Freddy Lambertson
Quiz by , created more than 1 year ago

Quiz on TCOLE - part 1 of 4, created by Freddy Lambertson on 14/03/2020.

184
0
0
Freddy Lambertson
Created by Freddy Lambertson over 4 years ago
Close

TCOLE - part 1 of 4

Question 1 of 100

1

__________________ circumstances exist when there is not enough time to obtain a warrant and the officer must establish probable cause.

Select one of the following:

  • Emergency

  • Reasonable

  • Special

  • Exclusionary

Explanation

Question 2 of 100

1

The right to have an attorney present during questioning was affirmed by ____________.

Select one of the following:

  • Mapp v. Ohio

  • Terry v. Ohio

  • Miranda v. Arizona

  • Colorado v. Belrane

Explanation

Question 3 of 100

1

Persons found in suspicious places and under circumstances, which reasonably show that, such persons are about to commit some offense against the laws may _______________.

Select one of the following:

  • Not be arrested without a warrant

  • Be arrested without a warrant

  • Only be arrested with a warrant

  • Only be detained for a short time

Explanation

Question 4 of 100

1

According to the Code of Criminal Procedure, a peace officer or any other person, may, without a warrant, arrest an offender when the offense is committed in their presence or within the view if the offense is classified as __________________. (Art 14.01)

Select one of the following:

  • a felony

  • a tort

  • a civil matter

  • any violation of the law

Explanation

Question 5 of 100

1

In U.S. v. Carroll, the Supreme Court upheld an officer's right to search a vehicle's trunk when the officer's have _________.

Select one of the following:

  • a search warrant

  • reasonable suspicion

  • probable cause

  • Inventory privilege

Explanation

Question 6 of 100

1

Under temporary detention, a person _________ be requested to identify himself.

Select one of the following:

  • cannot

  • will

  • should

  • shall

Explanation

Question 7 of 100

1

The act of keeping back, or withholding, by design, a person, is the definition of ______________.

Select one of the following:

  • Incarceration

  • Sentencing

  • Detention

  • Custody

Explanation

Question 8 of 100

1

The right of the officer to search the immediate area of control in a search incident to arrest was affirmed in ____________.

Select one of the following:

  • Terry v. Ohio

  • Chimel v. California

  • Schmerber v. California

  • Brown v. Texas

Explanation

Question 9 of 100

1

According to the Code of Criminal Procedure, a search warrant is a written order, issued by a magistrate and directed to a peace officer, commanding him to ______________. (Art 20)

Select one of the following:

  • Provide said contraband for use during any show-cause hearing

  • Seize listed property and secure same in an approved storage facility

  • Search for any property or thing and seize the same

  • Search for listed suspects and arrest same

Explanation

Question 10 of 100

1

Holding a person for a limited time that, as yet, is not answerable to a criminal offense is ____________.

Select one of the following:

  • Temporary detention

  • Probable cause

  • Lawful restraint

  • Limited suspicion

Explanation

Question 11 of 100

1

According to the Code of Criminal Procedure, if a _______________ from another state comes into or passes through this state under an order directing him to attend and testify in this or another state, he is not subject to arrest or the service of civil or criminal process, because of any act committed prior to his arrival in this state under the order, (Art 24.28)

Select one of the following:

  • defendant

  • legislator

  • witness

  • officer

Explanation

Question 12 of 100

1

According to the Code of Criminal Procedure, an officer must have _________ to believe the property is stolen to justify seizure of the property. (Art 18.16)

Select one of the following:

  • Probable cause

  • Reasonable ground

  • Exigent circumstances

  • Rational suspicion

Explanation

Question 13 of 100

1

According to the Code of Criminal Procedure, a peace officer may arrest, without a warrant, when a felony or breach of the peace has been committed in the presence or within view of a ____________ and such person verbally orders the arrest of the offender. (Art 14.02)

Select one of the following:

  • Private person

  • County Commissioner

  • City Council member

  • Magistrate

Explanation

Question 14 of 100

1

_____________ exist when the facts are circumstances known to the officer would warrant a prudent man believing that an offense has been committed.

Select one of the following:

  • Articulable suspicion

  • Mere suspicion

  • Probable cause

  • Reasonable cause

Explanation

Question 15 of 100

1

According to the Code of Criminal Procedure, what is the actual forcible detention of a person and other coercive measures to detain him within limits? (Art 11.21)

Select one of the following:

  • Temporary detention

  • Restraint

  • Arrest

  • Constructive custody

Explanation

Question 16 of 100

1

Which U.S. Constitution amendment is the primary focus of the Miranda v. Arizona case?

Select one of the following:

  • 6th

  • 5th

  • 4th

  • 3rd

Explanation

Question 17 of 100

1

According to the Code of Criminal Procedure, a citizen may, without a warrant; arrest an offender when the offense is committed in plain view is a _______________. (Art 14.01)

Select one of the following:

  • Felony

  • Traffic violation

  • Misdemeanor

  • Violation of city ordinance

Explanation

Question 18 of 100

1

According to the Code of Criminal Procedure, a peace officer may break down the door of any house for the purpose of making an arrest if he has been refused admittance after giving notice of his authority and purpose under the following circumstances. (Art 15.25)

Select one of the following:

  • Felony

  • Misdemeanor

  • Traffic Offense

  • Exigent circumstances

Explanation

Question 19 of 100

1

The poisonous tree doctrine, which displays the notion that evidence obtained after illegal government action will be excluded from evidence, was affirmed in _____________.

Select one of the following:

  • U.S. v. Robinson

  • California v. U.S.

  • Wong Sun v. U.S.

  • Michigan v. Long

Explanation

Question 20 of 100

1

When you can frisk if there is _________ that the suspect may be in possession of a weapon.

Select one of the following:

  • Reasonable fear

  • Mere justification

  • Reasonable evidence

  • Mere suspicion

Explanation

Question 21 of 100

1

When search is conducted after a lawful arrest, within immediate control and contemporaneous with the arrest, the search is justified under ____________ to lawful arrest.

Select one of the following:

  • Warrant

  • Search

  • Incidental

  • Execution

Explanation

Question 22 of 100

1

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.

Select one of the following:

  • Open field

  • Curtilage

  • Encumbrance

  • Continuance

Explanation

Question 23 of 100

1

The primary components of the American Criminal Justice System are ______________.

Select one of the following:

  • Probation, parole and correctional

  • Police, courts, correctional

  • Local , state, and federal police

  • Police, prosecution, and courts

Explanation

Question 24 of 100

1

___________________ is law that defines the personal property rights of individuals.

Select one of the following:

  • Civil law

  • Criminal law

  • Tort

  • Mediation

Explanation

Question 25 of 100

1

According to the Code of Criminal Procedure, a __________ is an order issued by a judge directed to anyone having a person in their custody, commanding them to produce such person and show why they are in custody. (CCP 11.01)

Select one of the following:

  • Writ of sequestration

  • Writ of attachment

  • Writ of habeas corpus

  • Remainder of custody

Explanation

Question 26 of 100

1

According to the Code of Criminal Procedure, which of the following is NOT a Magistrate?

Select one of the following:

  • Recorders of incorporated cities

  • Justice of the Peace

  • Supreme Court Justices

  • District Attorneys

Explanation

Question 27 of 100

1

According to the Code of Criminal Procedure, which of the following are NOT Texas peace officers?

Select one of the following:

  • Investigator's of the District Attorney's Office

  • Law Enforcement agents of the Alcohol Beverage Commission

  • Arson investigators of a city, country, of the state

  • Special agents of Alcohol, Tobacco and Firearms

Explanation

Question 28 of 100

1

According to the Code of Criminal Procedure, a peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence shall advise the possible adult victim of all reasonable means to prevent further family violence, including ____________.

Select one of the following:

  • Making an arrest without a warrant

  • Calling in assistance from domestic violence experts

  • Giving written notice of a victims legal rights

  • Giving written notice of an offenders' legal rights

Explanation

Question 29 of 100

1

According to the Code of Criminal Procedure, the court of Criminal Appeals does NOT ________________.

Select one of the following:

  • Issue writs of habeas corpus

  • Hear case involving the death penalty

  • Review decisions of civil cases

  • Review decisions of criminal cases

Explanation

Question 30 of 100

1

According to the Code of Criminal Procedure ________ 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 EXCEED five hundred dollars.

Select one of the following:

  • County

  • District

  • Municipal

  • Juvenile

Explanation

Question 31 of 100

1

According to the Code of Criminal Procedure, which of the following is NOT a use of force option for dispersing a riot?

Select one of the following:

  • Command the group to disperse

  • Arrest the persons involve with a warrant

  • Arrest the person involves without a warrant

  • Use any degree of force

Explanation

Question 32 of 100

1

According to the Code of Criminal Procedure, an affidavit made before a magistrate charging the commission of an offense is called a __________.

Select one of the following:

  • Warrant

  • Complaint

  • Information

  • Capias

Explanation

Question 33 of 100

1

According to the Code of Criminal Procedure, the security given by the accused that he will appear and answer before the proper court the accusation brought against him is known as __________.

Select one of the following:

  • Commitment

  • Promissory

  • Bail

  • Bond

Explanation

Question 34 of 100

1

According to the Code of Criminal Procedure, a written statement of a Grand Jury accusing a person of an offense is a _________________.

Select one of the following:

  • Complaint

  • Indictment

  • Information

  • Affidavit

Explanation

Question 35 of 100

1

According to the Code of Criminal Procedure, a person is arrested when the person has been ___________. (Art 15.22)

Select one of the following:

  • Lawfully detained

  • Taken into custody

  • Unlawfully detained

  • Stopped and identified

Explanation

Question 36 of 100

1

According to the Code of Criminal Procedure, which court has original jurisdiction over all felony cases? (Art 4.05)

Select one of the following:

  • District court

  • County Criminal Court

  • Court of Criminal Appeals

  • Supreme Court

Explanation

Question 37 of 100

1

According to the Code of Criminal Procedure, a written statement that is filled and presented on behalf of the State of Texas by a district attorney that charges a person with an offense that may be prosecuted according to law is called a _____________.

Select one of the following:

  • Indictment

  • Information

  • Complaint

  • Attachment

Explanation

Question 38 of 100

1

According to the Code of Criminal Procedure, a peace officer from another state may pursue a fleeing person into Texas and arrest them there, if the person is suspected of committing ____________. (Art 14.03 (d) 51.13 (2))

Select one of the following:

  • Felony

  • A misdemeanor punishable by jail

  • a state jail felony

  • a capital offense

Explanation

Question 39 of 100

1

According to the Code of Criminal Procedure, 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. (Art 18.07)

Select one of the following:

  • 3

  • 4

  • 5

  • 6

Explanation

Question 40 of 100

1

According to the Code of Criminal Procedure, what is a writ issued by a court directing any peace officer in the state, commanding him to arrest a person accused of an offense and bring him before that court immediately called? (Art 23.01)

Select one of the following:

  • Attachment

  • Commitment

  • Capias

  • Arrest Warrant

Explanation

Question 41 of 100

1

According to the Code of Criminal Procedure, appeals from the Justice Courts are heard by the _________ Court.

Select one of the following:

  • County

  • District

  • Appeals

  • Criminal Appeals

Explanation

Question 42 of 100

1

According to the Code of Criminal Procedure, what is the term for a Written Order from a magistrate, directed to a peace officer, commanding him to take the body of the person accused of an offense, to be dealt with according to law? (Art 15.01)

Select one of the following:

  • Capias

  • Commitment

  • Arrest Warrant

  • Attachment

Explanation

Question 43 of 100

1

According to the Code of Criminal Procedure, whenever a peace officer 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. (Art 2.14)

Select one of the following:

  • May

  • Shall

  • Can

  • Will

Explanation

Question 44 of 100

1

According to the Code of Criminal Procedure, what law enforcement initiated action based on an individual's ethnicity or national origin rather than the individual's behavior? (Art 3.05)

Select one of the following:

  • Selective enforcement

  • Racial profiling

  • Culture bias

  • Ethnocentrism

Explanation

Question 45 of 100

1

According to Commission Rules, if a licensee's name is changed for any reason, such as marriage divorce, or other court action, it must be reported to the Commission within _______ days.

Select one of the following:

  • 60

  • 50

  • 40

  • 30

Explanation

Question 46 of 100

1

According to Commission Rules, if a current license holder is arrested for any offense above a Class c misdemeanor, the license holder shall report the facts of the arrest to the Commission in writing within _____________. (211.27)

Select one of the following:

  • 30 days

  • 60 days

  • 90 days

  • 180 days

Explanation

Question 47 of 100

1

According to Commission Rules, the license of any licensee who does not meet the legislative required education by the expiration date will __________________.

Select one of the following:

  • Terminate

  • Lapse

  • Expire

  • Defer

Explanation

Question 48 of 100

1

A person intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse. According to the Penal Code, the person has committed the offense of _______________. (PC 22.01)

Select one of the following:

  • Assault

  • Aggravated assault

  • Deadly assault

  • Sexual assault

Explanation

Question 49 of 100

1

A person intentionally or knowingly causes the death of an individual. According to the Penal Code, the person has committed the offense of ______________. (PC 19.02)

Select one of the following:

  • Involuntary manslaughter

  • Capital murder

  • Murder

  • Voluntary manslaughter

Explanation

Question 50 of 100

1

A person recklessly causes the death of an individual. According to the Penal Code, the person has committed the offense of _________________. (PC 19.04)

Select one of the following:

  • Capital murder

  • Murder

  • Negligent homicide

  • Manslaughter

Explanation

Question 51 of 100

1

A person operates an amusement ride while intoxicated, and by reason of that intoxication causes the death of another by accident of mistake. According to the Penal Code, the person has committed the offense of ___________. (PC 49.08)

Select one of the following:

  • Intoxicated manslaughter

  • Negligent homicide

  • Murder

  • Capital Murder

Explanation

Question 52 of 100

1

According to the Penal Code which of the following is a "short barrel" firearm? (PC 46.01) (10)

Select one of the following:

  • A rifle with a 16 inch barrel

  • A shotgun with an 18 inch barrel

  • A shotgun with an overall length of less than 26 inches

  • A rifle with an overall length of more than 26 inches

Explanation

Question 53 of 100

1

According to the Penal Code, which of the following is NOT covered in Section 46.02, unlawfully carrying weapons. (PC 46.02) (a)

Select one of the following:

  • Handgun

  • Shotgun

  • Club

  • Illegal Knife

Explanation

Question 54 of 100

1

A person, not the operator, knowingly possesses an open container (of alcohol) in a passenger area of motor vehicle that is located on a public highway. According to the Penal Code, The person has committed the offense of ________________. (PC 49.031)

Select one of the following:

  • Public Intoxication

  • Possession of Alcoholic beverage in a motor vehicle

  • Driving While Intoxicated

  • No Offense

Explanation

Question 55 of 100

1

According to the Penal Code, A license, certificate, permit, seal, title, letter of patent, or similar document issued by a government, by another state, or by the United States is a ___________________. (PC 37.01) (20) (C)

Select one of the following:

  • Court Record

  • Government Record

  • Official Document

  • Contract

Explanation

Question 56 of 100

1

A person is in possession of a burning tobacco product in an elevator. According to the Penal Code, what offense has been committed? (PC 48.01)

Select one of the following:

  • No Offense

  • Smoking Tobacco

  • Disorderly Conduct

  • Criminal Mischief

Explanation

Question 57 of 100

1

A person retains a child younger than 18, knowing this violates the express terms of judgment. According to the Penal Code, what offense has been committed? (PC 25.03)

Select one of the following:

  • Interference with child custody

  • Harboring runaway child

  • Agreement to abduct from custody

  • Enticing Child

Explanation

Question 58 of 100

1

According to the Penal Code, conduct merely affording a person an opportunity to commit an offense does not constitute _____________. (PC 8.06)

Select one of the following:

  • Mistake of Fact

  • Mistake of Law

  • Duress

  • Entrapment

Explanation

Question 59 of 100

1

According to the Penal Code, a person is justified in using deadly force against another when and to the degree he reasonably believe the deadly force is immediately necessary to________________ (PC 9.32) (B)

Select one of the following:

  • Protect him against the lawful use of deadly force

  • Protect him against the other's verbal provocation

  • Prevent the other's imminent commission of robbery

  • Prevent the other's imminent commission of kidnapping

Explanation

Question 60 of 100

1

Which of the following is an advantage of having the professional model for law enforcement?

Select one of the following:

  • Increased cost of training and development

  • Opportunity for educational benefits

  • More Effective problem solving techniques

  • Limited entry-level opportunities for people from lower social economic segments

Explanation

Question 61 of 100

1

The expression of the use of facts without distortion by personal feeling or prejudice is the condition of ___________.

Select one of the following:

  • Professionalism

  • Ethic Integrity

  • Objectivity

  • Courage

Explanation

Question 62 of 100

1

Investigations relating to deprivation of civil rights under color of law are usually conducted by the _______________.

Select one of the following:

  • Federal Civil Rights Commission

  • United State Attorney General

  • Federal Bureau of Investigation

  • Attorney General of Texas

Explanation

Question 63 of 100

1

According to the Penal Code, A public servant acting under color of office or employment commits the offense of Official Oppression if the public servant__________________. (PC 39.03)

Select one of the following:

  • Intentionally subjects another to sexual harassment

  • Aids another in acquiring personal property

  • Coerces another with the intent to obtain a benefit

  • Intentionally includes a report of facts known to the persons to be false

Explanation

Question 64 of 100

1

According to the Transportation Code, a operator intending to turn a vehicle right or left shall signal continuously for not less than the last ________ feet of movement of the vehicle before the turn. ( TC 545.104)

Select one of the following:

  • 100

  • 75

  • 50

  • 25

Explanation

Question 65 of 100

1

According to the Transportation Code, a motor vehicle designed, used, or maintained primary to transport property, is the definition of ________________. (TC 541.201)

Select one of the following:

  • Truck

  • Trailer

  • Vehicle

  • Tractor Trailer

Explanation

Question 66 of 100

1

According to the Transportation Code, a motor vehicle designed and used primarily as a farm implement to draw an implement of husbandry is the definition of a ______________. (TC 541.201)

Select one of the following:

  • Farm Trailer

  • Farm Tractor-Trailer

  • Farm Tractor

  • Farm Vehicle

Explanation

Question 67 of 100

1

According to the Transportation Code, A vehicle that is not designed or used primarily to transport persons or property and that is only incidentally operated on a highway, is classified as a/an __________________

Select one of the following:

  • Special Vehicle

  • Special Mobile

  • Exempt Vehicle

  • Exempt Mobile

Explanation

Question 68 of 100

1

According to the Transportation Code, an individual, association, corporation, or other legal entity that controls, operates, or directs the operation of one or more vehicles that transport person or cargo over a road or highway in this state is a/an __________________. (TC 643.001)

Select one of the following:

  • Local Authority

  • Motor Carrier

  • Exempt Vehicle

  • Exempt Mobile

Explanation

Question 69 of 100

1

According to the Transportation Code, before a violation for expire registration exists there is a ________________ grace period after expiration. (TC 502.407)

Select one of the following:

  • 5 Days

  • 5 Working Days

  • 10 Days

  • 10 Working Days

Explanation

Question 70 of 100

1

According to the Transportation Code, a divided, controlled-access highway for through traffic is the definition of a _______________. (TC 541.302)

Select one of the following:

  • Freeway

  • Highway

  • Road

  • Street

Explanation

Question 71 of 100

1

According to the Transportation Code, an improved shoulder as a _____________. (TC 541.301) (6)

Select one of the following:

  • Semi-roadway abutting a highway

  • Paved Shoulder

  • Roadway breakdown lane

  • Marked lateral edge of roadway

Explanation

Question 72 of 100

1

According to the Transportation Code, the period beginning one-half hour before sunrise and ending one half-hour after sunset is ______________. (TC 541.401) (1)

Select one of the following:

  • Daytime

  • Nighttime

  • Roadway breakdown lane

  • Marked lateral edge of roadway

Explanation

Question 73 of 100

1

A person disposed of litter on the public highway. According to the Transportation Code, what offense has been committed? (HSC 365.012)

Select one of the following:

  • Illegal Dumping

  • Littering

  • Improper Disposal

  • Illegal Disposal

Explanation

Question 74 of 100

1

According to the Transportation Code, and "unmarked crosswalk" only exists __________. (TC 552.005)

Select one of the following:

  • At intersections

  • At unmarked crossings on street

  • An intersections with sidewalks on either side

  • Where not marked

Explanation

Question 75 of 100

1

According to the Transportation Code, a temporary prohibition against driving a commercial motor vehicle is what type of order? (TC 552.003) (23)

Select one of the following:

  • Prohibited-operations

  • Restrained -service

  • Restrictive-operations

  • Out-of-service

Explanation

Question 76 of 100

1

According to the Transportation Code, an operator emerging from an alley shall stop the vehicle ________. (TC 545.256)

Select one of the following:

  • At the stop line

  • Before moving on the sidewalk

  • Before entering the crosswalk

  • At the curb of the street

Explanation

Question 77 of 100

1

According to the Transportation Code, an operator may not, except momentarily to pick-up or discharge a passenger, stand or park on occupied or unoccupied vehicle within how many feet of a fire hydrant? (TC 545.302) (B) (2)

Select one of the following:

  • 15

  • 20

  • 25

  • 30

Explanation

Question 78 of 100

1

Which court case affirmed a person's right to free speech?

Select one of the following:

  • Miranda v. Arizona

  • Duran v. City of Douglas

  • Tennessee v. Garner

  • Ruiz v. Estelle

Explanation

Question 79 of 100

1

The 5th Amendment to the U.S. Constitution gives citizens the protection from _________________.

Select one of the following:

  • Unreasonable searches

  • Quartering of troops

  • Excessive bail

  • Self-incrimination

Explanation

Question 80 of 100

1

The Sixth Amendment to the U.S. Constitution ________________.

Select one of the following:

  • Provides the right to bail

  • Establishes the "due process of law doctrine"

  • Gives the right to trial, open to the public

  • Establishes the police powers of the states

Explanation

Question 81 of 100

1

According to the ____________ Amendment of the U.S. Constitution, powers not specifically reserved to the federal government are reserved to the state government.

Select one of the following:

  • 4th

  • 9th

  • 10th

  • 14th

Explanation

Question 82 of 100

1

Cruel and unusual punishment are prohibited by which amendment?

Select one of the following:

  • 5th

  • 4th

  • 6th

  • 8th

Explanation

Question 83 of 100

1

The condition of the human organism that consist of its health and disease status and risk potential _________________.

Select one of the following:

  • Ergonomics

  • Wellness

  • Fitness

  • Physiology

Explanation

Question 84 of 100

1

According to the Occupations Code, a person licensed as a peace officer must complete 40 hours of legislatively required continuing training once every _______________. (Sec 217.11)

Select one of the following:

  • 12 months

  • 24 months

  • 36 months

  • 48 months

Explanation

Question 85 of 100

1

According to the Penal Code, what is NOT part of the element of an offense? (PC 1.07)

Select one of the following:

  • Admission of guilt

  • Forbidden Conduct

  • Required Culpability

  • Any Required Result

Explanation

Question 86 of 100

1

According to the Penal Code, in the case of an "exception to an offense", burden of proof lies with the _______________. (PC 2.02)

Select one of the following:

  • Defense Attorney

  • Grand Jury

  • Prosecuting Attorney

  • Plaintiff

Explanation

Question 87 of 100

1

According to the Penal Code, a person acts ____________, with respect to the nature of their conduct, when it is the conscious objective of desire to engage in the conduct or cause the result.

Select one of the following:

  • Knowingly

  • Intentionally

  • With criminal negligence

  • Recklessly

Explanation

Question 88 of 100

1

According to the Penal Code, a person is criminally responsible as a party to an offense in the offense is __________________. (PC 7.01)

Select one of the following:

  • Committed by his own conduct

  • Committed under duress

  • Committed intentionally

  • Committed Recklessly

Explanation

Question 89 of 100

1

According to the Penal Code, what is an affirmative defense to prosecution that the actor was compelled by threat of serious bodily injury to engage in the prescribed conduct? (PC 8.05)

Select one of the following:

  • Duress

  • Insanity

  • Mistake of fact

  • Entrapment

Explanation

Question 90 of 100

1

According to the Penal Code, a mistake of fact is ______________. (PC 8.02)

Select one of the following:

  • An affirmative defense to prosecution

  • A defense to prosecution

  • No defense to prosecution

  • A violation

Explanation

Question 91 of 100

1

According to the Penal Code, in order to prove a case of public intoxication, a person must __________________. (PC 49.02)

Select one of the following:

  • Appear in a public place while intoxicated

  • Appear in a public place while intoxicated to a degree the person may endanger himself/herself or another

  • Appear in a public place while smelling strongly of alcohol

  • Appear in a public place while intoxicated and disorderly

Explanation

Question 92 of 100

1

A person is in the process of robbing a store when a customer enters and is shot and killed by the person. According to the Penal Code, what is the most serious offense committed? (PC 19.03) (a) (2)

Select one of the following:

  • Criminally negligent homicide

  • Murder

  • Manslaughter

  • Capital Murder

Explanation

Question 93 of 100

1

A person abducts a child and demands a ransom to the child's release. The person gets scared and releases the child unharmed. According to the Penal Code, what is the most serious offense committed? (PC 20.04) (a) (1)

Select one of the following:

  • Kidnapping

  • Aggravated kidnapping

  • Unlawful restraint

  • Interference with custody

Explanation

Question 94 of 100

1

According to the Penal Code, 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? (PC 36.06)

Select one of the following:

  • Tampering with a witness

  • Jury tampering

  • Obstruction or retaliation

  • Official oppression

Explanation

Question 95 of 100

1

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. According to the Penal Code, the person has committed the offense of ________________. (PC 28.02) (2) (F)

Select one of the following:

  • Criminal mishchief

  • Reckless damage or destruction

  • Aggravated assault

  • Arson

Explanation

Question 96 of 100

1

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 offense? (PC 29.02)

Select one of the following:

  • Assault

  • Robbery

  • Aggravated robbery

  • Manslaughter

Explanation

Question 97 of 100

1

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?

Select one of the following:

  • Burglary

  • Robbery

  • Aggravated theft

  • Aggravated robbery

Explanation

Question 98 of 100

1

A person breaks into an attached garage, breaks into a vehicle parked in the garage, and steals a $1,500 computer from the back seat. According to the Penal Code, what is the most serious offense committed? (PC 30.02) (a) (2)

Select one of the following:

  • Burglary

  • Burglary of a vehicle

  • Theft over $1000

  • Criminal Trespass

Explanation

Question 99 of 100

1

According to the Penal Code, a person commits the offense of theft if they ____________ appropriate property with the intent to deprive the owner of the property. (PC 31.03) (a)

Select one of the following:

  • Willingly

  • Intentionally

  • Unlawfully

  • Knowingly

Explanation

Question 100 of 100

1

A person removes a $450 price tag from a retail item, replaces it with $200 price tag and pays the lower price. According to the Penal Code, the person has committed the offense of ____________________. (PC 32.47)

Select one of the following:

  • Fraudulent destruction, removal or concealment of writing

  • Misapplication of fiduciary property

  • False statement to obtain property of credit

  • Securing execution of document by deception

Explanation