Question 1

Alan is the leader of an urban street gang that engages in a variety of criminal activity ranging from illegal drug sales to prostitution and extortion.Alan is criminally responsible for the crimes his gang members commit due to the ________ Rule.

Accepted Answer

The answer of Alan is the leader of an urban...

Question 2

Ken places a $100,000 bet on the outcome of the national college football championship game with Ted,a well-known bookmaker.Ken loses the wager.Jeremy,a police officer assigned to the vice squad,learns of the illegal wager.If Jeremy decides to file criminal charges against Ken and Ted,Jeremy should remember that:

Accepted Answer

A) the Holloway Rule will prevent Ken from being convicted of illegal gambling. 
B) Jacob's Theory will prevent Ted from being convicted of illegal promotion of gambling. 
C) Wharton's Rule will prevent Ken and Ted from being convicted of conspiracy to violate the gambling laws. 
D) the Doctrine of Mutual Merger will prevent Ken and Ted from being convicted of any offense related to the wager.

Question 3

Bill is arrested for burglarizing Joe's home and stealing his collection of antiques.Bill cannot be convicted of both attempted burglary and burglary because attempted burglary is a ________ of burglary.

Accepted Answer

The answer of Bill is arrested for burglarizing Joe's home...

Question 4

Bob and Rob are sitting in a tavern drinking.They are discussing the recent hike in the sales tax.Bob says to Rob,"Those scoundrels in Austin are only interested in getting re-elected.We should teach them that the public still controls this state,not them." Rob responds,"You're right.We ought to burn down the Capitol.That will show them." Bob says,"I agree.A little barbeque in Austin would get their attention." The conversation is overheard by an off-duty police officer.Bob and Rob have committed:

Accepted Answer

A) criminal conspiracy (arson). 
B) criminal attempt (arson). 
C) criminal solicitation (arson). 
D) no offense yet.

Question 5

Which of the following is a defense to a criminal conspiracy charge?

Accepted Answer

A) legal impossibility 
B) renunciation 
C) acquittal of all other members of the conspiracy 
D) All of the above are defenses depending of the factual circumstances of the case.

Question 6

Alice plans to murder Theodore.She buys a pistol and ammunition.At this point she has committed attempted murder regardless of whether she takes additional steps to cause Theodore's death.

Accepted Answer

A) True 
 B)False

Question 7

The Texas Penal Code does not contain a traditional statute outlawing the possession of burglar tools.Rather,the use of specialized tools for committing a burglary would be a violation of which of the following statutes?

Accepted Answer

A) possession of contraband equipment 
B) illegal possession of instruments of crime 
C) misprision of a felony 
D) unlawful use of criminal instrument

Question 8

The ________ holds that a member of a criminal conspiracy is responsible for all reasonably foreseeable crimes committed by a co-conspirator.

Accepted Answer

The answer of The ________ holds that a member of...

Question 9

Explain the Pinkerton Rule and how it can be used effectively in prosecuting organized crime cases.

Accepted Answer

The answer of Explain the Pinkerton Rule and how it...

Question 10

Under Texas law,the term "criminal combination" refers to two or more urban gangs conspiring to commit a felony.

Accepted Answer

A) True 
 B)False

Question 11

Jack goes to a party at his friend Jill's apartment.Over the course of the evening he becomes highly intoxicated.About 2 a.m.the party winds downs and Jack decides to go home.He goes to the apartment parking lot and enters his car.However,before he can place the keys in the ignition,he passes out.An hour later a police officer finds Jack asleep in the front seat of the car.Jack is arrested.Jack can properly be charged and convicted of:

Accepted Answer

A) criminal attempt (driving while intoxicated). 
B) criminal attempt (deadly conduct). 
C) criminal attempt (disorderly conduct). 
D) none of the above because his conduct does not go beyond mere preparation to commit an offense.

Question 12

The legal principle known as Wharton's Rule states that an agreement to commit a particular crime cannot be prosecuted as a conspiracy when the crime is of such a nature as to necessarily require two persons for its commission.

Accepted Answer

A) True 
 B)False

Question 13

Brenda learns that her friend Jean has been having sex with Brenda's husband.Enraged,Brenda,who has a handgun license,goes to Jean's home and confronts her.An argument ensues and Brenda draws her handgun from her purse.She points the pistol at Jean and pulls the trigger.However,the pistol misfires and fails to ignite the cartridge.This gives Jean time to flee and contact the police.Brenda is arrested and charged with criminal attempt (murder).At trial,Brenda's defense is that she could not have murdered Jean because the pistol did not work properly.Under these facts it is likely that:

Accepted Answer

A) Brenda will be found guilty of criminal attempt (murder). 
B) Brenda's defense of factual impossibility will result in an acquittal. 
C) Brenda's defense of inherent impossibility will result in an acquittal. 
D) Brenda's defense of legal impossibility will result in an acquittal.

Question 14

Vic is the leader of an outlaw motorcycle gang.The gang earns money primarily through the production and sale of various illicit drugs.Vic,however,never goes to where the drugs are made and is never present when a drug sale is made.He remains at the gang's headquarters and processes the revenue earned from the sales.Under Texas law,however,Vic may be lawfully convicted of the manufacture and sale of unlawful drugs through application of the legal principle known as:

Accepted Answer

A) Wharton's Rule. 
B) the rule against perpetuities. 
C) the Oak & Acorn Rule. 
D) the Pinkerton Rule.

Question 15

Under Texas law,a husband and wife team who commits a burglary can be convicted of burglary but cannot be convicted of conspiracy to commit burglary because a married couple is treated as one legal person in the eyes of the law.Thus,no conspiracy of two or more persons exists.

Accepted Answer

A) True 
 B)False

Question 16

While a conspiracy only requires more than one person agreeing to commit a felony,committing the offense of engaging in organized crime requires at least three participants.

Accepted Answer

A) True 
 B)False

Question 17

Under Texas law,using lawful items for unlawful purposes is one method of violating the use of criminal instrument statute.

Accepted Answer

A) True 
 B)False

Question 18

Current Texas law limits the application of the criminal solicitation statute to capital felonies and felonies of the first degree.Anecdotal evidence suggests that virtually all criminal solicitation prosecutions involve solicitation of murder or capital murder.Should the criminal solicitation statute be expanded to cover the solicitation of any felony offense? Why or why not?

Accepted Answer

The answer of Current Texas law limits the application of...

Question 19

Which of the following items constitutes a "criminal instrument" under Texas law?

Accepted Answer

A) a prybar used by a burglar to gain entry into a residence 
B) a pistol discharged by a bandit while robbing a convenience store 
C) a sock gag used by a kidnapper to silence the cries of his victim 
D) All of the above items are criminal instruments under Texas law.

Question 20

Inherent impossibility is a defense to a charge of criminal attempt.

Accepted Answer

A) True 
 B)False

Exam 14: Preparatory Offenses and Organized Criminal Activity

Alan is the leader of an urban street gang that engages in a variety of criminal activity ranging from illegal drug sales to prostitution and extortion.Alan is criminally responsible for the crimes his gang members commit due to the ________ Rule.

Bill is arrested for burglarizing Joe's home and stealing his collection of antiques.Bill cannot be convicted of both attempted burglary and burglary because attempted burglary is a ________ of burglary.

Which of the following is a defense to a criminal conspiracy charge?

Alice plans to murder Theodore.She buys a pistol and ammunition.At this point she has committed attempted murder regardless of whether she takes additional steps to cause Theodore's death.

The Texas Penal Code does not contain a traditional statute outlawing the possession of burglar tools.Rather,the use of specialized tools for committing a burglary would be a violation of which of the following statutes?

The ________ holds that a member of a criminal conspiracy is responsible for all reasonably foreseeable crimes committed by a co-conspirator.

Explain the Pinkerton Rule and how it can be used effectively in prosecuting organized crime cases.

Under Texas law,the term "criminal combination" refers to two or more urban gangs conspiring to commit a felony.

The legal principle known as Wharton's Rule states that an agreement to commit a particular crime cannot be prosecuted as a conspiracy when the crime is of such a nature as to necessarily require two persons for its commission.

Under Texas law,a husband and wife team who commits a burglary can be convicted of burglary but cannot be convicted of conspiracy to commit burglary because a married couple is treated as one legal person in the eyes of the law.Thus,no conspiracy of two or more persons exists.

While a conspiracy only requires more than one person agreeing to commit a felony,committing the offense of engaging in organized crime requires at least three participants.

Under Texas law,using lawful items for unlawful purposes is one method of violating the use of criminal instrument statute.

Which of the following items constitutes a "criminal instrument" under Texas law?

Inherent impossibility is a defense to a charge of criminal attempt.