Question 1

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?

Accepted Answer

A) The mistake in identity has no effect on determining whether or not Joe's actions 	constituted a hate crime. 
B) The mistake in identity makes it impossible to consider the act a hate crime because the 	victim was not,in fact,a Muslim. 
C) The mistake in identity does not matter because Hispanics are a minority group just like 	Muslims,so Joe's actions still constitute a hate crime. 
D) Joe's mistake will have no effect on determining whether the act constituted a hate crime 	if the prosecution can establish that a reasonable person in Joe's situation would have made 	the same mistake in identity as Joe.

Question 2

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?

Accepted Answer

A) John may be prosecuted and convicted of the murder since new evidence is available. 
B) John may not be retried for the murder of Marsha because of the Constitutional 	prohibition against double jeopardy. 
C) John may not be retried for the murder of Marsha but may be retried for manslaughter,a 	lesser included offense of murder. 
D) John may be retried for the murder of Marsha if the prosecutor can establish that John 	was responsible for initially hiding the new evidence from the police.

Question 3

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.

Accepted Answer

A) True 
 B)False

Question 4

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

Accepted Answer

A) True 
 B)False

Question 5

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

Accepted Answer

A) True 
 B)False

Question 6

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:

Accepted Answer

A) subordinate prosecution. 
B) direct filing. 
C) open charging. 
D) bypass prosecution.

Question 7

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.

Accepted Answer

The answer of Bill is driving his automobile after an...

Question 8

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

Accepted Answer

A) True 
 B)False

Question 9

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

Accepted Answer

The answer of While referred to generally as "hate crimes,"...

Question 10

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

Accepted Answer

A) the prosecutor in the case. 
B) the judge hearing the case. 
C) the foreman of the grand jury. 
D) the individual accused in the case.

Question 11

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

Accepted Answer

The answer of A crime that contains some but not...

Question 12

Murder is a lesser included offense of manslaughter.

Accepted Answer

A) True 
 B)False

Question 13

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

Accepted Answer

A) Texas Court of Criminal Appeals. 
B) United States District Court. 
C) Texas Supreme Court. 
D) United States Supreme Court.

Question 14

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.

Accepted Answer

The answer of In bias crimes that relate to acts...

Question 15

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

Accepted Answer

A) True 
 B)False

Question 16

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

Accepted Answer

A) True 
 B)False

Question 17

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

Accepted Answer

A) arresting peace officer. 
B) victim of the crime. 
C) prosecutor. 
D) judge before whom the suspect first appears.

Question 18

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

Accepted Answer

A) True 
 B)False

Question 19

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

Accepted Answer

A) True 
 B)False

Question 20

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?

Accepted Answer

A) economic status of the victim 
B) college affiliation of the victim 
C) marital status of victim 
D) sexual preference of the victim

Exam 3: The Criminal Law in Daily Practice

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:

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?