Question 1

Under Texas law,what is the minimum age at which a person can be prosecuted in the adult justice system for:
•	Murder?
•	Sexual assault?
•	Theft?

Accepted Answer

While one is processed through the adult justice system if the individual was 17 years of age or older at the time of the commission of the offense,it is possible for the juvenile court to waive its jurisdiction over offenders under 17 and they be tried as an adult.
For the offense of murder,a first degree felony,a person as young as 10 could be tried as an adult if he were at least 18 years old at the time of the court proceeding.Otherwise the minimum age of the minor is 14 without regard to their age at the time of the proceeding.
For the offense of sexual assault,a second degree felony,15 years old at the time of the offense would be the minimum age.
In the case of theft,15 years old would be the minimum age for felony thefts to be prosecuted in the adult justice system.For fine only Class C misdemeanors,the minimum age is 10.For Class B and A misdemeanor,charges against persons under 17 can be pursued only in the juvenile justice system.

Question 2

In Texas,a reasonable mistake of fact as to the age of a sexual partner is a defense to the crime of sexual assault of a child.

Accepted Answer

A) True 
 B)False  False

Question 3

A person is justified in using force in self-defense only to resist another's use of unlawful force.

Accepted Answer

A) True 
 B)False  True

Question 4

Texas law authorizes the use of deadly force to prevent theft and criminal mischief in the ________.

Accepted Answer

The answer of Texas law authorizes the use of deadly...

Question 5

The use of physical power or violence to compel or restrain is a Texas judicial definition of the word ________.

Accepted Answer

The answer of The use of physical power or violence...

Question 6

Despite its importance in the law of self-defense,the Texas Penal Code does NOT contain a definition of the word "force."

Accepted Answer

A) True 
 B)False

Question 7

Patty shoots and kills Jim.Patty contends she acted in self-defense.To determine whether or not Patty is not guilty of murder because she acted in self-defense,the jury should view the factual circumstances surrounding the incident from the perspective of ________.

Accepted Answer

The answer of Patty shoots and kills Jim.Patty contends she...

Question 8

Margie meets Charles at a nightclub where they have several drinks.As Margie is attempting to leave the club,Charles forces her into his automobile with a goal of making her engage in sexual intercourse.Margie,however,has no intending of having sex with Charles and is able to retrieve a pistol from her purse.She fires all of the pistol's bullets,killing Charles.Because of the ambiguous facts surrounding the incident,the District Attorney tries Margie for murder.If Margie convinces the jury that she acted in self-defense,she is legally entitled to be found not guilty of the murder charge.

Accepted Answer

A) True 
 B)False

Question 9

The defense of mistake of fact means that if the accused did not know his conduct was unlawful,a criminal conviction cannot be based on that conduct.

Accepted Answer

A) True 
 B)False

Question 10

Under Texas law,defenses take a variety of forms.A type of defense that the prosecutor must disprove in establishing the elements of the crime is known as an:

Accepted Answer

A) exemption. 
B) exception. 
C) exclusion. 
D) expulsion. 
A) exemption. 
B) exception. 
C) exclusion. 
D) expulsion.

Question 11

Ed goes out to eat with his friend Ralph.During dinner Ed receives a telephone call that his dog has escaped from his fenced backyard.He tells Ralph that he needs to leave in order to tend to the dog.Ralph tells him to go ahead and he will finish his dinner and pay their check."You can settle up with me tomorrow," Ralph tells Ed.Ed departs.Ralph finishes his dinner and pays for his meal but not for Ed's.When the waitress appears with Ed's check,she learns he has left the restaurant.Since Ed is a regular customer,the waitress knows his identity.A theft of service complaint about Ed is filed with the police.Regarding this situation:

Accepted Answer

A) Ed has committed theft of service because he obtained food and failed to pay for it. 
B) Ed can successfully assert the defense of necessity because he received an emergency phone call that caused him to depart without paying. 
C) Ed can successfully assert the defense of mistake of fact because he thought Ralph was paying his check and he lacked the intent to commit theft of service. 
D) Ed has can successfully assert the defense of duress because the emergency forced him to depart suddenly. 
A) Ed has committed theft of service because he obtained food and failed to pay for it. 
B) Ed can successfully assert the defense of necessity because he received an emergency phone call that caused him to depart without paying. 
C) Ed can successfully assert the defense of mistake of fact because he thought Ralph was paying his check and he lacked the intent to commit theft of service. 
D) Ed has can successfully assert the defense of duress because the emergency forced him to depart suddenly.

Question 12

Bob and Ray get into an argument in a parking lot over whether or not Ray owes Bob $50.The argument escalates to the point where Ray calls Bob a liar.Bob responds by punching Ray in the face and then walks away.Ray rises from the ground and comes up behind Bob and hits him in the head with a rock,seriously injuring him.About this time,the police arrive at the scene.Ray tells the police officer that he acted in self-defense.Ray's claim of self-defense is valid under Texas law.

Accepted Answer

A) True 
 B)False

Question 13

Bud,a store security officer at the mall,observes Gil grab a coat from a mannequin and run out of the mall.Bud gives chase but Gil is too fast and escapes.Four days later,Bud observes Gil wearing the coat while walking through the mall parking lot.Bud approaches Gil and demands that he return the coat.Gil claims the coat is his.Bud may NOT now use force to recover the coat because he is no longer in ________ of Gil following the theft.

Accepted Answer

The answer of Bud,a store security officer at the mall,observes...

Question 14

Phillip,a police officer,hears a rumor that Billy is dealing drugs.Phillip puts on a phony beard and goes to Billy's house.When Billy answers the doorbell,Phillip asks,"How about selling me a bag of marijuana?" Billy replies,"Are you a cop?" Phillip replies,"Hell no." Billy says,"That'll be ten dollars" and hands Phillip a baggie of marijuana.Phillip says,"That'll be six months in jail-you're under arrest." Billy is:

Accepted Answer

A) not guilty of delivery of marijuana because he was entrapped. 
B) not guilty of delivery of marijuana because he did not know Phillip's true identity. 
C) not guilty of delivery of marijuana because he made a mistake of law about Phillip's official title. 
D) guilty of delivery of marijuana because Phillip merely afforded him the opportunity to commit a crime. 
A) not guilty of delivery of marijuana because he was entrapped. 
B) not guilty of delivery of marijuana because he did not know Phillip's true identity. 
C) not guilty of delivery of marijuana because he made a mistake of law about Phillip's official title. 
D) guilty of delivery of marijuana because Phillip merely afforded him the opportunity to commit a crime.

Question 15

The legal justification of self-defense is limited to circumstances where another person is using ________ force against the individual who is defending himself.

Accepted Answer

The answer of The legal justification of self-defense is limited...

Question 16

A criminal defendant is entitled to a not guilty verdict if she establishes in court that her conduct was legally ________ or justified.

Accepted Answer

The answer of A criminal defendant is entitled to a...

Question 17

Under the Texas law of self-defense,an individual has no duty to ________ prior to using force against another.

Accepted Answer

The answer of Under the Texas law of self-defense,an individual...

Question 18

Clyde abducts Bonnie at gunpoint and forces her to travel across the state with him.At various stops,Clyde makes Bonnie enter a store with him and while he points his pistol at the clerk,Bonnie gathers the money from the cash register.Bonnie always does as Clyde commands because she is fearful that he will kill her if she does not.When the two are ultimately captured and placed on trial for the robberies,Bonnie should be able to avoid conviction through the use of the defense of duress.

Accepted Answer

A) True 
 B)False

Question 19

Which of the following is the correct Texas Penal Code definition of "force" for the purposes of the law of self-defense?

Accepted Answer

A) "Force" is the physical manifestation of energy applied toward another. 
B) "Force" is the application of countervailing conduct in resistance to another. 
C) "Force" includes all application of energy to move persons or things from their static positions. 
D) None of the above is an accurate definition of "force" because the Texas Penal Code does not define the term. 
A) "Force" is the physical manifestation of energy applied toward another. 
B) "Force" is the application of countervailing conduct in resistance to another. 
C) "Force" includes all application of energy to move persons or things from their static positions. 
D) None of the above is an accurate definition of "force" because the Texas Penal Code does not define the term.

Question 20

The defense of necessity recognizes the legal principle that under certain conditions failing to adhere to a criminal statute will produce less harm to society than complying with the statute.

Accepted Answer

A) True 
 B)False

Under Texas law,what is the minimum age at which a person can be prosecuted in the adult justice system for: • Murder? • Sexual assault? • Theft?

In Texas,a reasonable mistake of fact as to the age of a sexual partner is a defense to the crime of sexual assault of a child.

A person is justified in using force in self-defense only to resist another's use of unlawful force.

Texas law authorizes the use of deadly force to prevent theft and criminal mischief in the ________.

The use of physical power or violence to compel or restrain is a Texas judicial definition of the word ________.

Despite its importance in the law of self-defense,the Texas Penal Code does NOT contain a definition of the word "force."

Patty shoots and kills Jim.Patty contends she acted in self-defense.To determine whether or not Patty is not guilty of murder because she acted in self-defense,the jury should view the factual circumstances surrounding the incident from the perspective of ________.

The defense of mistake of fact means that if the accused did not know his conduct was unlawful,a criminal conviction cannot be based on that conduct.

Under Texas law,defenses take a variety of forms.A type of defense that the prosecutor must disprove in establishing the elements of the crime is known as an:

The legal justification of self-defense is limited to circumstances where another person is using ________ force against the individual who is defending himself.

A criminal defendant is entitled to a not guilty verdict if she establishes in court that her conduct was legally ________ or justified.

Under the Texas law of self-defense,an individual has no duty to ________ prior to using force against another.

Which of the following is the correct Texas Penal Code definition of "force" for the purposes of the law of self-defense?

The defense of necessity recognizes the legal principle that under certain conditions failing to adhere to a criminal statute will produce less harm to society than complying with the statute.

Foundations of Criminal Law

Elements of a Crime

The Criminal Law in Daily Practice

Parties to Offenses

Criminal Homicide

Assault and Sexual Assault

Kidnapping and Related Offenses

Property Destruction Offenses

Theft,Fraud,and Related Offenses

Robbery,Burglary,and Criminal Trespass

Offenses Against Government Operations

Public Disorder,Indecency,Health,and Safety Offenses

Intoxication Offenses

Preparatory Offenses and Organized Criminal Activity

Federal Criminal Law

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Exam 15: General Defenses and Justification

Under Texas law,what is the minimum age at which a person can be prosecuted in the adult justice system for: • Murder? • Sexual assault? • Theft?

In Texas,a reasonable mistake of fact as to the age of a sexual partner is a defense to the crime of sexual assault of a child.

A person is justified in using force in self-defense only to resist another's use of unlawful force.

Texas law authorizes the use of deadly force to prevent theft and criminal mischief in the ________.

The use of physical power or violence to compel or restrain is a Texas judicial definition of the word ________.

Despite its importance in the law of self-defense,the Texas Penal Code does NOT contain a definition of the word "force."

Patty shoots and kills Jim.Patty contends she acted in self-defense.To determine whether or not Patty is not guilty of murder because she acted in self-defense,the jury should view the factual circumstances surrounding the incident from the perspective of ________.

The defense of mistake of fact means that if the accused did not know his conduct was unlawful,a criminal conviction cannot be based on that conduct.

Under Texas law,defenses take a variety of forms.A type of defense that the prosecutor must disprove in establishing the elements of the crime is known as an:

The legal justification of self-defense is limited to circumstances where another person is using ________ force against the individual who is defending himself.

A criminal defendant is entitled to a not guilty verdict if she establishes in court that her conduct was legally ________ or justified.

Under the Texas law of self-defense,an individual has no duty to ________ prior to using force against another.

Which of the following is the correct Texas Penal Code definition of "force" for the purposes of the law of self-defense?

The defense of necessity recognizes the legal principle that under certain conditions failing to adhere to a criminal statute will produce less harm to society than complying with the statute.

Foundations of Criminal Law

Elements of a Crime

The Criminal Law in Daily Practice

Parties to Offenses

Criminal Homicide

Assault and Sexual Assault

Kidnapping and Related Offenses

Property Destruction Offenses

Theft,Fraud,and Related Offenses

Robbery,Burglary,and Criminal Trespass

Offenses Against Government Operations

Public Disorder,Indecency,Health,and Safety Offenses

Intoxication Offenses

Preparatory Offenses and Organized Criminal Activity

Federal Criminal Law

Filters