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CRIMINAL LAW #1

(quiz 1&quiz 2

QuestionAnswer
A crime is any social harm defined and made punishable by law true
The government is considered the victim of all criminal acts true
The Common law is a body of legal rules that developed largely from enactments by the English parliament false
under Texas law a misdemeanor is punished only by a monetary fine false
class A misdemeanor is? up to 1 year in jail and/ or $4000
class B misdemeanor is? up to 180 days in jail and/or $2000
class C misdemeanor is? up to $500 no time in jail
malum in se means? naturally wrong
malum prohibitum means? wrong because forbidden by legislature
who wrote this quote "a crime... is an act committed, or omitted, in violation of a public law, either forbidding or commanding it" William Blackstone
modern definition of a crime a crime is any social harm defined and made punishable by law.
murder and theft are examples of malum in se crimes true
The use of enhanced punishment for repeat offenders is based on the specific deterrence theory of criminal law true
The use discretion by the police when enforcing the criminal law is unconstitutional behavior false
the extent of texas criminal jurisdiction into the gulf of mexico is limited by federal law to three miles from the mean high tide line false
for texas to exercise jurisdiction over a crime only a single element of the offense need occur within the state true
purpose of criminal law? general deterrence, specific deterrence, rehabilitation, retribution, incapacitation
american law only punished voluntary act true
the most common form of conduct subject to criminal liability is an affirmative act by the offender true
some criminal statutes contain more than one culpable mental state. true
The level of proof needed to establish criminally negligent conduct is the same level of proof necessary to establish negligence in a civil suit true
for a crime to occur a concurrence in time must exist between the culpable mental state and the conduct element true
in addition to a possible fine the penalty for commission of a first degree felon is incarceration in the state prison for a term of years between 5 and 99
second degree felony is? 2-20 years
third degree felony is? 2 -10 years
wide variations exist across the state in implementing the criminal law true
class a and b misdemeanors cases are prosecuted in county court. true
the prosecution of felony cases is handled by the district attorney true
the highest criminal appellate court in the state is the Texas supreme court false
What does Corpus delicti mean? "body of the crime
Formal criminal charges are normally initiated by a peace officer filing a sworn complaint
The only court in Texas that serves are both a trial court and an appellate court is county court
The legal term "statute of limitations refers to the legal barring of a criminal prosecution after a predetermine time period.
can someone who commits a crime in Texas but continues that crime in another state and get charged in both? yes he can both Texas and the federal government because of duel sovereign doctrine
to determine issues of causation in the criminal law, Texas utilizes what test? the :"but for" test
the US Constitution specifically prohibits the enactment of which of the following types of laws ex post facto laws
the definition of crimes and their penalties are called substantive criminal law
What section in the penal code focuses on the voluntary act or omission sec .6.01
the culpable mental state may apply to the nature of the conduct, result of the conduct and the circumstances surrounding the conduct
the texas official responsible for the prosecution of felony cases is the district attorney
The flow if criminal cases through the Texas court system is largely controlled by the prosecutor
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 direct filing
The type and level of formal charge to file against a criminal suspect is solely the decision of the prosecutor
before a felony case can be proceed to trial the grand jury must issue a true bill indictment
if charles is arrested for burglary and the officer books him under such crime but the district attorney changes to only attempted the determination will be made by the charge listed in the grand jury's indictment
an indictment can only be issued by a grand jury
the charging instrument in a misdemeanor court case is called an information
the charging instrument used to prosecute misdemeanor offenses must be signed by the prosecutor in the case
dexter us arrested for a felony what court will he go to district court
class c misdemeanor offenses that occur outside the limits of a city are prosecuted in justice court
capital murder texas court of criminal appeals
Created by: jennram
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