Exam 3: The Criminal Law in Daily Practice

Walt is convicted of manufacture of methamphetamine,a felony.He and his attorney believe Walt did not receive a fair trial.It would be appropriate for Walt to seek judicial review of his trial by the Texas:

The lesser included offense rule allows a defendant to be convicted of the offense established by the courtroom evidence,not just the offense charged.

The County Court is the only level of Texas court that may serve as either a trial court or an appellate court depending on the nature of the case.

Before a felony case can proceed to trial,the grand jury must:

In order to prove that an offender's conduct is a hate or bias crime,in addition to the normal elements of the offense,the prosecution must also prove the accused's:

The various forms of County Court hold jurisdiction over Class A and Class B misdemeanor trials.

Do statutes of limitations serve a useful society purpose or should the concept be abolished?

Once a suspect is arrested and charged with a crime,he must be taken before a _________ where he will be told of the charges and bail will be set,if appropriate.

A person may not be prosecuted for the same offense after acquittal due to the Constitutional prohibition against $\underline{ (\text { two words })}$ .

Identify the four levels of trial courts in Texas and describe their respective jurisdiction in criminal cases.

Given the high standard of proof necessary for conviction in a criminal case,does the Constitutional provision against double jeopardy produce too great a benefit to a criminal offender and too great a cost to society?

A criminal defendant whose conviction has been overturned on appeal may not be retried for the same offense because to do so would violate the Constitutional prohibition against double jeopardy.

Assume Charles is arrested while breaking into the local jewelry store.The arresting officer books him into jail on a charge of burglary.Upon reviewing the case,the assistant district attorney decides to file formal charges of attempted burglary instead of burglary.Ultimately, the actual charge for which Charles is prosecuted in court will be determined by:

Depending on the particular Texas county where a misdemeanor charge is filed,the prosecution of the case will be the responsibility of the district attorney or the __________ attorney.

Courts use the __________ test to determine whether conviction of several crimes arising from the same factual incident violates the prohibition against double jeopardy.

Texas law does not explicitly state the amount of evidence a grand jury needs to issue a felony indictment.