Crij 2364 Exam #2

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| By Leslie Gomez

Leslie Gomez

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Quizzes Created: 2 | Total Attempts: 304

Questions: 84 | Attempts: 112 | Updated: Mar 15, 2023

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Questions and Answers

1.

The Law of Complicity is:
- A.
  
  When a criminal event involves three perpetrators
- B.
  
  When one is responsible for the criminal acts of another
- C.
  
  When one is the least blameworthy individual involved in the crime
- D.
  
  When the criminal event involves an accessory during the event
- E.
  
  None of the above
Correct Answer
B. When one is responsible for the criminal acts of another

Explanation
The Law of Complicity states that one is responsible for the criminal acts of another. This means that if someone assists or encourages another person to commit a crime, they can be held accountable for the actions of that person. This principle is based on the idea that individuals should be held responsible not only for their own actions, but also for their involvement in the criminal activities of others.

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2.

Under common law, the Principal in the First Degree:
- A.
  
  Is present at the crime and aids the principal in the third degree and performs the mens rea
- B.
  
  Is the accessory before the fact
- C.
  
  Is the individual who performs the actual criminal act
- D.
  
  Is the aider and abettor of the crime
- E.
  
  Is the person who plans the getaway
Correct Answer
C. Is the individual who performs the actual criminal act

Explanation
The correct answer is "is the individual who performs the actual criminal act." This means that the Principal in the First Degree is the person who directly commits the crime. They are physically present at the scene and actively engage in the criminal act. They are not just an accessory, aider and abettor, or planner of the crime. They are the primary offender who carries out the illegal act.

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3.

Under common law, the Accessory Before the Fact:
- A.
  
  Provides post-crime assistance with knowledge that the crime occurred but did not participate in the crime
- B.
  
  Aids and abets the crime but is not present at the crime scene (or provides the weapon or vehicle)
- C.
  
  Is the principal in the first degree
- D.
  
  Is the principal in the second degree
- E.
  
  Does not aid or abet the crime but is present at the crime scene
Correct Answer
B. Aids and abets the crime but is not present at the crime scene (or provides the weapon or vehicle)

Explanation
The correct answer is "aids and abets the crime but is not present at the crime scene (or provides the weapon or vehicle)". Under common law, an accessory before the fact is someone who assists or encourages the commission of a crime, but does not actually participate in the crime itself. They may provide assistance such as providing a weapon or vehicle used in the crime, or actively aiding the perpetrator in planning or carrying out the crime. However, they are not physically present at the scene of the crime.

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4.

With modern Texas Law of Parties:
- A.
  
  Texas distinguishes between criminal participants
- B.
  
  The focus is on specific mens rea of each party
- C.
  
  Parties are not treated equally but the law focuses on their actual role in the crime
- D.
  
  The focus is on the actus men of the first principal
- E.
  
  None of the above
Correct Answer
E. None of the above
5.

Under Modern Texas Law of Parties:
- A.
  
  The law abolishes the distinctions among participants of a criminal event
- B.
  
  The law focuses on establishing a relationship between the parties of an offense
- C.
  
  All parties who participated in the planning and execution of the offense are treated equally regardless of their actual factual role in the crime
- D.
  
  Culpability is not dependent on the extent of involvement in the crime
- E.
  
  All of the above
Correct Answer
E. All of the above

Explanation
Under the Modern Texas Law of Parties, all of the above statements are correct. The law removes the distinctions among participants of a criminal event and instead focuses on establishing a relationship between the parties involved in an offense. It treats all parties who participated in the planning and execution of the offense equally, regardless of their actual factual role in the crime. Additionally, culpability is not dependent on the extent of involvement in the crime. Therefore, all of the statements provided in the answer are true under the Modern Texas Law of Parties.

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6.

Under Modern Texas Law of Parties:
- A.
  
  All traditional distinction between accomplishes and principals are abolished
- B.
  
  A party must be a principal and an accomplice to be charged with a crime
- C.
  
  The concern of the law is NOT the degree of blameworthiness but on the degree of participation
- D.
  
  The concern of the law is NOT the degree of participation but on the degree of blameworthiness
- E.
  
  None of the above
Correct Answer
A. All traditional distinction between accomplishes and principals are abolished

Explanation
Under the Modern Texas Law of Parties, all traditional distinctions between accomplices and principals are abolished. This means that individuals can be charged with a crime regardless of whether they directly committed the crime or simply assisted or encouraged others to commit it. The law focuses on the degree of participation rather than the degree of blameworthiness, which means that individuals can be held accountable for their involvement in a crime regardless of their level of guilt or intent.

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7.

Vicarious Liability means:
- A.
  
  One person is NOT held liable for the conduct of another person
- B.
  
  One person is held criminally responsible for the conduct of some other person
- C.
  
  The defendant with a culpable mental state causes or aids an innocent or non-responsible person in committing a crime
- D.
  
  B and C
- E.
  
  A and C
Correct Answer
D. B and C

Explanation
Vicarious liability means that the defendant with a culpable mental state causes or aids an innocent or non-responsible person in committing a crime (option C). It also means that one person is held criminally responsible for the conduct of some other person (option B). This concept holds individuals accountable for the actions of others, either by actively participating in the crime or by enabling it to occur.

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8.

With Intentional Assistance/Encouragement/Direction and the Mere Presence at a Crime Scene Rule:
- A.
  
  It is true that when there is a legal duty to act, the mere presence at a crime scene is enough for criminal liability to attach
- B.
  
  It is true that the general Texas rule is that mere presence at a crime scene is enough for criminal liability to attach
- C.
  
  It is true that presence at a crime scene where a person is being beaten illegally and encouragement for the beating to continue is enough for criminal liability to attach
- D.
  
  A and C
- E.
  
  B and C
Correct Answer
D. A and C

Explanation
The correct answer is A and C. This means that when there is a legal duty to act, the mere presence at a crime scene is enough for criminal liability to attach. Additionally, if someone is present at a crime scene where a person is being beaten illegally and encourages the beating to continue, this is also enough for criminal liability to attach. This explanation highlights the conditions under which criminal liability can be established based on intentional assistance/encouragement/direction and the mere presence at a crime scene rule.

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9.

Under Texas law, there is:
- A.
  
  No legal duty of a parent to protect their own child from child abuse
- B.
  
  A legal duty of a parent to protect their own child from child abuse
- C.
  
  A law that says the mere presence at a crime scene creates a legal duty of a parent to protect their own child from child abuse
- D.
  
  B and C
- E.
  
  A and B
Correct Answer
D. B and C

Explanation
Under Texas law, there is a legal duty of a parent to protect their own child from child abuse. This means that parents are legally obligated to take necessary actions to prevent child abuse and ensure the safety and well-being of their child. Additionally, Texas law also states that the mere presence at a crime scene creates a legal duty of a parent to protect their own child from child abuse. This means that if a parent witnesses child abuse or is aware of it happening, they are legally obligated to intervene and protect their child.

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10.

If "X" hires "Y" to commit burglary and during the burglary "Y" commits a murder, "X" could be prosecuted for conspiracy to commit murder:
- A.
  
  True because Texas law says that it is the responsibility of conspirators to anticipate the results of crimes from the conspiracy
- B.
  
  False because Texas law says conspirators are never liable for conspiracy to commit murder
- C.
  
  False because Texas law only has the death penalty for murder
- D.
  
  True because Texas law gives conspirators immunity from crimes of other committed in a conspiracy
- E.
  
  True because Texas law adheres to the common law rule under the law of parties
Correct Answer
A. True because Texas law says that it is the responsibility of conspirators to anticipate the results of crimes from the conspiracy

Explanation
The correct answer is true because Texas law says that it is the responsibility of conspirators to anticipate the results of crimes from the conspiracy. In Texas, if someone hires another person to commit a crime, they can be held responsible for any additional crimes that occur during the commission of that crime. This is known as the law of parties, which holds conspirators accountable for the actions and consequences of their co-conspirators. Therefore, if "X" hires "Y" to commit burglary and "Y" commits a murder during the burglary, "X" could be prosecuted for conspiracy to commit murder.

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11.

Under Issues in the Law of Parties:
- A.
  
  Death penalty is not available for an accomplice who did not intend to kill the victim
- B.
  
  Death penalty is available for an accomplice who was "negligently indifferent" to human life when the victim is killed
- C.
  
  Death penalty is available for an accomplice who was "negligently culpable" to human life when the victim is killed
- D.
  
  A and B
- E.
  
  B and C
Correct Answer
A. Death penalty is not available for an accomplice who did not intend to kill the victim

Explanation
According to the given information, under the Law of Parties, an accomplice who did not intend to kill the victim is not eligible for the death penalty. This means that if an individual was involved in a crime but did not have the intention to cause the death of the victim, they cannot be sentenced to death.

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12.

When Bonnie and Clyde robbed a bank and Clyde committed the act and Bonnie served as the lookout, at trial Clyde was acquitted:
- A.
  
  Under Texas law, Bonnie could not be convicted as an accomplice
- B.
  
  Under common law, Bonnie could be convicted as an accomplice
- C.
  
  Under Texas law, Bonnie could be convicted as an accomplice
- D.
  
  Under Texas law, Bonnie could only be convicted of "reckless homicide" in the second degree
- E.
  
  None of the above
Correct Answer
C. Under Texas law, Bonnie could be convicted as an accomplice

Explanation
Under Texas law, Bonnie could be convicted as an accomplice because she served as the lookout during the bank robbery. In Texas, an accomplice can be held liable for the actions of the principal offender if they intentionally promote or assist in the commission of the offense. Therefore, Bonnie's involvement in the crime as a lookout would make her eligible for conviction as an accomplice under Texas law.

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13.

With Pre-Crime Assistance:
- A.
  
  Defendant need to act with intent to convict him/her
- B.
  
  "passive recklessness" is enough intent to convict defendant
- C.
  
  Recklessness requires only "functional negligence" to convict defendant
- D.
  
  Recklessness requires only "heightened negligence" to convict defendant
- E.
  
  Recklessness requires blameworthiness of civil law strict liability
Correct Answer
B. "passive recklessness" is enough intent to convict defendant

Explanation
Passive recklessness is enough intent to convict the defendant because it implies that the defendant knowingly engaged in reckless behavior without actively intending to cause harm. This means that even if the defendant did not have the specific intent to commit a crime, their reckless actions were enough to hold them accountable for their actions.

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14.

Carmine assists Guido, a professional hitman, in disposal of one of Guido's corpses. Carmine knew nothing of the original killing. Under Texas law, Carmine could be charged with:
- A.
  
  Tampering with or fabricating evidence
- B.
  
  Accessory after the fact
- C.
  
  Abuse of a corpse
- D.
  
  A and C
- E.
  
  A, B and C
Correct Answer
D. A and C

Explanation
Carmine could be charged with tampering with or fabricating evidence because he assisted in the disposal of the corpse, which can be seen as an attempt to alter or hide evidence related to the crime. He could also be charged with abuse of a corpse because he participated in the improper handling or mistreatment of a dead body.

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15.

Under Texas Law:
- A.
  
  Defendant's conviction cannot be based solely on the testimony of an accomplice or the co-conspirator
- B.
  
  In addition to the testimony of an accomplice, defendant's conviction does not require additional corroborating evidence
- C.
  
  To convict a party to an offense, defendant's conviction need not accompany testimony other than the primary offender or the co-conspirator
- D.
  
  Defendant's conviction can be based solely on the testimony of an accomplice, but not the co-conspirator
- E.
  
  None of the above
Correct Answer
A. Defendant's conviction cannot be based solely on the testimony of an accomplice or the co-conspirator

Explanation
Under Texas Law, a defendant's conviction cannot be solely based on the testimony of an accomplice or a co-conspirator. This means that there must be additional corroborating evidence or testimony to support the conviction. While the testimony of an accomplice alone can be sufficient to convict a defendant, the same does not apply to the testimony of a co-conspirator. Therefore, the correct answer is that a defendant's conviction cannot be based solely on the testimony of an accomplice or the co-conspirator.

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16.

In the United States:
- A.
  
  Corporations are considered to be artificial persons
- B.
  
  Corporations can be held liable for the actions of their agents
- C.
  
  Corporations are not subject to the federal criminal laws
- D.
  
  Corporations are only subject to state criminal laws
- E.
  
  A and B
Correct Answer
E. A and B

Explanation
In the United States, corporations are considered to be artificial persons, meaning that they are treated as separate legal entities from their owners. This allows corporations to enter into contracts, own property, and be held liable for their actions. Additionally, corporations can be held liable for the actions of their agents, such as employees or representatives acting on behalf of the company. Therefore, the correct answer is A and B.

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17.

A corporation is an artificial person with a legal capacity to act:
- A.
  
  Under U.S. law, corporations enjoy sovereign immunity
- B.
  
  Under British law, corporations can be subject to criminal penalties
- C.
  
  Under Texas law, the maximum possible monetary fines for corporations for criminal conduct is $100,000
- D.
  
  Under U.S. law, the minimum possible monetary fines for corporations for criminal conduct is $1 million
- E.
  
  All of the above
Correct Answer
C. Under Texas law, the maximum possible monetary fines for corporations for criminal conduct is $100,000

Explanation
Under Texas law, corporations can face a maximum monetary fine of $100,000 for criminal conduct. This means that if a corporation is found guilty of a criminal offense in Texas, the court can impose a fine of up to $100,000 as a penalty. It is important to note that this answer specifically refers to the maximum possible fine under Texas law and does not provide information about fines under other jurisdictions or laws.

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18.

Which of the following is true:
- A.
  
  Homicide is treated with more seriousness in the criminal law because "death is different"
- B.
  
  Voluntary manslaughter is an intentional killing triggered by enough provocation
- C.
  
  Common law judges divided homicide into criminal and non-criminal crimes
- D.
  
  A and C
- E.
  
  A, B and C
Correct Answer
E. A, B and C

Explanation
The correct answer is A, B and C. Homicide is treated with more seriousness in the criminal law because "death is different" as it involves the taking of a human life, which is considered to be the most serious crime. Voluntary manslaughter is an intentional killing triggered by enough provocation, meaning that the person acted with intent but was provoked enough to justify a lesser charge than murder. Common law judges divided homicide into criminal and non-criminal crimes, recognizing that not all killings are unlawful or deserving of criminal punishment.

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19.

Which of the following is true:
- A.
  
  At common law murder and manslaughter were criminal offenses
- B.
  
  Justifiable and excusable homicide were made non-criminal
- C.
  
  Malice aforethought was split into intentional and unintentional
- D.
  
  A, B and C
- E.
  
  B and C
Correct Answer
D. A, B and C

Explanation
At common law, both murder and manslaughter were considered criminal offenses. Additionally, justifiable and excusable homicide were made non-criminal, meaning that there were certain circumstances in which killing someone would not be considered a crime. Furthermore, malice aforethought, which refers to the mental state of the offender, was divided into intentional and unintentional categories. Therefore, all options A, B, and C are true.

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20.

Which of the following is true:
- A.
  
  Criminal homicide is a rare event
- B.
  
  Criminal homicide is the most serious crime
- C.
  
  Texas experiences about 1,400 murders and non-negligent manslaughters each year
- D.
  
  B and C
- E.
  
  A, B and C
Correct Answer
E. A, B and C

Explanation
The given answer states that all options A, B, and C are true. Option A suggests that criminal homicide is a rare event. Option B claims that criminal homicide is the most serious crime. Option C states that Texas experiences about 1,400 murders and non-negligent manslaughters each year. The answer suggests that all three options are correct, meaning that criminal homicide is both rare, the most serious crime, and Texas experiences a significant number of such cases annually.

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21.

What were the types of homicides recognized at common law?
- A.
  
  Murder
- B.
  
  Killing a person with malice aforethought
- C.
  
  Manslaughter
- D.
  
  Killing a person without malice aforethought
- E.
  
  A, B, C and D
Correct Answer
E. A, B, C and D

Explanation
The types of homicides recognized at common law were murder, which is killing a person with malice aforethought, and manslaughter, which is killing a person without malice aforethought. Therefore, the correct answer is A, B, C, and D.

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22.

What does aforethought mean?
- A.
  
  Not thinking about the act before the crime
- B.
  
  Thinking about the act before the crime
- C.
  
  Lying in wait or long-term planning
- D.
  
  A and C
- E.
  
  B and C
Correct Answer
E. B and C

Explanation
Aforethought means thinking about the act before the crime and also involves lying in wait or long-term planning. This implies that the perpetrator had premeditated intentions and planned the crime in advance, rather than acting impulsively or without any prior thought.

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23.

What does malice mean?
- A.
  
  Hatred and ill-will
- B.
  
  Good will
- C.
  
  A heart that shows a regard for the goodness of mankind
- D.
  
  B and C
- E.
  
  A and C
Correct Answer
A. Hatred and ill-will

Explanation
Malice refers to a feeling of intense hatred and ill-will towards someone. It is a negative emotion characterized by a strong desire to harm or cause suffering to others. This explanation aligns with the given correct answer, which states that malice means "hatred and ill-will."

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24.

Murder was divided into degrees and into a classification system:
- A.
  
  First in 1794 in Pennsylvania
- B.
  
  First in England during common law
- C.
  
  Because all murders are depraved heart murder
- D.
  
  B and C
- E.
  
  A and C
Correct Answer
A. First in 1794 in Pennsylvania

Explanation
The correct answer is "A and C". This is because the question asks for the first instances of murder being divided into degrees and into a classification system. The answer states that the first instance occurred in 1794 in Pennsylvania, which aligns with the question. Additionally, the answer mentions that this also occurred in England during common law, which further supports the correct answer.

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25.

First degree murders include:
- A.
  
  Premeditated murder
- B.
  
  Felony murder
- C.
  
  Manslaughter
- D.
  
  Voluntary homicide
- E.
  
  A and B
Correct Answer
E. A and B

Explanation
The correct answer is A and B because first degree murders include both premeditated murder and felony murder. Premeditated murder refers to a planned and intentional killing, while felony murder occurs during the commission of a dangerous felony. Manslaughter and voluntary homicide, on the other hand, are considered lesser charges and do not fall under first degree murder.

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26.

Why was second degree murder created?
- A.
  
  So capital punishment could be expanded
- B.
  
  To limit capital punishment without eliminating it
- C.
  
  To give offenders life with probation
- D.
  
  A and B
- E.
  
  B and C
Correct Answer
B. To limit capital punishment without eliminating it

Explanation
Second degree murder was created to limit capital punishment without eliminating it. This means that it was introduced as a legal concept in order to provide an alternative charge for cases where the crime did not meet the criteria for first degree murder but still warranted punishment. By having a separate category for second degree murder, the justice system can impose lesser penalties than the death penalty while still holding offenders accountable for their actions. This helps to strike a balance between the severity of the crime and the punishment imposed.

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27.

What is felony murder?
- A.
  
  Unintentional deaths during commission of certain felonies like kidnapping, robbery, and arson
- B.
  
  Intentional deaths
- C.
  
  Depraved heart murder
- D.
  
  Created with malice aforethought
- E.
  
  Intentional deaths during commission of certain felonies that include terrorism
Correct Answer
A. Unintentional deaths during commission of certain felonies like kidnapping, robbery, and arson

Explanation
Felony murder refers to unintentional deaths that occur during the commission of specific felonies such as kidnapping, robbery, and arson. In these cases, the death is not necessarily intentional, but it is a direct result of the felony being committed. This legal concept holds the individuals involved in the felony responsible for any deaths that occur, even if they did not directly cause the death themselves. The intention behind the felony does not matter, as long as the death is a foreseeable consequence of the felony being committed.

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28.

What is manslaughter?
- A.
  
  Murder when the defendant finds his or her spouse in bed with another person
- B.
  
  Sudden heat of passion murder
- C.
  
  Done with malice aforethought
- D.
  
  A and B
- E.
  
  A and C
Correct Answer
D. A and B

Explanation
The correct answer is A and B. Manslaughter refers to the act of killing another person without premeditation or malice aforethought. Option A, murder when the defendant finds his or her spouse in bed with another person, falls under the category of voluntary manslaughter, where the killing is committed in the heat of passion. Option B, sudden heat of passion murder, also refers to voluntary manslaughter. Therefore, both options A and B accurately define manslaughter.

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29.

Voluntary Manslaughter is:
- A.
  
  When you kill another in a state of total control of your emotions
- B.
  
  When you kill another due to a sudden heat of passion and when you lose control of your temper
- C.
  
  When you kill another, not being provoked, and your actions are reasonable
- D.
  
  A and C
- E.
  
  B and C
Correct Answer
B. When you kill another due to a sudden heat of passion and when you lose control of your temper

Explanation
Voluntary manslaughter refers to the act of killing another person due to a sudden heat of passion and losing control of one's temper. This means that the individual did not premeditate or plan the killing, but rather acted impulsively in response to extreme emotions. This differs from murder, where the act is intentional and premeditated. In voluntary manslaughter, the person may have been provoked or triggered by certain circumstances, but their actions are still considered unreasonable. Therefore, the correct answer is "B and C" - when you kill another due to a sudden heat of passion and when you lose control of your temper, and when you kill another, not being provoked, and your actions are reasonable.

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30.

What is involuntary manslaughter?
- A.
  
  DWI murder
- B.
  
  Texting while driving murder
- C.
  
  Unintentional death resulting from an unlawful act or criminally negligent behavior
- D.
  
  A, B and C
- E.
  
  A and B
Correct Answer
D. A, B and C

Explanation
Involuntary manslaughter refers to unintentional death that occurs as a result of an unlawful act or criminally negligent behavior. This can include situations such as DWI murder, where a person causes a fatal accident while driving under the influence, and texting while driving murder, where a person causes a fatal accident while distracted by texting. Therefore, the correct answer is A, B and C.

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31.

Issues in motive include:
- A.
  
  It helps to identify suspects
- B.
  
  It helps to establish proof
- C.
  
  It helps to satisfy human curiosity
- D.
  
  A, B and C
- E.
  
  None of the above
Correct Answer
D. A, B and C

Explanation
The correct answer is A, B and C. Issues in motive include helping to identify suspects, establishing proof, and satisfying human curiosity. Motive plays a crucial role in criminal investigations as it helps investigators understand why a crime was committed and who might be responsible. By identifying suspects, motive narrows down the pool of potential perpetrators. Furthermore, motive helps establish proof by providing a logical explanation for the crime. Additionally, understanding motive satisfies human curiosity by providing insight into the motivations and intentions behind criminal acts.

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32.

Texas Law:
- A.
  
  Follows the corpus delicti rule only in suicide cases
- B.
  
  Says that discovery of a dead body is required when a confession is presented as evidence
- C.
  
  Does not follow the corpus delicti rule
- D.
  
  A and B
- E.
  
  B and C
Correct Answer
B. Says that discovery of a dead body is required when a confession is presented as evidence

Explanation
Texas law states that the discovery of a dead body is necessary when a confession is presented as evidence. This means that if someone confesses to a crime but there is no physical evidence such as a dead body, the confession alone may not be sufficient to establish guilt. The requirement for the discovery of a dead body helps ensure that the confession is supported by tangible evidence, increasing the reliability of the confession as evidence in court.

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33.

Under Roe v. Wade:
- A.
  
  During the second trimester, a woman has the absolute right to privacy to abort a fetus
- B.
  
  During the first trimester, a woman has the right to privacy to abort a fetus, but only with the father’s consent
- C.
  
  During the first trimester, a woman has the absolute right to privacy to abort a fetus
- D.
  
  During the third trimester, the state cannot restrict a woman’s right to an abortion
- E.
  
  During the second trimester, because the fetus is not viable, the state has the absolute right to outlaw abortion
Correct Answer
C. During the first trimester, a woman has the absolute right to privacy to abort a fetus

Explanation
Under Roe v. Wade, the Supreme Court ruled that during the first trimester of pregnancy, a woman has the absolute right to privacy to make the decision to abort a fetus. This means that the state cannot interfere with a woman's choice to have an abortion during this period. However, it is important to note that the Court's decision also recognized the state's interest in protecting the potential life of the fetus during the second and third trimesters, allowing for more regulations and restrictions on abortion during those stages of pregnancy.

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34.

When is a fetus a human being?
- A.
  
  Under common law, the fetus had to be born alive to be a human
- B.
  
  Under Roe v. Wade, the U.S. Supreme Court ruled a fetus is not a person until it is viable (can live outside the womb)
- C.
  
  Under Texas law, a human being is formed at the moment of fertilization
- D.
  
  A, B and C
- E.
  
  B and C
Correct Answer
D. A, B and C

Explanation
Under common law, the fetus had to be born alive to be considered a human being. This means that according to common law, a fetus is not considered a human being until it is born and can survive outside of the womb. Under Roe v. Wade, the U.S. Supreme Court ruled that a fetus is not considered a person until it is viable, meaning it can live outside the womb. This ruling established the legal framework for abortion rights in the United States. Additionally, under Texas law, a human being is considered to be formed at the moment of fertilization. Therefore, all three options A, B, and C provide different perspectives on when a fetus is considered a human being.

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35.

Under Texas Law:
- A.
  
  It is homicide for a doctor to perform an abortion in a hospital
- B.
  
  It is not homicide for a doctor to perform a lawful medical procedure resulting in the death of an unborn child
- C.
  
  It is homicide for a doctor to dispense a drug lawfully to abort an unborn child
- D.
  
  A and B
- E.
  
  A and C
Correct Answer
B. It is not homicide for a doctor to perform a lawful medical procedure resulting in the death of an unborn child

Explanation
Under Texas law, it is not considered homicide for a doctor to perform a lawful medical procedure resulting in the death of an unborn child. This means that if a doctor performs a medical procedure that is deemed legal and necessary, and as a result, the unborn child dies, it would not be classified as homicide. This answer is supported by the given statements, which state that performing an abortion in a hospital is considered homicide, but performing a lawful medical procedure resulting in the death of an unborn child is not.

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36.

When is a person dead under Texas law?
- A.
  
  Clinical death deals with a person’s heartbeat
- B.
  
  Biological death deals with a person’s heartbeat
- C.
  
  Clinical death deals with a person’s brain function
- D.
  
  Biological death deals with a person’s kidneys
- E.
  
  A and C
Correct Answer
A. Clinical death deals with a person’s heartbeat

Explanation
According to the given answer, a person is considered dead under Texas law when they experience clinical death, which refers to the cessation of the person's heartbeat. This means that the person's heart has stopped beating and they are no longer alive. This definition of death focuses on the functioning of the heart rather than other organs or brain activity.

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37.

At Common Law:
- A.
  
  The year-and-a-day-rule was not followed in homicide cases
- B.
  
  The year-in-a-day-rule was followed only in robbery cases
- C.
  
  Al is shot by Ben. Al’s in a coma for 20 years and ultimately dies. Ben is liable for homicide
- D.
  
  A and C
- E.
  
  None of the above
Correct Answer
E. None of the above

Explanation
The given question provides information about the year-and-a-day rule, stating that it was not followed in homicide cases and only followed in robbery cases. It then presents a scenario where Al is shot by Ben and remains in a coma for 20 years before ultimately dying. The question asks who is liable for homicide in this situation. However, based on the information provided, it is not possible to determine who is liable for homicide. The year-and-a-day rule does not apply in this scenario, and the question does not provide any additional information to determine liability. Therefore, the correct answer is "None of the above."

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38.

Under Texas criminal homicide statutes:
- A.
  
  Capital murder pertains to recklessness
- B.
  
  Manslaughter pertains to criminal-law negligence
- C.
  
  Intoxication manslaughter pertains to recklessness
- D.
  
  Manslaughter pertains to civil-law negligence
- E.
  
  None of the above
Correct Answer
C. Intoxication manslaughter pertains to recklessness

Explanation
The correct answer is intoxication manslaughter pertains to recklessness. This means that in Texas criminal homicide statutes, if a person causes the death of another while operating a vehicle under the influence of alcohol or drugs, they can be charged with intoxication manslaughter. This charge requires proving that the person acted recklessly, meaning they were aware of the risks involved in their actions but disregarded them.

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39.

Capital Murder:
- A.
  
  Pertains only to the actus reus
- B.
  
  Pertains only to the mens rea
- C.
  
  Pertains to both the actus reus and mens rea
- D.
  
  Is defines by the U.S. Constitution
- E.
  
  None of the above
Correct Answer
C. Pertains to both the actus reus and mens rea

Explanation
Capital murder pertains to both the actus reus and mens rea. Actus reus refers to the physical act or conduct of committing a crime, while mens rea refers to the mental state or intention behind the act. In the case of capital murder, both the physical act of causing someone's death and the mental state of intending to cause that death are necessary elements for the crime to be classified as capital murder. Therefore, the correct answer is that capital murder pertains to both the actus reus and mens rea.

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40.

Murder in Texas exists in 3 forms:
- A.
  
  Intent to kill murder
- B.
  
  Intent to cause somebody bodily injury
- C.
  
  Felony murder
- D.
  
  A, B, and C
- E.
  
  B and C
Correct Answer
D. A, B, and C

Explanation
The correct answer is A, B, and C. This is because murder in Texas can exist in three forms: intent to kill murder, intent to cause somebody bodily injury, and felony murder. Therefore, all three forms are applicable in this case.

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41.

With Intent to Cause/Kill Murder:
- A.
  
  It is a conduct offense - mens rea is the intent to cause the death of another person
- B.
  
  It includes mens rea of self-defense - stabbing an intruder who enters your house withouth consent
- C.
  
  It includes the mens rea of criminal negligence - the actor engaging in known but reckless conduct
- D.
  
  A, B and C
- E.
  
  A and C
Correct Answer
A. It is a conduct offense - mens rea is the intent to cause the death of another person

Explanation
The correct answer is A and C. This is because the offense of "With Intent to Cause/Kill Murder" requires both the act of intending to cause the death of another person (mens rea) and engaging in conduct that demonstrates this intent (conduct offense). The answer choice A correctly identifies that mens rea is the intent to cause death, while answer choice C correctly identifies that the offense includes the mens rea of criminal negligence, which refers to knowingly engaging in reckless conduct.

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42.

With Intent to Cause Serious Bodily Injury Murder:
- A.
  
  It could involve acts that are not dangerous to human life, such as playing catch with a baseball that hits someone's head, resulting in death
- B.
  
  It could involve cutting off a person's arm with a chainsaw, resulting in the person's death
- C.
  
  It could involve criminally reckless behavior, such as hitting another car while driving while texting
- D.
  
  It could not involve shooting someone at close range
- E.
  
  It could involve intoxication manslaughter
Correct Answer
B. It could involve cutting off a person's arm with a chainsaw, resulting in the person's death

Explanation
The correct answer is about an act that involves cutting off a person's arm with a chainsaw, resulting in the person's death. This act demonstrates an intent to cause serious bodily injury, which ultimately leads to the person's death. The act is deliberate and highly dangerous, clearly showing the intention to harm the victim.

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43.

At Common Law, the Felony Murder Rule:
- A.
  
  Was an intended murder that occurred during the course of committing another felony
- B.
  
  Was an intended murder that occurred during the course of committing a misdemeanor
- C.
  
  Was an unintended murder that occurred during the course of committing a misdemeanor
- D.
  
  Was an unintended murder that occurred during the course of committing another felony
- E.
  
  Was an intended murder that occurred during a bar fight
Correct Answer
D. Was an unintended murder that occurred during the course of committing another felony

Explanation
The Felony Murder Rule, at Common Law, refers to an unintended murder that takes place during the commission of another felony. This means that if someone is involved in committing a felony, such as robbery or burglary, and someone is killed unintentionally during the course of that felony, the person involved can be charged with murder, even if they did not intend to cause the death. This rule holds the person responsible for the consequences of their actions during the commission of a felony, including any deaths that may occur.

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44.

Texas Law says the Felony Murder Rule:
- A.
  
  Can apply to felonies or misdemeanors as long as a death results
- B.
  
  Can involve acts in furtherance of a misdemeanor or involve acts in the immediate flight from the misdemeanor as long as a death results
- C.
  
  Can involve acts that are clearly dangerous to human life in furtherance of a felony when a death results
- D.
  
  A and B
- E.
  
  A and C
Correct Answer
C. Can involve acts that are clearly dangerous to human life in furtherance of a felony when a death results

Explanation
The correct answer is "Can involve acts that are clearly dangerous to human life in furtherance of a felony when a death results." This means that under Texas law, the felony murder rule can be applied when a death occurs as a result of acts that are clearly dangerous to human life and are committed in furtherance of a felony. This rule applies regardless of whether the underlying offense is a felony or a misdemeanor, as long as a death occurs.

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45.

In Texas, capital murder includes the following:
- A.
  
  Murder of a police officer or firefighter on official duty
- B.
  
  Murder for remuneration
- C.
  
  Murder while escaping a penal institution
- D.
  
  Murder of a correctional officer
- E.
  
  A, B, C and D
Correct Answer
E. A, B, C and D

Explanation
Capital murder in Texas includes the murder of a police officer or firefighter on official duty, murder for remuneration, murder while escaping a penal institution, and murder of a correctional officer. All of these scenarios fall under the category of capital murder in Texas.

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46.

In Texas, Capital Murder:
- A.
  
  Could apply to a serial killer
- B.
  
  Could never apply to a mass murderer
- C.
  
  Could apply to an inmate who kills another inmate
- D.
  
  A and B
- E.
  
  A and C
Correct Answer
E. A and C

Explanation
The correct answer is A and C. In Texas, Capital Murder can apply to a serial killer, as it refers to intentionally causing the death of another person in specific circumstances, such as killing multiple individuals over a period of time. It can also apply to an inmate who kills another inmate, as the law considers the act of killing another person within a correctional facility to be a serious offense that may result in capital punishment. However, it could never apply to a mass murderer, as the term "mass murder" typically refers to the killing of multiple individuals in a single incident, rather than over a period of time.

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47.

With the death penalty in Texas:
- A.
  
  The jury vote has to be unanimous among the jurors in favor of the death penalty
- B.
  
  The jury vote only has to be a majority of jurors in favor of the death penalty
- C.
  
  The guilt/innocence phase and the punishment phase is one proceeding
- D.
  
  A and C
- E.
  
  A and B
Correct Answer
A. The jury vote has to be unanimous among the jurors in favor of the death penalty

Explanation
In Texas, the correct answer is that the jury vote has to be unanimous among the jurors in favor of the death penalty. This means that all members of the jury must agree on the decision to impose the death penalty. This requirement ensures that the decision to take someone's life is made with the utmost care and consideration, and that there is no room for doubt or disagreement among the jurors. It also reflects the seriousness and finality of the death penalty as a punishment.

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48.

With manslaughter:
- A.
  
  The defendant engages in risky behavior, such as driving 80 mph in a 30 mph zone
- B.
  
  The defendant’s reckless behavior is punished as a second degree felony in Texas
- C.
  
  The defendant’s behavior might involve the careless handling of firearms resulting in death
- D.
  
  B and C
- E.
  
  A, B and C
Correct Answer
E. A, B and C

Explanation
The correct answer is A, B and C. Manslaughter can occur when the defendant engages in risky behavior, such as driving at a high speed in a restricted zone. In Texas, this reckless behavior is considered a second-degree felony. Additionally, manslaughter can also be charged when the defendant's careless handling of firearms leads to someone's death. Therefore, all options A, B, and C are correct explanations for manslaughter.

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49.

With Intoxication Manslaughter:
- A.
  
  The offender can be operating a car or a boat
- B.
  
  The only way to establish intoxication is for the offender’s BAC to be at .08
- C.
  
  The prosecutor need not prove a causal relationship between the death and the intoxication. The BAC is enough
- D.
  
  A and B
- E.
  
  A and C
Correct Answer
A. The offender can be operating a car or a boat

Explanation
The correct answer is A. The explanation for this is that the offender can be charged with intoxication manslaughter whether they are operating a car or a boat. This means that if the offender is driving a car or piloting a boat while intoxicated and someone dies as a result of their actions, they can be charged with intoxication manslaughter. The other options, B and C, are incorrect because they do not include all the correct information provided in the question.

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50.

Criminal Negligence:
- A.
  
  Involves going to a state prison for 20 years to life
- B.
  
  Involves what the defendant ought to have done under the circumstances
- C.
  
  Involves traffic laws, murder, drug laws, and felony assault by threat
- D.
  
  A and C
- E.
  
  B and C
Correct Answer
B. Involves what the defendant ought to have done under the circumstances

Explanation
The correct answer is "Involves what the defendant ought to have done under the circumstances." This explanation is supported by the information provided in the question, which states that criminal negligence involves what the defendant should have done in a given situation. The other options mentioned in the question, such as going to prison or specific laws related to traffic, murder, drugs, and assault, are not directly related to the concept of criminal negligence.

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Current Version
Mar 15, 2023

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Mar 01, 2019

Quiz Created by
Leslie Gomez

Crij 2364 Exam #2

The Law of Complicity is:

Under common law, the Principal in the First Degree:

Under common law, the Accessory Before the Fact:

With modern Texas Law of Parties:

Under Modern Texas Law of Parties:

Under Modern Texas Law of Parties:

Vicarious Liability means:

With Intentional Assistance/Encouragement/Direction and the Mere Presence at a Crime Scene Rule:

Under Texas law, there is:

If "X" hires "Y" to commit burglary and during the burglary "Y" commits a murder, "X" could be prosecuted for conspiracy to commit murder:

Under Issues in the Law of Parties:

When Bonnie and Clyde robbed a bank and Clyde committed the act and Bonnie served as the lookout, at trial Clyde was acquitted:

With Pre-Crime Assistance:

Carmine assists Guido, a professional hitman, in disposal of one of Guido's corpses. Carmine knew nothing of the original killing. Under Texas law, Carmine could be charged with:

Under Texas Law:

In the United States:

A corporation is an artificial person with a legal capacity to act:

Which of the following is true:

Which of the following is true:

Which of the following is true:

What were the types of homicides recognized at common law?

What does aforethought mean?

What does malice mean?

Murder was divided into degrees and into a classification system:

First degree murders include:

Why was second degree murder created?

What is felony murder?

What is manslaughter?

Voluntary Manslaughter is:

What is involuntary manslaughter?

Issues in motive include:

Texas Law:

Under Roe v. Wade:

When is a fetus a human being?

Under Texas Law:

When is a person dead under Texas law?

At Common Law:

Under Texas criminal homicide statutes:

Capital Murder:

Murder in Texas exists in 3 forms:

With Intent to Cause/Kill Murder:

With Intent to Cause Serious Bodily Injury Murder:

At Common Law, the Felony Murder Rule:

Texas Law says the Felony Murder Rule:

In Texas, capital murder includes the following:

In Texas, Capital Murder:

With the death penalty in Texas:

With manslaughter:

With Intoxication Manslaughter:

Criminal Negligence: