Texas Penal Code LATEST EXAM QUESTIONS AND CORRECT DETAILED ANSWERS WITH RATIONALES (VERIFIED ANSWERS) |ALREADY GRADED A+
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Texas Penal Code
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Texas Penal Code
Texas Penal Code LATEST EXAM
QUESTIONS AND CORRECT DETAILED
ANSWERS WITH RATIONALES (VERIFIED
ANSWERS) |ALREADY GRADED A+
Proof Beyond a Reasonable Doubt - CORRECT ANSWER All persons are presumed
to be innocent and no person may be convicted of an offense unless each element of
the offen...
Texas Penal Code LATEST EXAM
QUESTIONS AND CORRECT DETAILED
ANSWERS WITH RATIONALES (VERIFIED
ANSWERS) |ALREADY GRADED A+
Proof Beyond a Reasonable Doubt - CORRECT ANSWER All persons are presumed
to be innocent and no person may be convicted of an offense unless each element of
the offense is proved beyond a reasonable doubt. The fact that person has been
arrested. Confined or indicted for, or otherwise charged with, the offense gives rise to
no inference of guilt at trial.
Exception - CORRECT ANSWER A.) An exception to an offense is so labeled by the
phrase; "It is an exception to the application of.." B.)The prosecuting attorney (state)
must negate the existence of an exception in the accusation charging commission of the
offense and prove beyond a reasonable doubt that the defendant or defendant's
conduct does not fall within the exception.
Exception (Example)
Defense - CORRECT ANSWER A.) A defense to prosecution for an offense is so
labelled by the phrase: "It is a defense to prosecution..." B.) The prosecuting
attorney(state) is NOT REQUIRED to negate the existence of a defense in the
accusation charging commission of the offense; (but may REBUT/DISPROVE defense
beyond a reasonable doubt.)
Affirmative Defense - CORRECT ANSWER A.) Affirmative Defense is so labeled by
the phrase; "It is an affirmative defense to prosecution..." B.) The prosecuting
attorney(state) is NOT REQUIRED to negate the existence of an affirmative defense in
the accusation charging commission of the offense:(but may rebut/disprove defense
beyond a reasonable doubt) C.) If the issue of the existence of an affirmative defense is
submitted to the jury, the court shall charge that the defendant must prove the
affirmative defense by a prepnderance of evidence.
Criminal episode - CORRECT ANSWER ? means the commission of two or more
offenses, pursuant to the same transaction of that constitute a common scheme or plan.
Voluntarily - CORRECT ANSWER A person commits an offense, only if he engages in
it ?
,Reckless - CORRECT ANSWER Of the definition of an offense does not prescribe a
culpable mental state but one is required by law, the lowest level of culpability to convict
is...
Intent/Intentional - CORRECT ANSWER the nature of his conduct or to a result of his
conduct when it is his conscious objective or desire to engage in the conduct or cause
the result
Criminal Negligence - CORRECT ANSWER When "one ought to be aware of
substantial and unjustifiable risk, that the result will occur," defines...
Reckless - CORRECT ANSWER When one "is aware of substantial and unjustifiable
risk that the result will occur," defines...
Knowingly - CORRECT ANSWER When one "is aware that his conduct is reasonably
certain to cause the result" defines...
Intentional - CORRECT ANSWER When it is ones' "Conscious objective to engage in
the conduct or cause the result" defines...
Criminally Responsible - CORRECT ANSWER A person is ? if the result would not
have occurred, but for his conduct.
Same offense as the principle actor - CORRECT ANSWER A person that merely
assist another person to commit a crime, but does not actually do the crime him or
herself, is guilty of ?
Mistake of fact - CORRECT ANSWER Which of these 'is' a defense to prosecution?
and his mistaken belief negated the kind of culpability required for the offense.
Intoxication - CORRECT ANSWER Which of these is 'not' a defense to prosecution or
also does not constitute a defense to the commission of crime
General Rule - CORRECT ANSWER a person may not be prosecuted for or convicted
of any offense that the person committed when younger than 15 years of age.
Certification Rule - CORRECT ANSWER Unless the juvenile court waives jurisdiction
and certifies the individual for criminal prosecution or the juvenile court has previously
waived jurisdiction and certified the individual for criminal prosecution, person may not
be prosecuted for or convicted of any offense committed before reaching 17 years of
age.
Class C - CORRECT ANSWER An offense designated a "Misdemeanor" without
specification as to punishment or category, is considered a class ? misdemeanor.
,Class C - CORRECT ANSWER Which class misdemeanor "Does not impose any
legal disability or disadvantage?"
Capital felony - CORRECT ANSWER Which of these is the highest category of
felony?
Life or Life without parole.
Class A misdemeanor - CORRECT ANSWER A class ? misdemeanor is punishable
by a fine and not exceed $4,000.00 and or jail up to 1 year.
Class B misdemeanor - CORRECT ANSWER A class ? misdemeanor is punishable
by a fine to exceed $2,000.00 and or jail up to 180 days.
$500.00 fine only - CORRECT ANSWER A class C misdemeanor has maximum
punishment of ?
2nd degree felony - CORRECT ANSWER Which felony results in 2 years to 99 years
imprisonment with a possible $10,000 fine?
3rd degree felony - CORRECT ANSWER Which felony results in 2 years to 10 years
imprisonment with a possible $10,000 fine?
1st degree felony - CORRECT ANSWER Which felony results in 5 years to 99 years
or life, in the penitentiary? with a $10,000 fine
State jail felony - CORRECT ANSWER Which felony has minimum jail time of six
months or 2 years or 180 days? with a $10,000.00 fine.
LIFE - CORRECT ANSWER Capital felony offense where the state does not seek the
death penalty upon conviction, the punishment is ?
A. He has prior felony conviction for aggravated sexual assault.
B. He used a deadly weapon during his crime.
C. Anyone associated with the crime used a deadly weapon. - CORRECT ANSWER
A state jail felony can be punished as a 3rd degree felony if...
He has 2 prior state jail felony convictions - CORRECT ANSWER If a person is
convicted for a state jail felony, he shall be punished as a 3rd degree felony if:
2nd degree - CORRECT ANSWER A person convicted of a state jail felony that has 2
prior felony convictions (one subsequent to the first), shall be punished as a ? felony.
20 - CORRECT ANSWER A person convicted of a 3rd degree felony that has a prior
felony conviction, can receive a maximum of ? years in prison.
, 99 to life - CORRECT ANSWER A person convicted of a 2nd degree felony that has
prior felony conviction, can receive a maximum or ? years in prison.
90 days - CORRECT ANSWER A person convicted of a class A misdemeanor, with a
prior class A misdemeanor or felony conviction, must serve a minimum of... 90 days
30 days - CORRECT ANSWER A person convicted of a class B misdemeanor, with a
prior class B misdemeanor or felony, must serve a minimum of...
Criminal attempt - CORRECT ANSWER " A person commits ? if with specific intent to
commit an offense he does an act amounting to more than mere preparation, that tends
but fails to effect the commission of the intended offense."
Criminal conspiracy - CORRECT ANSWER "A person commits ?, if with intent that a
felony be committed he agrees with one or more persons that they engage in conduct
that would constitute the offense and one of them performs an over act in pursuance of
the agreement."
Criminal solicitation - CORRECT ANSWER "A person commits ?, if with intent to
commit a capital felony he requests another to engage in that capital felony or to assist
in its commission."
17 - CORRECT ANSWER For the offense of "Criminal Solicitation of a minor," the
person "solicited" to commit the required offense must be under age
Criminal instrument - CORRECT ANSWER "Anything, the possession, manufacture,
or sale of which is not otherwise an offense, that is specifically designed, made or
adapted for use in the commission of an offense" defines
Objectives to the Penal Code - CORRECT ANSWER To insure public safety
deterring
rehabilitation and punishment
penalties and safeguarding
guide and limit
and to define the scope of state interest in law enforcement against specific offenses
and to systematize the exercise of state criminal jurisdiction.
Texas Penal Code - CORRECT ANSWER to establish a system of prohibitions,
penalties, and correctional measures to deal with conduct that unjustifiably and
inexcusably causes or threatens harm to those individual or public interest for which
state protection is appropriate.
Anniversary - CORRECT ANSWER Person attains a specified age on the day of the
??? of his birth-date.
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