TCOLE State exam Final review (256 questions with complete answers)| 23 pages

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A person who in the course of committing theft, intentionally, knowingly or recklessly causes bodily injury to another or places another in fear of imminent bodily injury or death has committed what o ... ffense? Correct Answer: Robbery A person knowingly causes serious bodily injury to another in the course of committing theft. According to the penal code, what is the most serious offense committed? Correct Answer: Aggravated robbery A person breaks into an attached garage breaks into a vehicle parked in the garage and steals a 1500 dollar computer from the back seat. What is the most serious offense committed? Correct Answer: Burglary A person commits the offense of theft if they_ appropriate property with intent to deprive the owner of the property. Correct Answer: unlawfully A person removes a 450 dollar price tag from a retail item and replaces it with a 200 price tag. What offense has been committed? Correct Answer: fraudulent destruction, removal, or concealment of writing The primary components of the american criminal justice system are_. Correct Answer: police, courts, and corrections _is law that defines the personal and property rights of individuals. Correct Answer: civil law according to the ccp which is not a magistrate? Recorders of incorporate cities justices of the peace supreme court justices district attorneys Correct Answer: district attorneys which of the following are not texas peace officers? Correct Answer: ATF According to the ccp the court of criminal appeals does not: Correct Answer: review decisions of civil cases In order to prove a case of public intoxication a person must: Correct Answer: appear in a public place while intoxicated to a degree the person may endanger him/herself or another a person is in the process of robbing a store when a customer enters and is shot and killed by the person. what is the most serious offense committed? Correct Answer: capital murder a person abducts a child and demands a ransom for the child's release. the person gets scared and releases the child unharmed. what is the most serious crime committed? Correct Answer: aggravated kidnapping what offense is committed when a person threatens to harm another by an unlawful act on account of their service as a witness or public servant? Correct Answer: obstruction or retaliation a person causes an explosion with the intent to destroy or damage and is reckless about whether the explosion will endanger the life of some individual. The person has committed_. Correct Answer: arson in the case of an exception to an offense the burden of proof lies with the _. Correct Answer: prosecuting attorney a person acts _ with respect to the nature of their conduct when it is the conscious objective or desire to engage in the conduct or cause the result Correct Answer: intentionally a person is criminally responsible as a party to an offense if the offense is_ under duress intentionally recklessly by his own conduct Correct Answer: committed by his own conduct what is an affirmative defense to prosecution that the actor was compelled by threat of serious bodily injury to engage in the proscribed conduct? Correct Answer: duress a mistake of fact is _ Correct Answer: a defense to prosecution The poisonous tree doctrine was affirmed in Correct Answer: wong sun v US you can frisk if there is _ that the suspect may be in possession of a weapon Correct Answer: reasonable fear (terry v ohio) when a search is conducted after a lawful arrest, within immediate control and contemporaneous with the arrest, the search is justified under_ to lawful arrest Correct Answer: incidental what is generally considered to be that area of open space surrounding a dwelling, which is so immediately adjacent to the dwelling that it is part of the house? Correct Answer: curtilage what is not part of the element of an offense? admission of guilt forbidden conduct required culpability any required result Correct Answer: admission of guilt holding a person for a limited time who, as of yet is not answerable to a criminal offense is Correct Answer: temporary detention an officer must have _ to believe the property is stolen to justify seizure of the property Correct Answer: reasonable ground (ccp 18.16 shoplifter clause) a po may arrest without a warrant when a felony or breach of peace has been committed in the presence of within view of _ and such person verbally orders the arrest of the offender. Correct Answer: magristrate if a _ from another state comes into or passes through this state under an order directing him to attend and testify in this or anther state he is not subject to arrest of the service of civil or criminal process because of any act committed prior to his arrival in this state under the order Correct Answer: witness _ exists when the facts and circumstances know to the officer would warrant a prudent man believing that an offense has been committed Correct Answer: probable cause according to the ccp what is the actual forcible detention of a person and other coercive measures to detain him within certain limits Correct Answer: constructive custody which us amendment is the primary focus of Miranda v Arizona? Correct Answer: 5th amendment a citizen may without a warrant arrest an offender when the offense is committed within their view is a _ Correct Answer: felony which of the following occurring in the presence of an officer requires an arrest even without a warrant? intoxicate individual threatening to commit an offense person that the officer has pc to believe is violating a protective order child violating city ordinance Correct Answer: person violating a protective order a po may break down the door of any house for the purpose of making an arrest if he as been refused admittance after giving notice of his authority and purpose under which of the following circumstances Correct Answer: felony whenever a po meets with resistance in discharging any duty imposed on him by law, he _ command a sufficient number of citizens of his county to overcome the resistance Correct Answer: shall _ circumstances exist when there is not enough time to obtain a warrant and the officer must extablish pc Correct Answer: emergency or exigent the right to have an attorney present during questioning was affirmed in _ Correct Answer: miranda v arizona persons found in suspicious places and under circumstances which reasonably show that such persons are about to commit some offense against the laws may _ Correct Answer: be arrested without a warrant a po or any person may wo a warrant arrest an offender when the offense is committed in their presence or within their view if the offense is classified as _ Correct Answer: a felony a written statement of a grand jury accusing a person of an offense is an _ Correct Answer: indictiment a person is arrested when the person has been _ Correct Answer: taken into custody a written statement that is filed and presented on behalf of the state of Texas by a DA that charges a person with an offense that may be prosecuted according to law is called an _ Correct Answer: information a po of another state may pursue a fleeing person into Texas and arrest them there if the person is suspected of committing a Correct Answer: felony the time allowed for the execution of a search warrant shall be _ whole days exclusive of the day of issuance and the day of its execution. Correct Answer: 3 in us v carroll the supreme court upheld an officer's right to search a vehicle's trunk when officers have _ Correct Answer: probable cause (us v ross) under temporary detention, a person _ be required to identify himself Correct Answer: cannot the act of keeping back, or withholding by design a person is the definition of Correct Answer: detention the right of the officer to search the immediate area of control in a search incident to arrest was affirmed in Correct Answer: chimel v california (wignspan rule) a search warrant is a written order issued by a magistrate and directed to a po commanding him to Correct Answer: search for any property or thing and seize the same which court has original jurisdiction over all felony cases? Correct Answer: district what is a writ issued by a court directing any po in the state commanding him to arrest a person accused of an offense and bring him before that court immediately called> Correct Answer: capias appeals from the jp court are heard by the _ court Correct Answer: county what is the term for a written order from a magistrate directed to a po commanding them to take the body of the person accused of an offense to be dealt with according to law Correct Answer: arrest warrant what is a law enforcement initiated action based on an individual's ethnicity or national origin rather than the individual's behavior? Correct Answer: racial profiling the _ courts shall have original jurisdiction of all misdemeanors of which exclusive original jurisdiction is not given to the justice court and when the fine to be imposed shall exceed 500 dollars Correct Answer: county a po who investigates a family violence allegation or who responds to a disturbance call that may involve family violence shall advise any possible adult victim of all reasonable means to prevent further family violence including _ Correct Answer: giving written notice of a victim's legal rights which of the following is not a use of force option for dispersing a riot? command group to disperse arrest the persons involved with a warrant arrest without warrant use any degree of force Correct Answer: use any degree of force an affidavit made before a magistrate charging the commission of an offense is called a Correct Answer: complaint the security given by the accused that he will appear and answer before the proper court the accusation brought against him is know as Correct Answer: bail cruel and unusual punishment are prohibited by which amendment Correct Answer: 8th the _ amendment powers not specifically reserved to the fed are reserved to us state gov Correct Answer: 10th [Show More]

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