Exam 3: The Criminal Law in Daily Practice

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

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

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.

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.

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?

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.

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.

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

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.

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

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.

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.

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

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

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.

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?

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

The Texas official responsible for the prosecution of felony cases is the:

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:

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