Question 1

Texas law uses the "when and where" test of causation in criminal prosecutions.

Accepted Answer

Texas law primarily uses the "but for" test and the "substantial factor" test for causation in criminal prosecutions, not the "when and where" test.

Question 2

For a crime to occur,a time-based connection must exist between the conduct element and the culpable mental state.

Accepted Answer

This statement is true. In order for a crime to occur, there must be a connection between the conduct (physical action) and the culpable mental state (intent, knowledge, recklessness, or negligence) at the time the conduct occurred. This is known as the "actus reus" and "mens rea" elements of a crime. Without this connection, there can be no criminal liability.

Question 3

For conduct to be considered a crime,a penalty must be affixed.

Accepted Answer

This statement is true. In order for an act to be considered a crime, there must be a penalty attached to it by law. Without a penalty, an action may be considered immoral or unethical but it would not be a crime.

Question 4

An accused is criminally responsible if the harmful result would not have occurred but for his conduct.

Accepted Answer

This statement is in line with the legal principle of causation, which states that an accused is only criminally responsible if their conduct was the direct cause of the harmful result. If the harmful result would not have occurred without their conduct, they can be held responsible for it.

Question 5

An accused may be held criminally responsible even if his victim's resultant injuries are more serious than the accused intended.

Accepted Answer

This is because the legal principle of "transferred intent" holds that if the accused intended to commit a wrongful act against one person but instead caused harm to another, he can still be held responsible for the harm caused.

Question 6

An omission to act is a crime only if a reasonable person under same or similar circumstance would have acted.

Accepted Answer

An omission to act is only a crime if there is a legal duty to act, which can arise from statutes, contracts, or special relationships, not merely because a reasonable person would have acted under similar circumstances.

Question 7

A criminal defendant convicted of a Class A misdemeanor could receive a longer sentence of incarceration than she would have received if convicted of a state jail felony.

Accepted Answer

This is because the sentencing range for a Class A misdemeanor is up to one year in jail, while the sentencing range for a state jail felony is 180 days to two years in a state jail facility. The judge has discretion to sentence a defendant to the maximum term within the range for either offense.

Question 8

Some conduct may constitute a crime only when it occurs at a particular time of day.

Accepted Answer

Certain activities or behaviors may only be considered illegal during certain hours or times, such as noise violations, drinking in public, or curfew violations.

Question 9

The doctrine of transferred intent is used by courts to determine whether an accused is eligible for probation after conviction.

Accepted Answer

The doctrine of transferred intent is a legal principle used in criminal law to hold a person accountable for intending to harm one person, but instead harms another person. It does not apply to determining probation eligibility.

Question 10

With limited exceptions,motive - the "why" a crime occurs - is NOT an element of a criminal offense that needs to be proven.

Accepted Answer

Motive is not an essential element of a criminal charge. The prosecution need not prove motive to convict a defendant of a crime.

Question 11

The culpable mental state known as criminal negligence is identical to the standard used for proving negligence in a civil lawsuit.

Accepted Answer

Criminal negligence involves a higher degree of disregard for the risk or consequences of one's actions compared to the standard of negligence in civil lawsuits, which typically involves a failure to exercise a reasonable standard of care.

Question 12

Under Texas law,a person convicted of a Class A or Class B misdemeanor may be sentenced to either jail time or a monetary fine or both penalties.

Accepted Answer

Under Texas law, a person convicted of a Class A or Class B misdemeanor may be sentenced to either jail time, a monetary fine, or both penalties. This is stated in Section 12.21 of the Texas Penal Code.

Question 13

In cases where the statute fails to mention a culpable mental state,unless the definition of the offense plainly dispenses with a culpable mental state,proof of at least recklessness must be established in order to convict the accused.

Accepted Answer

This statement is in line with the general principle of criminal law that requires some level of intent or recklessness to be established in order to convict someone of a crime. However, there may be some exceptions or variations depending on the specific statute and jurisdiction.

Question 14

"Concurrence" is the legal term used to describe the necessary time-based linkage of the mens rea and the actus reus of a crime.

Accepted Answer

This statement is true. Concurrence is the requirement that the mental state and the physical act of a crime must occur at the same time in order for a defendant to be guilty.

Question 15

The "but for" test is used by Texas courts to determine whether a convicted criminal defendant will receive the death penalty or life without parole.

Accepted Answer

The "but for" test is a legal principle used to determine causation, specifically whether a particular harm would not have occurred "but for" the defendant's conduct. It is not specifically used to decide between the death penalty or life without parole, which involves a separate set of legal standards and considerations.

Question 16

"Transferred intent" is a necessary element of proof in every criminal homicide prosecution.

Accepted Answer

While transferred intent can be an element in some types of criminal homicide, such as when the perpetrator intended to kill one person but accidentally killed someone else, it is not a necessary element of proof in every criminal homicide prosecution.

Question 17

Under modern criminal law,the term "mens rea" is a synonym for "intent."

Accepted Answer

"Mens rea" refers to the mental state or "guilty mind" required to establish criminal liability, which can include various states of mind such as intent, knowledge, recklessness, or negligence, not just intent.

Question 18

Behavior may or may not constitute a crime depending solely on the location where it occurs.

Accepted Answer

The legality of behavior is determined by the laws and regulations of the location in which it occurs. What may be lawful in one area may be illegal in another.

Question 19

American criminal law punishes only voluntary conduct.

Accepted Answer

American criminal law follows the principle of actus reus, which means that a person can only be punished for a voluntary act or omission that is considered criminal. In other words, criminal liability is based on the conduct of the offender and not on their thoughts or intentions.

Question 20

The most common form of conduct subject to criminal liability is an affirmative act by the offender.

Accepted Answer

In criminal law, an affirmative act or action taken by the offender is usually required to establish criminal liability. This means that the offender must have performed some act that is prohibited by law or failed to perform an act that is legally required. However, in some cases, criminal liability can also arise from an omission or failure to act, such as when a duty to act is imposed by law, contract, or other legal obligation.

Quiz 2: Elements of a Crime