Texas Government Test 6 (Chapters 11 & 12) – Flashcards

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When was the first female justice elected to the Supreme Court?​
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​1991
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Disputes concerning business contracts, divorce, family matters, and personal injury involve
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civil law
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The term misdemeanor refers to a
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crime less serious than a felony
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A case involving a business contract falls under which branch of law?
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Civil law
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Law made by legislative bodies is called
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statutory law
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A collection of laws relating to the same subject and presented in an organized manner is called a(n)
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code
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A court that has specific authority to decide a particular type of case has
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exclusive jurisdiction
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When a case can be heard by only one court, that court is said to have
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exclusive jurisdiction
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A court that hears and decides cases tried for the first time has
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original jurisdiction
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A party to a civil case who was dissatisfied with the outcome in the trial court could next proceed to a court with
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appellate jurisdiction
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Which one of the following courts is not mentioned in the Texas Constitution?
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Municipal courts
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Which court has original jurisdiction to determine both the validity of will and whether a person is mentally competent?
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Probate court
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Which court does not require the judge to be lawyer?
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​Justice of the peace
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Of the judges of local courts, which must always be an attorney licensed to practice law in the state of Texas?​
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County court-at-law judge
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The term court of record means that
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​a written or electronic record is made of the proceedings
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A violation of the Arlington municipal fire code would be tried in the
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Arlington municipal court
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Justice of the peace in the Texas have ​jurisdiction over all of the following, except
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divorces
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The duty of a coroner's office in Texas is to
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determine the cause of death in certain circumstances
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An operator of an automobile repair shop cannot collect a bill of $426.42 from a customer. Where would the most convenient place be for the operator to sue to recover his money?
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Justice of the peace court
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Which statement regarding the appellate jurisdiction of the intermediate and highest level Texas appellate courts is incorrect?
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All cases involving money disputes can be appealed
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​If you were owed $8,000 and wanted to represent yourself rather than hire an attorney, in which court would you file your case?
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Justice of the peace court
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The validity of a contested will is decided by a
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district court
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State district courts with general jurisdiction would be able to hear and decide all of the following cases, except​
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​a dispute over $150 in wages
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Texas courts that have exclusive original jurisdiction over slander are
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state district courts
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Which of the following courts mainly exercises original jurisdiction?
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State district courts
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Texas is divided into ______ appeals court districts?
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14
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The Texas Supreme Court would not hear an appeal if the
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case involved a school bond election
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The First Court of Appeals in Houston has a chief justice and eight justices. How many of them are required to hear an appeal?​
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Three
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Which level of courts are constitutionally bifurcated in Texas?
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Highest level appellate courts
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The type of case appealed directly to the Texas Court of Criminal Appeals is that of a
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capital felony conviction with imposed death sentence
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Which of the following courts does not have criminal jurisdiction?
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Texas Supreme Court
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The court with responsibility for formulating the rules of civil procedure is the
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Texas Supreme Court
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As of 2014, how many Democrats held statewide office in Texas
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one
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In Texas, nearly all judges are chosen by a
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partisan election
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The short-term method for relieving overcrowded court dockets in Texas is to
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use alternative dispute resolution
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​If you wanted to hear an oral argument in the Texas Supreme Court, you would
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​download a podcast
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If one of the parties to a collaborative divorce chooses to litigate the divorce after the case begins, what must then happen?
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Both attorneys must resign
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The goals of specialty courts are
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efficiency and therapy
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A citizen who believes a judge has behaved unethically while presiding over his or her case should file a complaint with the
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Commission on Judicial Conduct
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The most important role in disciplining judges is now played by the
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Texas Commission on Judicial Conduct
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The Texas Supreme Court does all the following, except
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fill vacancies in state district courts when they arise
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What is the major way that the Missouri Plan differs from the appointment-retention system for selecting judges?
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The people can vote on the appointed judge after he or she serves in office for a while
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In order to be a practicing attorney in the State of Texas, a lawyer must be
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a member of the State Bar of Texas
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The State Bar of Texas performs all the following functions, except
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rate and publish the qualifications of lawyers
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The State Bar of Texas has the authority to take all the following actions, except to
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impeach attorneys
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A lawyer boasts of winning a case in his blog posting. This action is prohibited because​
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​posting this type of information in a blog is advertising
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The compensation for a lawyer based on a percentage of a winning lawsuit is known as a
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contingency fee
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Which amendment to the U.S. Constitution guarantees legal representation to the poor in civil cases?
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None
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Grand juries in Texas are composed of __________ members.
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twelve
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A formal accusation that a person has committed a high felony and must go to trial is a(n)
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indictment
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Indictments are prepared in grand jury proceedings if at least _________ members decide that there is enough evidence to warrant a trial
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nine
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Qualifications for serving on a trial jury in Texas include all the following, except
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be able to read and write English
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The process by which attorneys question potential jurors is called
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voir dire
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A panel of prospective jurors, chosen by random selection, is called a
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venire
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Petit or trial juries in Texas are composed of __________ members
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either six or twelve
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A lawyer may inquire​ about a prospective juror's social media habits to determine if the prospective juror is
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biased
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The court system has the legal authority to the make the rules of civil procedure, however, these rules
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may not conflict with any general laws of the state
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The injured party in a civil case is formally referred to as the
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plaintiff
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The term plaintiff refers to the person who
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initiates a civil suit
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In civil cases, which types of damages would compensate a plaintiff for mental anguish or emotional distress?​
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Noneconomic
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Approximately one-third of all lawsuits are tried by a(n)
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judge
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In recent years, why have the number of civil jury trials declined?
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More cases are being settled by agreement between the plaintiff and defendant
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In a civil jury trial in a state district court, the judge
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applies the law, and the jury finds the facts
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​A trend in the representation of poor people accused of a felony or misdemeanor case that may result in incarceration is
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more counties are establishing public defender's offices to represent the poor
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​In a criminal case how many jurors must agree on a verdict of guilty or not guilty?
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All
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​If the judge disagrees with the jury's verdict in a criminal case, what does the judge do?
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Orders a new trial
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The Texas Penal Code is a body of laws that cover
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crime and punishment
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In Texas one's punishment varies based on
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the ​severity and category of the crime
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As of 2014, the State of Texas has identified how many crimes as felonies?
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More than 2,600
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Felonies are classified as first, second, or third degree depending on the nature of the crime. This is referred to as
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​graded penalties
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In Texas, impersonating someone online is classified as a
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​third-degree felony
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State-jail felonies, like possession of 4 ounces to 1 pound of marijuana, can result in
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​180 days to 2 years in prison and a maximum fine of $10,000
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Which would not be subject to enhancement under the Texas Penal Code?
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A charge of two offenses in the same criminal
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As of 2001, Texas counties with populations over ___________ are required by law to establish a drug court
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​550,000
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A successful drug court in Tarrant County, the SWIFT Court, has been described as
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"probation on steroids"
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Those who engage in organized crime, repeat offenders, and those who commit hate crimes receive enhanced punishment, which means
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they are punished as though they had committed the next higher degree of felony
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Which of the following is not one of the ways that state legislators have sought to address high incarceration rates for drug offenders?
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​Establishing harsher and longer sentences for drug crimes
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Most low-level drug offenders have complicating issues such as​
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​homelessness and poverty
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When a prosecutor makes a _________________, they agree to make a deal if the defendant pleads guilty to specific charges, in return for specific concessions from the prosecutor
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plea bargain
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The primary motivations for hate crime are​
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race and sexual orientation
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In the 1972 Furman vs. Georgia case the death penalty was found unconstitutional because
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​the justices disagreed generally with the practice of executions
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The minimum sentence for a capital felony is
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life without parole
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When someone is executed, their death certificate lists the cause of death as "Death caused by __________."
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judicially ordered execution
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When someone has been found guilty of a capital offense, how many jurors must agree to the death sentence for it to be carried out?
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All of them
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In 2013, Texas ran out of pentobarbital for lethal injections so they turned to
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​compound pharmacies for custom made pentobarbital
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In which case did the Supreme Court rule that the death penalty may not be used for punishment on anyone under 18 years of age?
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Roper v. Simmons
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Which of the following is true of the death penalty?
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Its use has declined across the United States and Texas in recent years
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What are the reasons for which Texas imprisons lawbreakers?
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To punish, rehabilitate and isolate offenders, and deter crime
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The stated purposes of the Texas Department of Criminal Justice include all the following, except to
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punish law breakers
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As of 2013, the number of Texans incarcerated, on parole, or on probation is approximately
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650,000
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Approximately ____ of convicted adult criminals end up being re-sentenced to prison after their release
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25 percent
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The current focus of legislators on rehabilitation and reentry has
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succeeded at reducing the rising imprisonment rates of the 1900s
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Which of the following states has the highest incarceration rate (number of prisoners per 100,000 residents)?
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Texas
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Which of the following is true of prisons run by the TDCJ?​
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A lack of air-conditioning has led to prisoner deaths
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Administrative segregation is another term for​
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solitary confinement
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According to statistics compiled by the Texas Department of Criminal Justice, two characteristics shared by inmates in state prisons are
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poor education levels and substance abuse
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When a prisoner re-offends after being released from confinement for a prior offense, it is called​
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​recidivism
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Prisoners save state and local governments money in the jobs they perform, which have included all except for
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​making dorm room furnishings for state universities
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Females make up about _____ of the prison population in Texas
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8 percent
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The two agencies responsible for convicts who serve all or part of their sentence in the community rather than in prison are​
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Community Justice Assistance Division and Parole Division
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A common barrier to successfully reintegrating prisoners back into society after their release is
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​difficulty finding employment
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Which is true of county jails in Texas?
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Most of them do not offer rehabilitation programs
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Which of the following has oversight responsibility for county jails?
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Texas Commission on Jail Standards
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Texas Crime Victim's Compensation Fund provides money to victims and their families for​ all of the following, except
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representation by an attorney
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What percentage of Texas inmates are housed in private prisons?​
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Ten percent
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Which of the following is true of private prisons in Texas?​
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Texas has more privately operated prisons than any other state
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Which of the following is not true of juvenile justice in Texas?
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Texas has a preference for sending juveniles far away from home to correctional facilities
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Juvenile courts are considered __________ rather than criminal courts
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civil courts
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The term adjudication hearing refers to __________ in juvenile law
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a trial
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Which of the following is true of juvenile offenders in Texas?
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Texas automatically directs 17-year-olds into the adult criminal justice system
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Which of the following is not a common problem facing Texas prisons?​
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Excessive spending on education for prisoners
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Which scientific development has shown that some persons sentenced to death actually did not commit the crime?
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DNA testing
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In Texas, an individual with a serious mental illness is
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​eight times as likely to be incarcerated as to receive treatment
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Among the ways that some Texas prisoners may legally communicate with the outside world are
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social media websites
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TDCJ has a policy of no fraternizing between inmates and correctional staff, but they allow staff and inmates to be "friends" on Facebook because
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​it's too difficult to monitor online sites
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Both TDCJ and TJJD collect DNA samples of all inmates convicted of a
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felony offense
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Rules and procedures in criminal cases in Texas must legally be grounded in the
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Fourteenth Amendment's guarantee that no state can "deprive any person of life, liberty or property without due process of law."
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The agency created to investigate negligence and misconduct in a criminal case is the
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Texas Forensic Science Commission
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Wrongful imprisonment by the state in Texas
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has been shown to be a possibility
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Between 1989 and 2014 there have been roughly ____________ inmates exonerated across the nation after DNA analysis
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315
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Why have so many people been convicted of crimes they didn't commit based on eyewitness identification?
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Eyewitnesses can overlook facial features of people of different races, transfer memories of people from different settings, or have poor recall due to stress
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For exonerated individuals, the State of Texas​ does not provide
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an attorney to sue the state
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Regarding race and ethnicity in the Texas criminal justice system
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​more than two-thirds of Texas law enforcement agencies targeted minorities for stops and searches
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The district attorney (DA) is powerful because she or he has the ability to
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​request the court to take one's life, liberty, or property on behalf of the state
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The job of representing the State of Texas in criminal cases belongs to a
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​a district attorney
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District attorneys in Texas
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have at times been found to hide evidence and make improper arguments to juries
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