CHAPTER 10

Multiple Choice

1. All of the following are Index Crimes except:

a. aggregated assault.

b. arson.

c. rape.

d. drinking while intoxicated.

2. All of these are the reasons why the crime rate has declined in Texas except

a. the increased age of the average Texan over the past decade.

b. repeat offenders are kept behind bars for a longer period of time.

c. Texas now has less prison beds than ever before.

d. Improved technology is the foremost reason for the reduction in crime.

3. Which statement is not true?

a. Texas leads the nation in the number of people under some form of supervision, with nearly one million people in jail, prison, probation, or parole.

b. One in nearly every twenty adults is on the bad side of the justice system in Texas.

c. Better education and employment opportunities would play an important part in reducing the number of incarcerated Texans.

d. Almost 50 percent of Texas’ prison inmates did not complete high school and 20 percent of them were not employed when they were arrested.

4. The cost of keeping an adult behind bars per year is

a. more than $16,000.

b. less than $10,000.

c. over $40,000.

d. about $50,000.

5. Who has said that he could teach an entire course on abuse of justice using Texas as a case study?

a. Criminal defense attorney Alan Dershowitz

b. Texas Attorney General Greg Abbot

c. The late Tarrant County District Attorney Tim Curry

d. Tarrant County sheriff Dee Anderson

6. Almost 40 percent of the executions performed n the U.S. occur in Texas because

a. Texas has stricter laws.

b. Texas is a populous state.

c. Texans are less law-abiding than the rest of Americans.

d. the state’s individualistic and traditionalistic political culture.

7. All of these are the reasons criminal justice analysts predict a decline in the number of executions in Texas except

a. the US Supreme Court decisions affecting juveniles.

b. the Legislature has empowered juries to sentence defendants to life without the possibility of parole.

c. the US Supreme Court decisions affecting retarded individuals.

d. the Texas Legislature has empowered juries to sentence defendants to life with the possibility of parole.

8. The Texas Commission on Law Enforcement requires candidates to complete

a. an 800-hour basic police academy.

b. three years of basic police academy.

c. a 600-hour basic police training academy.

d. 48 hours of training every time an officer is disciplined.

9. The Texas law enforcement agency most visible to Texans is the

a. Constable.

b. Sheriff.

c. Texas Rangers.

d. Highway Patrol.

10. A county’s chief law enforcement officer is the

a. Constable.

b. Sheriff.

c. Prosecutor.

d. District Clerk.

11. A constable’s primary function is to

a. protect district judges.

b. protect members of city council.

c. provide assistance and administrative support to the justices of the peace by serving subpoenas and other types of summons.

d. protect prisoners against each other in county jail.

12. An example of Community-based Policing (CBP) program is

a. Citizens on Patrol.

b. “Rent-a-Cop.”

c. “Campus Cop.”

d. “Share-a-Cop.”

13. The most serious of the following crimes is

a. Third Degree felony.

b. Class A misdemeanor.

c. Class B misdemeanor.

d. Class C misdemeanor.

14. All of these are true about the due process except:

a. Due process is the rights guaranteed to individuals accused of committing criminal acts.

b. Due process is the rights guaranteed to individuals accused of committing civil acts.

c. Due process rights include the right to trial by jury.

d. Due process safeguards against cruel and unusual punishment.

15. The exclusionary rule demands that

a. evidence gathered illegally cannot be introduced against the defendant before a court of law.

b. law enforcement officers must conduct arbitrary searches and seizures.

c. incriminating evidence should be admissible if the police acted in bad faith.

d. it should not matter how evidence was seized, as long as the bad guys get punished.

16. The U.S. Constitution’s Fourth Amendment

a. prohibits unreasonable search and seizures.

b. protects against double jeopardy.

c. protects against self-incrimination.

d. requires a speedy and public trial.

17. All of the following are categories of evidence that police officers may seize during a lawful search except:

a. fruit of a crime.

b. tools of a crime.

c. mere evidence.

d. Miranda warnings.

18. How many members of the grand jury must vote to indict an accused?

a. 7 members.

b. 9 members.

c. 10 members.

d. 12 members.

19. Grand juries

a. determine defendant’s guilt.

b. sentence criminals.

c. are not used in Texas.

d. decide if there is enough evidence to indict.

20. All of these are criticisms leveled against grand juries except:

a. They are often not representative of community as a whole.

b. A person charged is not allowed to attend the proceedings of the grand jury.

c. Only accused attorneys are allowed to attend the proceedings of the grand jury.

d. It is illegal for grand jury members to discuss the cases with anyone.

21. Plea bargaining

a. is a process of negotiating a settlement, usually for a lesser charge or less jail time.

b. is a process wherein a case is heard by a judge.

c. allows the defendant to waive his or her right to a trial by jury.

d. is not used in Texas.

22. To be eligible for jury duty, an individual must meet the following qualifications except

a. be at least eighteen years old.

b. not convicted of or under indictment for a felony crime.

c. be mentally competent.

d. be a permanent resident.

23. The process of interviewing a jury panel by the defense and prosecution is called

a. voir dire.

b. plea bargain.

c. probable cause.

d. exclusion rule.

24. Felony convictions in Texas must get a jury’s

a. absolute majority vote.

b. plurality vote.

c. unanimous vote.

d. majority vote.

25. Which statement is not true?

a. In Texas, the jury decides the amount of time the accused will serve.

b. Once a jury trial results in a guilty verdict, a separate proceeding is held to determine the sentence.

c. No matter the outcome in criminal trial, the defendant case still can be sued in civil court.

d. Civil trials are initiated by government.

True/False

  1. Texas leads the nation in the number of people under some form of supervision, with nearly one million people in jail, prison, probation, or parole.
  2. Oklahoma has a comparatively low population yet ranks number two in the number of executions.
  1. The constable is a city-level law enforcement official who is elected to four-year terms of office and empowered to provide police services.
  1. Texas Penal Code defines and categorizes crimes and provides for a range of punishment.
  1. In order to preserve the concepts of equal protection and civil liberties, the courts have no choice but to let the defendant go on “technicalities.”
  1. Probable cause can be said to exist when it appears less likely that an individual has committed a criminal act.
  1. The grand jury is comprised of twelve citizens who serve for three to six months and are chosen by judges of the county courts.
  1. When a defendant opts for a plea bargain, the judge hears the testimony and determines the verdict.
  1. The defense first presents its version of the incident before the court and introduces witnesses and evidence that might indicate the defendant’s innocence.
  1. No matter the outcome in a criminal trial, the defendant can still be sued in civil court by the victim or the victim’s family.

Essay Questions

  1. Why has the crime rate declined in recent years in Texas?
  1. What is the due process of the law and what rights are protected under it?
  1. What are the arguments for and against capital punishment?
  1. Distinguish between the original and appellate jurisdictions and give examples of each?
  1. Who is in charge of law enforcement at the state and local levels?

State & Local Govt Chapter 10 Page 1 of 5