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Criminal Law Module Tests- Solved
The standard necessary for a police officer to arrest an individual is: - ANS-Probable Cause An example of private law is : - ANS-Divorce Under the Texas Penal Code, if it is a person's conscious objective or desire to engage on conduct or cause a result, they are acting: - ANS-Intentionally Terry v Ohio (1968) was based on: - ANS-The 4th amendment and its "reasonableness" clause Strict liability statutes: - ANS-Do not require the prosecutor to prove criminal intent Bob goes into a store and recognized a customer, Steve, as a person who treated him badly a few years ago. He goes back to his car and waits in it with the motor running. When Steve exits the store and goes to his car, Bob accelerates into Steve striking him. Bob backs up and sees that Steve is severely injured but still alive. Bob accelerates again striking Bob a second time. After reversing a second time, Bob sees that Steve appears dead. Bob then drives away. According to TEXAS law, Bob has acted - ANS- Intentionally A bill of attainder is: - ANS-Legislative infliction of criminal punishment without a trial Jill. is running late for a meeting and speeding through an area of downtown she knows always has pedestrians in it. Her cell phone notifies her that she has received a text message, and she believes it may be about her meeting. She decides to read the text message thinking that she can keep an eye on her surroundings at the same time. As she is concentrating on the message, the light changes in front of her and she strikes a woman who has legally entered the crosswalk area. With respect to Jill injuring the woman, under the MODEL PENAL CODE, Jill has acted: - ANS-Recklessly The level of proof necessary for an officer to conduct a brief, limited, investigative detention ( or "Terry stop/frisk") is: - ANS-Reasonable suspicion An ex post facto law is basically a: - ANS-Retroactive criminal statue Under the Texas Penal Code, if someone is aware that their conduct is reasonably certain to cause a result, they are acting: - ANS-Knowingly If a person is driving while intoxicated and seriously injuries someone, this action: - ANS-Is both a tort and a crime
Under the Model Penal Code, if someone is aware of but consciously disregards a substantial and unjustifiable risk that material elements exist or will result, they are acting: - ANS-Recklessly The "plain-feel" doctrine was an extension from the concepts of Terry v Ohio (1968) articulated by the U.S. Supreme Court in what case? - ANS-Minnesota v Dickerson (1993) _______ consists of rules governing how the criminal law is administered - ANS- Procedural Criminal Law The Supreme Court held that the _______ Amendment protected an individual's right to own and possess firearms, at least under federal criminal laws - ANS-Second The Latin term actus reus means: - ANS-Guilty Act Most crimes require the concurrence of which of the following? - ANS-Guilty act and guilty mind The Latin term mens rea refers to: - ANS-Guilty mind An unnecessarily broadly written law that invades in area of protected freedoms would most likely be deemed unconstitutional on what grounds? - ANS-The Overbreadth Doctrine The highest state court in Texas for criminal matter is the: - ANS-Texas Court of Criminal Appeals In Roper v Simmons, the Supreme Court declared it was unconstitutional to execute: - ANS-Persons who committed their crime before age 18 The Bill of Rights consists of: - ANS-The first ten Amendments to the Constitution The level of proof necessary for a prosecutor to convict a defendant is: - ANS-Beyond a reasonable doubt The Model Penal Code was drafted by: - ANS-The American Law Institute Under the Texas Penal Code, if someone ought to be aware of substantial and unjustifiable risk that circumstances exist or a result will occur, they are acting: - ANS- Negligently The "clear and present danger test" can used to permit reasonable limitations on: - ANS-Freedom of speech under the 1st Amendment
To prove the defendant attempted to commit a crime, courts require the prosecution show the existence of: - ANS-Completion of a substantial step Which of the following is NOT an inchoate crime: - ANS-Entrapment Under the Model Penal Code in order for an accomplice to be liable for an offense committed by another party, the: - ANS-Accomplice must agree to, aid, or intend to aid the commission of that crime For the crime of attempt, most state and federal courts have rejected the defenses of: - ANS-Legal and factual impossibility In Texas, the crime of attempt applies to: - ANS-Virtually all offenses John believes that possessing baby powder is illegal and arranges to buy some from a local merchant. The merchant also sells baby powder to Joe, but Joe believes he is buying cocaine. Who is guilty of an offense? - ANS-Joe but not John In Texas, the crime of solicitation applies to: - ANS-Capital murder and first degree felonies A co-conspirator can be held responsible for foreseeable crimes committed in furtherance of the conspiracy by another accomplice, even if they did not know about the other crimes nor agree to commit them, under the: - ANS-Pinkerton Rule Abandonment or withdrawal by a conspirator makes the crime: - ANS-Nonetheless complete Under Texas law, a person committing solicitation or conspiracy has an affirmative defense to the offense if they reunciate their criminal objective and: - ANS-Prevent the commission of the offense In Texas, the crime of conspiracy applies to: - ANS-Felony offenses Another name for solicitation is: - ANS-Incitement Under Texas law there is no such thing as: - ANS-Attempted conspiracy Bob decides to commit a sexual assault of Lisa. Bob gets a ride to Lisa's house from Betty. Betty: - ANS-Can be held liable for the sexual assault if the assisted Bob with the intent for him sexually assault Lisa Under the _________ the crime of conspiracy cannot be charged if the number of people involved is only that necessary to commit the offense - ANS-Wharton Rule
Under the Model Penal Code, a person who knowingly aids another but who does not intend to aid in the commission of an offense can still be charged with: - ANS-Criminal Facilitation While visiting San Antonio for Fiesta, Bob decides to commit a theft. He has his 8 year- old daughter, Sally, crawl under a nearby table at a restaurant and take the wallets out of the courses of three ladies who are having dinner. Texas law states that a child under the age of 10 cannot be charged with a criminal offense. Sally is a(n) - ANS-Innocent Agent Adam, Bob, Christine, and Doug decide to commit a robbery of a local bank. In a conspiracy case, which of the following would actually satisfy part of the statue for a renunciation defense under Texas Law? - ANS-Adam goes to church and decides not to participate in the robbery because it is a sin Sam and Mark are walking across a bridge where some construction is taking place. San sees a brick on the side of the bridge and tells Mark that it would be fun to throw the brick from the bridge into the traffic below. Mark tells him to do it because it would be interesting to see cars swerve and throw on their brakes. Same then throws the brick off the bridge and hits a vehicle. The brick goes through the windshield injuring the driver. Mark would most likely be: - ANS-Guilty of being a party to injuring the driver of the motor vehicle Force that is likely to cause or is capable of causing death or serious bodily injury is called ________ force - ANS-Deadly The use of a Taser by a police is considered to be: - ANS-Non-deadly force Which of the following is the most true about the Insanity Defense - ANS-It is used in very few cases, and it not often successful when used In states that have adopted "make my day" rules, the occupant of a dwelling: - ANS- May use deadly force against an intruder The "choice of evils" defense is also known as the _______ defense - ANS-Necessity State laws regarding the use of deadly force in making arrest must comply with the requirements established by the US Supreme Court in: - ANS-Tennessee v Garner John murders Amy in their Dallas apartment. At trial, John alleges that he was insane at the time he killed Amy. If the jury agrees with John: - ANS-He might spend more time in a mental institution that he would have spent in prison The amount of force used in self-defense or defense of another must, under the circumstances that exist, be: - ANS-Reasonable
To be mentally fit to stand trial, the defendant must have the ability to cooperate with defense counsel and: - ANS-Understand the charges and proceedings In Texas, which defense has the lowest "burden" for the Defendant to meet? - ANS- Self-defense Currently most states prohibit the use of ______ force to protect property - ANS-Deadly When using the defense of duress, defendants admit they committed the crime but did so only because they were: - ANS-Threatened with death or serious bodily injury if they did not commit the crime To be lawful, force used in self-defense or defense of another must be both reasonable and: - ANS-Immediately necessary Under Texas law, an affirmative defense: - ANS-Must be proven by the defendant by a preponderance of the evidence Brett and Betty are going to have a baby. Betty goes into labor, and Brett is speeding to the hospital with her in the car. They are pulled over by the police because Brett is going over the speed limit, and Brett is given a ticket. In order to avoid a conviction for speeding, Brett should: - ANS-Use the defense of necessity _________below a certain age cannot be convicted of crime - ANS-Children ______ is the killing of one human being by another - ANS-Homicide Bob is married to Stacy. Stacy meets another man and becomes pregnant from her affair. Bob learns about the affair and pregnancy and beats Stacy with the intent to kill the unborn child she is carrying. Stacy survives the beating, but the fetus does not. Under TEXAS law the highest crime that Bob can be charged with is: - ANS-Capital murder The crime commonly charged when the victim causes the defendant to become enraged to the point of losing normal self-control and killing is: - ANS-Heat of passion manslaughter In order to be convicted of murder in Texas, you must: - ANS-Have intentionally or knowingly caused a death A defense to a charge of unwanted touching or physical contact could be that the touching was: - ANS-Accidental David, an 18 year-old senior in high school has a girlfriend, Christine, who is a 16 year- old sophomore. David and Christine, voluntarily engage in sexual intercourse. A few weeks later Christine's parents find out and report David to the police for committing
statutory rape. David's best defense would probably be: - ANS-That he and Christine were close in age Deadly weapons are: - ANS-Any items that can cause a death or serious bodily injury The willful infliction of an injury on another so as to cripple or mutilate the person is: - ANS-Mayhem _______ is not a crime - ANS-Suicide _______ is the mental determination to unlawfully kill another person after planning or reflection on causing death - ANS-Premeditation Brett committed a sexual assault 10 years ago and is being released from prison. He has hotfied parole authorities that he will be living with his parents. Person living in the neighborhood surrounding the house where Brett's parents live receive a postcard saying where Brett will be living and what he was convicted of. This would be an example of: - ANS-Megan's Law A majority of states have adopted what provision defining when the end life occurs? - ANS-The Uniform Determination of Death Act Texas homicide statutes include: - ANS-Murder, manslaughter, and criminally negligent homicide Most states make it a criminal offense to fail to adequately care for a: - ANS-Child ______ is the killing of terminally ill or injured person who hasonly a short time to live - ANS-Euthanasia In Texas, murder during the "heat of passion" - ANS-Is still murder, but punished as a second degree felony Intoxication manslaughter in Texas - ANS-Does not require a mens rea with regard to the victim's death The crimes of common law assault and battery under Texas law: - ANS-Are now part of the same statute An lawful striking or offensive touching is - ANS-Battery ________ is the murder of an unborn fetus - ANS-Feticide A person who kills another during the course of committing a felony, even if the killing is accidental, is guilty of: - ANS-Felony murder
Which of the following terms is defined as the illegal driving of someone else's automobile without permission, but with no intent to deprive the owner of it permanently? - ANS-Joyriding Joseph takes blank stolen checks and goes to local stores with them. He begins purchasing big ticket items, such as a computer, expensive sporting equipment, and even a large screen TV for his mother, by pretending to be the person listed on the check. Before long, the authorities are knocking on Joseph's door and he is placed under arrest. If the police arrest Joseph for putting into circulation a check known to be worthless, this is the crime of: - ANS-Uttering Which of the following is an example of constructive entry? - ANS-Using a hook to retrieve an item from inside a building Writing a bad check, or one that "bounces" - ANS-May be a crime when the writer refuses to make the check good Sam owns a store. He observes Mary place merchandise from the store in her purse and leave the store without paying for it. Sam detains Mary until the police arrive to arrest her for taking Sam's property without paying. Sam: - ANS-Has acted under the "Shopkeeper's Rule" David is going out of town and asks Ryan to take care of an antique gun he inherited from his uncle. The gun has great SENTIMENTAL value, but it is only worth $400. While Ryan is at work, Ryan's roommate, Joe sees the gun and takes it to a pawnshop to sell. Under Texas law, Joe has committed - ANS-Felony theft because he stole a firearm The taking requirement in shoplifting cannot be met by: - ANS-Looking through outside dumpsters for discarded goods Olivia intentionally sets fire to her own house with the intent to burn it down. The fire department arrives and is able to keep the fire from spreading beyond the kitchen. Olivia had committed - ANS-Arson _____ is defined as a felony charged for thefts of property worth more than a statutorily determined value (such as $1,000) - ANS-Grand theft Unlawful and knowing entry into the land or building of another without the intent to commit a crime is: - ANS-Criminal Trespass A person who traffics in stolen property is called a: - ANS-Fence ______ is defined as the breaking and entering, in the nighttime ,of the mansion or dwelling house or curtilage of another, with the intent to commit a felony - ANS- Common Law Burglary
_____ is defined as the unlawful taking or misuse of property by person, typically employees, who lawfully come into possession of the property and therefore DO NOT meet the theft or larceny requirement of wrongfully obtaining the property - ANS- Embezzlement Nico goes into the HEB meat department. he places a large, packaged steak into his pants and leaves the meat department. Nico has committed: - ANS-Shoplifting Billy forcibly entered a building after business hours and proceeded to remove eight computers. He then sold these computers to Jason, who in turn sold them to Julie. Julie did not know the origin of the computers, but Jason did. Julie would be guilty of: - ANS- No crimes Joseph takes blank stolen checks and goes to local stores with them. He begins purchasing big ticket items, such as a computer, expensive sporting equipment, and even a large screen TV for his mother, by pretending to be the person listed on the check. Before long, the authorities are knocking on Joseph's door and he is placed under arrest. Joseph's mother would be guilty of receiving stolen good if she: - ANS- Knew of Joseph's scheme In most jurisdictions, but not Texas, the ________must be present at the time of entry in order for the crime to be a burglary - ANS-Specific intent to commit a crime Embezzlement, extortion, swindling, shoplifting, and theft - ANS-Have been consolidated into a single term and/ or statue by many states Fred finds out that his neighbor, Mark, is having an affair with another neighbor. Mark;s wife is unaware of the affair. Fred tells Mark that he will tell Mark's wife about the affair unless Mark pays him $5,000. Fred has committed_____ - ANS-Blackmail Joseph takes blank stolen checks and goes to local stores with them. He begins purchasing big ticket items, such as a computer, expensive sporting equipment, and even a large screen TV for his mother, by pretending to be the person listed on the check. Before long, the authorities are knocking on Joseph's door and he is placed under arrest. When Joseph signs the checks with someone else's name, this is the crime of: - ANS-Forgery Even if a person achieves entry through an open outer door with consent, breaking into an inner door or secured area of a building with intent to commit theft is: - ANS-Still burglary Bill forcibly entered a building after business hours and proceeded to remove eight computers. He then sold these computers to Jason, who in turn sold them to Julie. Julie did not know the origin of the computers, but Jason did. ______ made Bill's crime that of burglary - ANS-The unlawful entry of a structure to commit a felony or theft
In Texas, the two options for a jury in the punishment phase of capital murder where the state seeks the death penalty are: - ANS-Life without parole and death In states that allow medical or personal marijuana use: - ANS-The federal government could still prosecute person in possession of marijuana What is the term for when a defendant is given sentences that are to be served at the same time? - ANS-Concurrent With regard to the penalties for drug offenses, which of the following statement is most accurate? - ANS-Deliveries are treated more harshly than mere possessions and greater quantities are treated more harshly than smaller quantities The Supreme Court invalidated existing capital punishment laws because the way they were administered imposed sentence that were arbitrary and capricious in the case of: - ANS-Furman vs Georgia In Texas, driving while intoxicated is defined as having an alcohol concentration above a certain limit or: - ANS-Not having the normal use mental or physical faculties ________ hold alcohol servers responsible for harm that intoxicated or underage patrons cause to other people - ANS-Dram shop acts What is the term for when a defendant is given sentences that are to be served one after the other? - ANS-Consecutive The charge of ACTUAL possession means the controlled substance is recovered: - ANS-On the defendant's person _______ is a sentence that a criminal is allowed to serve under supervision while remaining in the community - ANS-Probation If a state legislature decides to create sentencing laws that seek to punish people bases on the belief that offenders deserve to be punished, this would be an example of what of punishment - ANS-Retribution The BAC level in which driving while intoxicated is prohibited is most commonly set at: - ANS-0. A _______ is NOT an example of drug paraphernalia - ANS-Lighter Marijuana is categorized by federal law as a schedule ___ drug - ANS-I A ______ is defined as a substance representing a controlled substance in its nature, packaging, or appearance, which lead a reasonable person to believe it to be controlled substance - ANS-Simulated controlled substance
A defendant arrested in possession of a very large amount of an illegal drug would most likely be charged with the offense of: - ANS-Possession with intent to deliver a controlled substance If a state legislature decides to create sentencing laws that either seek to make examples of offenders in order to discourage other citizens from committing offenses or seek to discourage the offenders themselves from committing new offenses, this would be an example of what goal of punishment - ANS-Deterrence States cannot punish people for _______ controlled substances - ANS-Being addicted to If a victim is intentionally selected because of his or her race, religion, color, nationally, etc the defendant may be charged criminally with: - ANS-A hate crime
