Exam 3: The Criminal Law in Daily Practice

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?

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?

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.

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

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

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:

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.

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

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

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

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

Murder is a lesser included offense of manslaughter.

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

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.

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

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

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

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

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

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?