In the Texas justice system, responsibility for the prosecution of a criminal case lies with the: -
Answers district or county attorney
Which of the following factors is a required component of a criminal prosecution? - Answers The
government prosecutor is responsible for moving the case forward
If, upon conviction, a criminal defendant is ordered to pay a monetary fine, what is the disposition of
that fine? - Answers The government receives the entire amount of the fine
Which of the following historical legal systems most strongly influenced American criminal law? -
Answers English Common Law
An important concept in American criminal law is the principle of stare decisis. A synonym for the
principle of stare decisis is: - Answers the rule of legal precedent
Criminal laws enacted by Texas municipalities are known as: - Answers city ordinances
In classifying crimes, an offense which potentially requires incarceration in a penitentiary is known as
a : - Answers felony
Which of the following offenses is a form of malum prohibitum crime? - Answers parking violation
An offense that imports an act of baseness,vileness, or depravity which is contrary to usual and
accepted rights and duties of a citizen is called a - Answers crime involving moral turpitude
Which of the following is a stated purpose of the Texas Penal Code? - Answers to guide and limit the
exercise of official discretion by law enforcement
Which of the following is Not a stated purpose of the Texas Penal Code?Select the exception -
Answers insuring public safety by incarcerating violent offenders
The U.S. constitution specifically probibits the enactment of - Answers ex post facto laws
The 8th Amendment to the U.S. Constitution prohibits punishment for a crime that is - Answers
disproportionate to the crime committed
For a Texas criminal statute to apply to an individual's conduct, the conduct Must have - Answers
either A or B above
A Texas criminal statute can apply to conduct that occurred in another state or foreign country: -
Answers only if the conduct or result that is an element of the offense occurred in Texas
In Texas, all crimes are created and defined by some level of governmental entity. - Answers True
No crime may be prosecuted without the consent of the human victim of the illegal conduct. -
Answers false
The unwritten Common Law crimes have been statutorily abolished in Texas - Answers true
Murder and theft are examples of malum in se crimes. - Answers true
For a crime to be categorized as a breach of the peace, sufficient noise must be created that would
disturb the reasonable person under same or similar circumstances. - Answers false
The use of enhanced punishments for repeat offenders is based on the specific deterrence theory of
criminal law. - Answers true
The primary purpose of the Texas Penal Code is to punish individuals who violated the statutes
contained in the code. - Answers false
One stated objective of the Texas Penal Code is to insure the public safety through the rehabilitation
of offenders. - Answers true
The use of discretion by the police when enforcing the criminal law is legally permissible. - Answers
true
If a particular criminal law lacks the support of the bulk of the population, the courts will generally
ignore the law. - Answers false
The 8th amendment requires the states to formally adopt a set of sentencing goals and then adhere
to those goals when imposing criminal sentences. - Answers false
Texas assert jurisdiction over any crime committed against a resident of Texas no matter where in the
United States the crime occurred. - Answers false
The extent of Texas' criminal jurisdiction into the Gulf of Mexico is limited by federal law to three
miles from the mean high tide line. - Answers false
For Texas to exercise jurisdiction over a crime, only a single element of the offense need occur within
the state. - Answers true
The principle of ___means that no crime occurs without the existence of a previously enacted law. -
Answers legality
, By state constitutional mandate, the specific phrase"against the peace and dignity of the _____"must
appear in all Texas indictments. - Answers state
Texas was an early participant in the 19th century ____movement to clearly spell out in written form
the definition of criminal offenses. - Answers codification
In addition to its Anglo-American legal heritage, the laws of Texas have been somewhat influenced by
the laws of the countries of Spain and ___ - Answers Mexico.
In America, criminal offenses are generally divided into two categories based on severity:felonies and
____. - Answers misdemeanors
A _____offense is one that is NOT naturally evil but is made unlawful solely by legislation. - Answers
malum prohibitum
One goal of the Texas Penal Code is ____ ______which seeks to encourage conformance with the law
by threatening a penalty for violating the law. - Answers general deterrence
Because of concerns by elected officials that newly enacted laws enjoy popular support , it is accurate
to say the lawmaking is a ____process. - Answers political
The _______doctrine is whereby a higher level government entity assumes total authority for
lawmaking responsibility regarding a particular topic. - Answers preemption
With the exception of _______cases, courts have generally deferred to legislative bodies to determine
the appropriate penalty for criminal offenses. - Answers death
The land, water, and airspace above the land and water where Texas statutes are enforceable is
known as the ______jurisdiction of the state. - Answers territorial
Which of the following is an element that must be proven in every criminal offense? - Answers
conduct
which of the following is an element that must be proven in every criminal offense? - Answers
causation
Which of the following is one of the six traditional factors that are contained within all crimes? -
Answers penalty
Are offense which punishes the individual for being something rather than doing something is known
as a - Answers status offense
Under the Texas Penal Code, a person who fails to act under particular circumstances commits a
criminal offense only if: - Answers a existing law required him to act under those circumstances.
When an individual has dominion over an object without the item being in his or her actual presence,
this is known in the law as: - Answers constructive possession
Lawful conduct may become unlawful conduct simply because of: - Answers any of the above
depending on the specifics of the statute
Assume the City of El Paso enacts a curfew ordinance declaring it unlawful for an unaccompanied
minor to remain in a public place after 11 . The three elements of the offense that limit its
applications to minors, in public places, after 11 pm , are examples of: - Answers attendant
circumstances
The most common attendant circumstance that determines whether behavior is an offense is: -
Answers the location of the offense
The term actus reus is related to conduct as the term mens rea is related to : - Answers culpable
mental state
If an offender is aware that her conduct is reasonably certain to cause a result, the offender has acted
with the culpable mental state of: - Answers knowledge
If an offender is aware of but consciously disregards a substantial and unjustifiable risk that a result
will occur, the offender has acted with the culpable mental state of : - Answers recklessness
Roger is late for work.Under these facts it would be accurate to say that Roger: - Answers was acting
recklessly when he ran the reg signal.
George learns that Randy has been secretly having sexual relations with his wife Kate. George grabs
his pistol, gets in his car and drives to Randy's house intending to shoot Randy. Randy, who is sitting
on his front porch, sees George exit his car with pistol in hand. Fearing the worst, Randy jumps off the
porch in an effort to escape. However, Randy hits the ground awkwardly and breaks his ankle.
meanwhile, George, seeing Randy writhing in pain, changes his mind and returns home. in this
instance: - Answers George is not criminally responsible for Randy's injury because an intervening
cause (jumping from the porch), not George's conduct, produced the injury.