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CRIMINAL LAW #1
(quiz 1&quiz 2
| Question | Answer |
|---|---|
| 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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