Pat.At closing time,John says to Pat,"Why don't we go to my place and have sex?" Pat says,"Great idea." No crime has occurred so long as John or Pat do not receive a ________ for the sex act.
Q4) Frank does NOT violate the unlawful carrying of weapons statute if he has a handgun in his vehicle or ________.
Q5) Much disorderly activity becomes a crime only if it occurs in a ________.
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Chapter 13: Intoxication Offenses
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58 Flashcards
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Sample Questions
Q1) The Texas Legislature has explicitly eliminated the necessity of proving a culpable mental state in cases involving public intoxication.
A)True
B)False
Q2) The BAC standard is the measure used to determine whether or not a driver is intoxicated on cocaine.
A)True
B)False
Q3) To commit the offense of public intoxication,the individual must be intoxicated in a public place to the degree that he may ________ himself or another.
Q4) In lieu of placing an intoxicated individual in jail,a peace officer is authorized to release the individual into the care of a ________.
Q5) A blood alcohol concentration of 0.08 or greater is known as intoxication
Q6) 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) 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.
Q2) Criminal attempt normally involves a ________ to commit a substantive offense and an act that falls short of the completion of the intended offense.
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) Under Texas law,a criminal conspiracy requires three or more persons to agree to commit a felony or Class A misdemeanor and at least one of them to commit an overt act in furtherance of that felony.
A)True
B)False
Q5) 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.
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Chapter 15: General Defenses and Justification
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Sample Questions
Q1) Should degrees of deadly force be established?
Q2) Josh and his girlfriend Amy are severely intoxicated.They decide they need more whiskey.The two enter a liquor store.Josh approaches the store clerk and says,"This is a stick-up.Give me a bottle of whiskey." The clerk responds by drawing a gun and shooting Josh.As Josh falls to the floor he says,"Hey man.I was only joking." Josh survives the gunshot wound.The clerk tells police that he had been robbed a few months earlier by an intoxicated individual and believed Josh was actually a robber.The clerk's use of deadly force was lawful.
A)True
B)False
Q3) Texas follows a variation of the ________ Rule as the test of insanity.
Q4) A criminal defendant is entitled to a not guilty verdict if she establishes in court that her conduct was legally ________ or justified.
Q5) A citizen transporting a seriously injured person to a hospital is not subject to prosecution for violation of various traffic laws because of the defense of ________.
Q6) The defense of ________ arises in a felony case when an individual is compelled to engage in the criminal conduct by another's threat of imminent serious bodily injury or death.
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Chapter 16: Federal Criminal Law
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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) 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) An individual found distilling alcohol unlawfully ("moonshine")violates the federal criminal law primarily because:
A)he has not paid the federal tax on distilled spirits.
B)the U.S.Food and Drug Administration (FDA)has not tested the liquid for purity.
C)the Bureau of Alcohol,Tobacco,Firearms and Explosives (ATFE)has not issued a manufacturer's certificate of compliance.
D)he is using old bottles that previously held non-alcoholic beverages.
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