Deck 3: The Criminal Law in Daily Practice

Question 1

In order to prove that an offender's conduct is a hate or bias crime,in addition to the normal elements of the offense,the prosecution must also prove the accused's:

A)political beliefs.
B)bias or prejudice against one of the statutorily specified groups.
C)educational background.
D)prior relationship with the victim.

Answer 1

B

Question 2

Before a felony case can proceed to trial,the grand jury must:

A)permit the accused to tell his or her side of the story.
B)hear testimony from the prosecutor concerning all potential witnesses in the case.
C)issue a true bill indictment.
D)review any police reports that have been written about the case under consideration.

Answer 2

C

Question 3

Robert,a Texas peace officer,arrests Janet for public intoxication.Robert becomes angry at Janet when she vomits in the rear of his patrol vehicle.Without any legal justification Robert strikes Janet three times with his baton.He then takes her to jail.After being released from jail,Janet files a complaint with the local prosecutor regarding Robert's unjustified use of the baton.She also files a complaint with the Federal Bureau of Investigation.After several investigations Robert is terminated from his job as a police officer.Both state and federal authorities desire to prosecute him for his assaultive conduct on Janet.Which of the following statements is accurate regarding this situation?

A)Because of the dual sovereign doctrine,Robert may be prosecuted by both federal and Texas authorities without violating the Constitutional prohibition against double jeopardy.
B)Texas authorities may prosecute Robert only if federal authorities first decline to prosecute him.
C)Robert may not be prosecuted by both federal and Texas authorities because such dual prosecution would violate the prohibition against double jeopardy.
D)Federal authorities may prosecute Robert only if Texas authorities refuse to prosecute him.

Answer 3

A

Question 4

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.

Question 5

Sheila is convicted of capital murder and sentenced to death.Her case will automatically be reviewed by the:

A)Texas Court of Criminal Appeals.
B)United States District Court.
C)Texas Supreme Court.
D)United States Supreme Court.

Question 6

Walt is convicted of manufacture of methamphetamine,a felony.He and his attorney believe Walt did not receive a fair trial.It would be appropriate for Walt to seek judicial review of his trial by the Texas:

A)Supreme Court.
B)Court of Criminal Appeals.
C)Court of Appeals.
D)Court of Last Resort.

Question 7

The legal rule that requires a criminal prosecution be initiated within a specific time after commission of the offense is known as:

A)Wharton's Rule.
B)the rule against perpetuities.
C)the statute of limitations.
D)the Temporal Doctrine.

Question 8

The type and level of formal charge to file against a criminal suspect is solely the decision of the:

A)arresting peace officer.
B)victim of the crime.
C)prosecutor.
D)judge before whom the suspect first appears.

Question 9

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.

Question 10

Assume Charles is arrested while breaking into the local jewelry store.The arresting officer books him into jail on a charge of burglary.Upon reviewing the case,the assistant district attorney decides to file formal charges of attempted burglary instead of burglary.Ultimately, the actual charge for which Charles is prosecuted in court will be determined by:

A)the judge in the case.
B)the charge listed in the grand jury's indictment.
C)the jewelry store owner.
D)the district attorney.

Question 11

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

Question 12

Ralph is fired from his job as a teller at the local bank.A few nights later he burglarizes the bank and escapes with over $50,000.Police are baffled at the crime and have no leads as to the identity of the culprit.Over six years after the crime,Ralph's now ex-wife contacts the police and identifies Ralph as the burglar.Latent fingerprints originally found at the crime scene are matched to Ralph's fingerprints.However,the state cannot prosecute Ralph for the burglary because:

A)the testimony of an ex-wife cannot be used as evidence against the husband.
B)the state has only a circumstantial case against Ralph.
C)Ralph's fingerprints may have been left in the bank vault when he was employed at the bank.
D)the statute of limitations for burglary is five years and Ralph was not identified until over six years had passed since the crime was committed.

Question 13

John is tried for murdering his wife Marsha.A jury finds him not guilty.A year later police uncover new evidence that conclusively establishes John's guilt.Which of the following is a correct statement about this case?

A)John may be prosecuted and convicted of the murder since new evidence is available.
B)John may not be retried for the murder of Marsha because of the Constitutional prohibition against double jeopardy.
C)John may not be retried for the murder of Marsha but may be retried for manslaughter,a lesser included offense of murder.
D)John may be retried for the murder of Marsha if the prosecutor can establish that John was responsible for initially hiding the new evidence from the police.

Question 14

The legal instrument known as an indictment may be issued only by:

A)a magistrate.
B)a district attorney.
C)a member of the Texas Court of Criminal Appeals.
D)a grand jury.

Question 15

The flow of criminal cases through the Texas court system is largely controlled by the:

A)prosecutor.
B)administrative district judge.
C)court administrator.
D)victim of the particular crime in question.

Question 16

All Class C misdemeanor offenses that occur outside the limits of a city are prosecuted in:

A)Justice Court.
B)County Court.
C)Sessions Court.
D)Magistrate's Court.

Question 17

Dexter is arrested and charged with robbery,a felony.If Dexter goes to trial on the case,the trial will be conducted in the:

A)Justice Court.
B)Superior Court.
C)Circuit Court.
D)District Court.

Question 18

The charging instrument in a misdemeanor court case is called an:

A)information.
B)instanter.
C)accusation.
D)overture.

Question 19

The charging instrument used to prosecute misdemeanor offenses must be signed by:

A)the prosecutor in the case.
B)the judge hearing the case.
C)the foreman of the grand jury.
D)the individual accused in the case.

Question 20

For which of the following offenses is there no statute of limitations under Texas law?

A)robbery
B)murder
C)carjacking
D)forgery

Question 21

The highest criminal appellate court in the state is the Texas Court of Criminal Appeals.

Question 22

The Texas Supreme Court has no jurisdiction over criminal cases.

Question 23

An interrogatory is the name of the formal charging instrument used in misdemeanor trials.

Question 24

In Texas,a person has the right to be indicted by a grand jury prior to being prosecuted for a felony offense.

Question 25

The various forms of County Court hold jurisdiction over Class A and Class B misdemeanor trials.

Question 26

The County Court is the only level of Texas court that may serve as either a trial court or an appellate court depending on the nature of the case.

Question 27

The prohibition against double jeopardy derives from the Fifth Amendment to the U.S.Constitution.

Question 28

In Texas,the time calculation for the statute of limitations begins the date of the commission of the offense.

Question 29

The term "no bill" means that a grand jury has refused to issue an indictment in a particular case.

Question 30

The prosecution of felony cases is handled by the county attorney in the county where the crime occurred.

Question 31

In Texas counties using the automated filing system,felony criminal charges bypass the grand jury and are filed by the victim directly with a judge.

Question 32

Joe is angry about the political disorder both at home and overseas.He believes that Muslims are the cause of the world's troubles.While walking past the local Muslim mosque he sees an individual exiting the front door.Joe picks up a stone and throws it at the individual,striking him in the forehead.A passerby observes the incident and calls the police.Joe is arrested and charged with assault.Upon conviction at trial,the prosecutor seeks to enhance Joe's punishment by establishing that the assault was a hate crime based on Joe's hatred of Muslims.However,the evidence established that the victim was actually not a Muslim but a Hispanic male who had been hired by the mosque leaders to repair the plumbing.What effect will the fact that Joe's intended victim was not a Muslim have upon the court's view of the act as a hate crime?

A)The mistake in identity has no effect on determining whether or not Joe's actions constituted a hate crime.
B)The mistake in identity makes it impossible to consider the act a hate crime because the victim was not,in fact,a Muslim.
C)The mistake in identity does not matter because Hispanics are a minority group just like Muslims,so Joe's actions still constitute a hate crime.
D)Joe's mistake will have no effect on determining whether the act constituted a hate crime if the prosecution can establish that a reasonable person in Joe's situation would have made the same mistake in identity as Joe.

Question 33

The Texas statute of limitations restricts felony trials to no longer than 14 business days in length.

Question 34

If a criminal charge is filed after the statute of limitations for the offense has lapsed,the suspect has the automatic right to a probated sentence if he is convicted.

Question 35

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.

Question 36

Either an indictment or an information may be used as the formal charging instrument in a misdemeanor prosecution.

Question 37

Whether charges must be approved by the prosecutor's office prior to being formally filed varies from county to county.

Question 38

Simply because a person has been arrested does not mean he or she will be prosecuted in court.

Question 39

Texas law does not explicitly state the amount of evidence a grand jury needs to issue a felony indictment.

Question 40

In Texas,a person has the right to be indicted by a grand jury prior to being prosecuted for a misdemeanor offense that could result in incarceration.

Question 41

Unless the right is waived by the accused,a criminal defendant has the right to be ___________ by a grand jury prior to being prosecuted for a felony offense.

Question 42

Bill is driving his automobile after an evening of heavy drinking.A deputy sheriff observes Bill's car weaving from lane to lane and stops the vehicle.After conducting field sobriety tests,the deputy arrests Bill for driving while intoxicated (DWI),a misdemeanor that can result in a fine or incarceration.The prosecutor later determines that this is Bill's first offense.Accordingly,Bill's trial on the DWI charge will be held in ____________ Court.

Question 43

Murder is a lesser included offense of manslaughter.

Question 44

A hate crime is one wherein the offender is motivated by his or her bias or prejudice against a particular group.

Question 45

Anti-Arab motivation is the most common reason for the commission of bias crimes in Texas.

Question 46

Lesser included offenses are crimes that contain some but not all of the elements of a more serious crime.

Question 47

The formal charging instrument in a misdemeanor prosecution in municipal court must be signed by the ______ attorney.

Question 48

If certain Texas offenses are committed by an offender due to the offender's prejudice against the religion of the victim,the penalty may be enhanced.

Question 49

A municipal police officer arrests Jack for disorderly conduct,a Class C misdemeanor.The officer can file formal charges against Jack in either __________ Court or _____________ Court.

Question 50

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.

Question 51

The lesser included offense rule allows a defendant to be convicted of the offense established by the courtroom evidence,not just the offense charged.

Question 52

Once a suspect is arrested and charged with a crime,he must be taken before a _________ where he will be told of the charges and bail will be set,if appropriate.

Question 53

In Texas,the ___________ Court is the sole venue for trials involving felony offenses.

Question 54

The prohibition against double jeopardy prevents an offender from being prosecuted by both the federal and state governments for criminal conduct arising from the same factual situation.

Question 55

The U.S.Supreme Court has ruled that the Constitutional prohibition against double jeopardy also bars multiple punishments for the same offense.

Question 56

The sworn affidavit filed by a peace officer that formally charges an individual with a criminal offense is called a ___________.

Question 57

After orchestrating an impressive fireworks display on the Fourth of July,Jerry is charged with violating the city's ordinance banning fireworks.He is subsequently convicted and fined $400.Unhappy with his conviction,Jerry properly files an appeal with the _________ Court.

Question 58

A police officer stops Ron for speeding on his motorcycle.The officer writes Ron a citation for going 45 miles per hour in a 30 miles per hour zone.Ron believes the officer made a mistake about the posted speed limit at that location; that the speed limit is actually 45 miles per hour.Ron contacts the municipal court and requests a jury trial on the matter.When Ron ultimately appears in court the prosecutor will file a(n)_____________ as the formal charging document.

Question 59

An indictment is the formal charging document issued by a ______ jury in felony cases.

Question 60

Under normal circumstances,an arrested offender must appear in court and have formal charges read to him within ____ hours of the arrest.

Question 61

While referred to generally as "hate crimes," Texas law labels these forms of offenses as ______ crimes.

Question 62

For most offenses the statute of ___________ places a time limit on how long filing of criminal charges may be delayed.

Question 63

Prosecutors,as part of plea negotiations,often permit a criminal defendant to plead guilty to a _____(two words)offense instead of the original charge.

Question 64

Courts use the __________ test to determine whether conviction of several crimes arising from the same factual incident violates the prohibition against double jeopardy.

Question 65

Do statutes of limitations serve a useful society purpose or should the concept be abolished?

Question 66

In bias crimes that relate to acts of expressive conduct,Texas law is content neutral to avoid potential conflict with the _________ Amendment to the U.S.Constitution.

Question 67

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.

Question 68

Define the phrase "lesser included offense" and describe how the concept is used in the Texas justice system.

Question 69

A crime that contains some but not all of the elements of a more serious crime is known as a lesser _________ offense.

Question 70

The primary purpose for labeling an offense a hate or bias crime is to sanction the offender for his or her ___________ in committing the offense.

Question 71

A person may not be prosecuted for the same offense after acquittal due to the Constitutional prohibition against ___________(two words).

Question 72

No prosecution may lawfully proceed if the statute of ___________ for the particular offense has expired.

Question 73

Given the high standard of proof necessary for conviction in a criminal case,does the Constitutional provision against double jeopardy produce too great a benefit to a criminal offender and too great a cost to society?

Question 74

The principle purpose of criminal law is to deter individuals from engaging in the proscribed behavior.Does the existence of enhanced penalties for hate and bias-based crimes further this goal? Why or why not?

Question 75

Overview from arrest to trial the normal process of filing criminal charges in Texas.

Question 76

Identify the four levels of trial courts in Texas and describe their respective jurisdiction in criminal cases.