Deck 4: Parties to Offenses

Question 1

Bob tells Ray that his new sports car is faster than the sedan Ray drives.Ray disagrees and challenges Bob to a drag race.Later that evening the two line up their automobiles on a stretch of rural state highway.A friend,Freddie,serves as the starter.Freddie waves a flag and the two drivers accelerate.Over the top of the next hill,Carl,not seeing the two vehicles,pulls his tractor out onto the highway.Bob and Ray crest the hill,see the tractor,and swerve their cars.Bob's car hits the tractor and then overturns.Ray is unharmed but both Bob and Carl are killed.Subsequently,the district attorney charges Ray with manslaughter (causing a death through recklessness)in the deaths of Bob and Carl.Ray may:

A)not be convicted of any form of criminal homicide because Bob,not Ray,caused the deaths.
B)not be convicted of manslaughter because his role in the resultant deaths was not intentional.
C)not be convicted of any form of criminal homicide because Bob was responsible for his own death and Carl's own negligence produced Carl's death.
D)be convicted of manslaughter under the law of parties even though Bob's conduct caused the deaths.

Answer 1

D

Question 2

Under Texas law,for a corporation to be criminally liable for a felony,the illegal conduct must have been authorized by:

A)a high managerial agent.
B)a minimum of two members of the board of directors.
C)a majority of the stockholders.
D)any employee holding a supervisory position in the company.

Answer 2

A

Question 3

Under Texas law,post-crime assistance to the perpetrator of a crime is treated as a standalone offense,not under the law of parties.

Answer 3

True

Question 4

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.

Question 5

"Vicarious liability" is the term used to describe a person who unknowingly commits an offense.

Question 6

A criminal defendant cannot be convicted solely on the uncorroborated testimony of an accomplice.

Question 7

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.

Question 8

Mike's presence at a crime scene coupled with his verbal encouragement of Jeremy to commit a crime is sufficient for Mike to be held criminally responsible for Jeremy's illegal conduct.

Question 9

Texas law abolishes the Common Law distinction between principals and accessories.

Question 10

The legal rule that holds that a conviction cannot be based solely on the uncorroborated testimony of an accomplice is known as:

A)the non-corroboration rule.
B)the accomplice testimony rule.
C)the two-in-one rule.
D)the best evidence rule.

Question 11

Suzy works at a jewelry store.Her boyfriend Cary convinces Suzy to assist him in burglarizing the store.When Suzy closes the store on Saturday evening,she purposefully fails to activate the alarm system.Early Sunday morning Cary breaks into the store and steals thousands of dollars' worth of diamonds.He immediately flees to Mexico,leaving Suzy behind.Investigation of the crime subsequently focuses on Suzy.Under Texas law,which of the following is correct about this situation?

A)Suzy can be convicted of burglary because she was an accomplice in the first degree in the commission of the burglary.
B)Suzy can be convicted of burglary because she knowingly aided Cary in the commission of the crime.
C)Suzy cannot be convicted of burglary because she received no share of the loot from the crime.
D)Suzy cannot be convicted of burglary because she was not at the store when the crime occurred.

Question 12

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.

Question 13

Mary's husband Frank earns his living as a burglar.When Frank comes home with his loot,Mary often assists him in obliterating serial numbers on merchandise and removing other identifying marks,such as owner's names and initials.One day the police appear and arrest both Frank and Mary.Under Texas law,Frank will be prosecuted for the various burglaries while Mary will be prosecuted for:

A)the same burglaries under the law of parties.
B)the same burglaries under the doctrine of respondeat superior.
C)tampering with evidence because her assistance to Frank occurred after the crimes were committed.
D)misprision of a felony because her efforts obstructed the investigation of the burglaries.

Question 14

A store clerk who sells a firearm to an individual who later uses the gun in a murder is equally responsible for the crime.

Question 15

Jack robs a convenience store.He flees the scene and goes to his twin brother Mack's home.Jack tells Mack that he has robbed a store and needs to hide out for a few days.Mack agrees for Jack to stay at his house.Three days later,police officers arrive.Jack escapes out the back window but the officers arrest Mack.Mack may rightfully be convicted of:

A)robbery because he allowed Jack to hide out in his home.
B)robbery because he knew Jack robbed the store and made no effort to notify the police.
C)no offense because he engaged in no criminal conduct himself.
D)some appropriate offense related to providing post-crime assistance to Jack.

Question 16

The accomplice testimony rule permits the district attorney to compel one criminal defendant to testify against the other defendant.

Question 17

Which of the following entities is subject to prosecution for violation of provisions of the Penal Code?

A)a social fraternity
B)a business partnership
C)a not-for-profit association
D)All of the above are subject to prosecution.

Question 18

Which of the following rules of evidence limit use against her partner of courtroom testimony by a co-principal in a crime?

A)corpus delicit rule
B)accomplice testimony rule
C)rule against hearsay
D)Wharton's Rule

Question 19

Under the law of parties,the acquittal of one co-defendant will result in the automatic acquittal of all other co-defendants.

Question 20

Rob encourages his six-year-old brother Ned to steal items from a grocery store and give them to Rob.Ned does as requested,stealing $25 worth of groceries.As to Rob's criminal responsibility:

A)he has none because he did not personally steal anything.
B)he is not criminally responsible because the actual thief Ned is not criminally responsible due to his age.
C)he is not criminally responsible because the theft does not reach the level of a felony.
D)he is criminally responsible for Ned's thievery.

Question 21

Criminal responsibility for the conduct of another is known as _________ liability.

Question 22

Texas was the last state to hold corporations criminally responsible.Why have so few prosecutions of corporations occurred in the intervening four decades?

Question 23

In addition to the elements of the specific offense,what are the key factors that must be proven for a corporation to be held criminally responsible for a felony?

Question 24

Under Texas law,corporations are exempt from being prosecuted for criminal homicides.

Question 25

Local governmental entities,such as cities,are subject to prosecution under the Texas Penal Code.

Question 26

Under Texas law,persons who provide pre-crime assistance to an offender are considered co-principles in the commission of the resultant offense.Is this a more just approach to the law of parties than the traditional Common Law distinction between principals and accessories? Why?

Question 27

Define the accomplice testimony rule and explain its effect in court on a criminal prosecution.

Question 28

List the three ways in which an individual can be held criminally responsible for someone else's conduct.

Question 29

The respondeat superior theory may be used to hold Texas corporations criminally responsible only for ______________ level offenses.

Question 30

Describe three examples of pre-crime assistance where an individual would be considered a co-principal in the subsequent commission of a crime.

Question 31

For a corporation to be held criminally responsible for a felonious act in Texas,the act must have been performed or approved by a ________(three words)___________ of the corporation.

Question 32

A person who provides pre-crime assistance to the perpetrator of an offense is prosecuted as a __________ to the offense.

Question 33

Under provisions of the Texas Penal Code,if a corporation is found guilty of committing a felony offense,the penalty assessed is a monetary fine and loss of its corporate charter.

Question 34

A criminal defendant cannot be convicted solely on the ___________ testimony of his partner in crime.

Question 35

To be held criminally liable for assisting another in committing an offense,an individual must have acted with ___________ to assist in its commission.

Question 36

The ______________ testimony rule prohibits conviction of a criminal defendant solely upon the uncorroborated testimony of his partner in crime.

Question 37

The rule against hearsay prevents one perpetrator of a crime from testifying in court against his partner.