Question 1

The most common attendant circumstance that determines whether behavior is an offense is:

Accepted Answer

A) the location of the offense. 
B) the age of the victim of the offense. 
C) the time of day the offense occurs. 
D) the motive for the offense. 
A) the location of the offense. 
B) the age of the victim of the offense. 
C) the time of day the offense occurs. 
D) the motive for the offense.

Question 2

A factor that limits the application of a criminal law to a particular time,place,or person is known as an ______________ circumstance.

Accepted Answer

The answer of A factor that limits the application of...

Question 3

Lawful conduct may become unlawful conduct simply because of:

Accepted Answer

A) when the conduct occurs. 
B) where the conduct occurs. 
C) who engages in the conduct. 
D) any of the above depending on the specifics of the statute. 
A) when the conduct occurs. 
B) where the conduct occurs. 
C) who engages in the conduct. 
D) any of the above depending on the specifics of the statute.

Question 4

Under the Texas Penal Code,a person who fails to act under particular circumstances commits a criminal offense only if:

Accepted Answer

A) he could have acted without potential harm to himself. 
B) an existing law required him to act under those circumstances. 
C) his failure to act results in personal injury or death to another. 
D) the reasonable man would have acted under the same or similar circumstances. 
A) he could have acted without potential harm to himself. 
B) an existing law required him to act under those circumstances. 
C) his failure to act results in personal injury or death to another. 
D) the reasonable man would have acted under the same or similar circumstances.

Question 5

An accused may be held criminally responsible even if his victim's resultant injuries are more serious than the accused intended.

Accepted Answer

A) True 
 B)False

Question 6

The four forms of culpable mental state recognized under Texas law are intent,__________,recklessness,and criminal negligence.

Accepted Answer

The answer of The four forms of culpable mental state...

Question 7

Explain the concept of the doctrine of transferred intent.How does the doctrine apply in Texas?

Accepted Answer

The doctrine of transferred intent is a

Question 8

To determine the cause-in-fact in a criminal prosecution,Texas uses the __(two words)___ test.

Accepted Answer

The answer of To determine the cause-in-fact in a criminal...

Question 9

Consensual sexual intercourse with a person under age 17 constitutes the crime of sexual assault of a child.Consensual sexual intercourse with a person 17 or older is not an offense.In this situation,it would be correct to say that the age of the victim is an ______________ circumstance of the elements of the offense.

Accepted Answer

The answer of Consensual sexual intercourse with a person under...

Question 10

The culpable mental state known as criminal negligence is identical to the standard used for proving negligence in a civil lawsuit.

Accepted Answer

A) True 
 B)False

Question 11

Offenses committed with the culpable mental state of __________ are generally viewed as the most serious in society.

Accepted Answer

The answer of Offenses committed with the culpable mental state...

Question 12

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:

Accepted Answer

A) George has criminal responsibility for Randy's injury because his motive was to hurt or kill Randy. 
B) George is criminally responsible for Randy's injury because but for George's conduct,Randy would not have broken his ankle. 
C) George is not criminally responsible for Randy's injury because an intervening cause (jumping from the porch),not George's conduct,produced the injury. 
D) George is criminally responsible for Randy's injury due to the doctrine of transferred intent. 
A) George has criminal responsibility for Randy's injury because his motive was to hurt or kill Randy. 
B) George is criminally responsible for Randy's injury because but for George's conduct,Randy would not have broken his ankle. 
C) George is not criminally responsible for Randy's injury because an intervening cause (jumping from the porch),not George's conduct,produced the injury. 
D) George is criminally responsible for Randy's injury due to the doctrine of transferred intent.

Question 13

In cases where the statute fails to mention a culpable mental state,unless the definition of the offense plainly dispenses with a culpable mental state,proof of at least recklessness must be established in order to convict the accused.

Accepted Answer

A) True 
 B)False

Question 14

Roger is late for work.As he approaches an intersection in his car he observes that the traffic signal is red.Not seeing any other cars,Roger decides to proceed through the intersection without stopping.As he enters the intersection,Terry,riding a motorcycle,comes over the hill into the intersection and strikes the side of Roger's automobile.Terry is thrown from the motorcycle and seriously injured.Under these facts it would be accurate to say that Roger:

Accepted Answer

A) has no criminal responsibility because Terry hit him; he did not hit Terry. 
B) was acting recklessly when he ran the red signal. 
C) knowingly caused Terry's injuries as he should have anticipated cross-traffic. 
D) is responsible for Terry's injuries due to the doctrine of transferred intent. 
A) has no criminal responsibility because Terry hit him; he did not hit Terry. 
B) was acting recklessly when he ran the red signal. 
C) knowingly caused Terry's injuries as he should have anticipated cross-traffic. 
D) is responsible for Terry's injuries due to the doctrine of transferred intent.

Question 15

The word "concurrence" as an element of a criminal offense refers to the relationship in _______ between the conduct and the culpable mental state.

Accepted Answer

The answer of The word "concurrence" as an element of...

Question 16

Assume Adam purposefully fires a pistol at Baker.The bullet misses Baker but strikes and kills Charlie,an innocent bystander.At his trial for murdering Charlie,Adam argues that he is not guilty because he did not intend to shoot Charlie; he was trying to kill Baker.Which of the following is the most likely outcome of this situation?

Accepted Answer

A) Adam will be found not guilty of murdering Charlie because he lacked the necessary culpable mental state. 
B) Adam will be found guilty of recklessly killing Charlie because he was aware that the shot might miss Baker. 
C) Adam will be found guilty of murdering Charlie due to application of the doctrine of transferred intent. 
D) Adam will be found not guilty of murdering Charlie but will be found guilty of attempting to murder Baker. 
A) Adam will be found not guilty of murdering Charlie because he lacked the necessary culpable mental state. 
B) Adam will be found guilty of recklessly killing Charlie because he was aware that the shot might miss Baker. 
C) Adam will be found guilty of murdering Charlie due to application of the doctrine of transferred intent. 
D) Adam will be found not guilty of murdering Charlie but will be found guilty of attempting to murder Baker.

Question 17

The doctrine of transferred intent is used by courts to determine whether an accused is eligible for probation after conviction.

Accepted Answer

A) True 
 B)False

Question 18

The most common form of conduct subject to criminal liability is an affirmative act by the offender.

Accepted Answer

A) True 
 B)False

Question 19

The temporal connection between the culpable mental state and the conduct element of a criminal offense is called _________.

Accepted Answer

The answer of The temporal connection between the culpable mental...

Question 20

The three forms of conduct that are criminalized under Texas law are acts,omissions to act,and __________.

Accepted Answer

The answer of The three forms of conduct that are...

The most common attendant circumstance that determines whether behavior is an offense is:

A factor that limits the application of a criminal law to a particular time,place,or person is known as an ______________ circumstance.

Lawful conduct may become unlawful conduct simply because of:

Under the Texas Penal Code,a person who fails to act under particular circumstances commits a criminal offense only if:

An accused may be held criminally responsible even if his victim's resultant injuries are more serious than the accused intended.

The four forms of culpable mental state recognized under Texas law are intent,__________,recklessness,and criminal negligence.

Explain the concept of the doctrine of transferred intent.How does the doctrine apply in Texas?

To determine the cause-in-fact in a criminal prosecution,Texas uses the (two words)_ test.

The culpable mental state known as criminal negligence is identical to the standard used for proving negligence in a civil lawsuit.

Offenses committed with the culpable mental state of __________ are generally viewed as the most serious in society.

In cases where the statute fails to mention a culpable mental state,unless the definition of the offense plainly dispenses with a culpable mental state,proof of at least recklessness must be established in order to convict the accused.

The word "concurrence" as an element of a criminal offense refers to the relationship in _______ between the conduct and the culpable mental state.

The doctrine of transferred intent is used by courts to determine whether an accused is eligible for probation after conviction.

The most common form of conduct subject to criminal liability is an affirmative act by the offender.

The temporal connection between the culpable mental state and the conduct element of a criminal offense is called _________.

The three forms of conduct that are criminalized under Texas law are acts,omissions to act,and __________.

Foundations of Criminal Law

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

General Defenses and Justification

Federal Criminal Law

Filters

Exam 2: Elements of a Crime

The most common attendant circumstance that determines whether behavior is an offense is:

A factor that limits the application of a criminal law to a particular time,place,or person is known as an ______________ circumstance.

Lawful conduct may become unlawful conduct simply because of:

Under the Texas Penal Code,a person who fails to act under particular circumstances commits a criminal offense only if:

An accused may be held criminally responsible even if his victim's resultant injuries are more serious than the accused intended.

The four forms of culpable mental state recognized under Texas law are intent,__________,recklessness,and criminal negligence.

Explain the concept of the doctrine of transferred intent.How does the doctrine apply in Texas?

To determine the cause-in-fact in a criminal prosecution,Texas uses the __(two words)___ test.

The culpable mental state known as criminal negligence is identical to the standard used for proving negligence in a civil lawsuit.

Offenses committed with the culpable mental state of __________ are generally viewed as the most serious in society.

In cases where the statute fails to mention a culpable mental state,unless the definition of the offense plainly dispenses with a culpable mental state,proof of at least recklessness must be established in order to convict the accused.

The word "concurrence" as an element of a criminal offense refers to the relationship in _______ between the conduct and the culpable mental state.

The doctrine of transferred intent is used by courts to determine whether an accused is eligible for probation after conviction.

The most common form of conduct subject to criminal liability is an affirmative act by the offender.

The temporal connection between the culpable mental state and the conduct element of a criminal offense is called _________.

The three forms of conduct that are criminalized under Texas law are acts,omissions to act,and __________.

Foundations of Criminal Law

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

General Defenses and Justification

Federal Criminal Law

Filters

To determine the cause-in-fact in a criminal prosecution,Texas uses the (two words)_ test.