This Document Contains Chapters 13 to 14 Chapter 13 Criminal Justice Policy in Texas Multiple Choice 1. Which of the following statements is true of crime statistics in the U.S.? A. Governments use crime statistics to compile a list of wanted criminals. B. State governments track crime rates and statistics for budgetary purposes. C. A detailed report of crime statistics in the U.S. is published annually by the CIA. D. The use of incarceration rates for measuring crime is prohibited due to their inaccuracies. E. The least effective method of measuring crime statistics is victimization surveys. Answer: B 2. The statistical breakdown of crime that the FBI publishes is based on a standard called the __________. A. Uniform Crime Reports B. Corruption Perceptions Index C. Offender Data Information System D. National Crime Victimization Survey E. National Incident-Based Reporting System Answer: A 3. An effective way of measuring crime is by analyzing __________. A. increases in police budgets B. victimization surveys C. political speeches D. insurance reports E. prison statistics Answer: B 4. The eight categories of crime that are used for statistical study by the federal and state governments are known as __________. A. aggravated crimes B. property crimes C. misdemeanors D. index crimes E. felonies Answer: D 5. John works for the FBI. He has been asked to study crime statistics and make an analysis of index crimes that had occurred in the U.S. in 2012. Which of the following should John include in his report? A. trespassing B. underage drinking C. aggravated assault A. hacking computers B. driving under the influence of alcohol Answer: C 6. __________ constitute the majority of crimes in Texas. A. Murders B. Federal crimes C. Fraud and thefts D. Property crimes E. Aggravated assaults Answer: D 7. Which of the following statements is true of crimes in Texas? A. The decrease in the average age of Texans has reduced crime. B. Federal crimes make up the majority of crimes. C. Technology has resulted in more crimes occurring in Texas. D. There has been a significant decrease in property crimes. E. The number of arrests has increased due to the flourishing drug trade. Answer: E 8. Christine, a lawmaker, believes that crime has decreased in Texas in recent years. Which of the following statements strengthens her view? A. Surveys show that the average age of Texans has reduced in the past ten years. B. Criminals involved in recidivism have been kept behind bars for a relatively short period. C. Punishments have been made stricter for repeat offenders. D. Government studies indicate the need to build more prisons in Texas. E. Military reports emphasize that the Texas-Mexico border needs to be strengthened. Answer: C 9. Which of the following statements is true of the corrections system in Texas? A. Texas spends the least amount of money on the corrections system compared to other states. B. Criminals on parole are excluded from the correction system. C. According to the Texas Department of Criminal Justice, most of the prison inmates were employed before being convicted. D. The jail population in Texas has been steadily decreasing over the years. E. The Texas state inmate rate is the highest among all the states in the U.S. Answer: E 10. According to criminal justice agencies and lawmakers, which of the following would play an important part in reducing the number of incarcerated Texans? A. increasing the number of prisons and providing better facilities in prisons B. increasing the funds allocated to the Department of Public Safety Highway Patrol C. giving death penalties to individuals accused of index crimes D. providing better education and employment opportunities E. raising the age bar for individuals to be considered as juveniles Answer: D 11. Which of the following statements is true of capital punishment in Texas? A. Texas executes the most number of prisoners in the U.S. B. Sentencing prisoners to death in Texas would save taxpayers money. C. Executions are higher in Texas due to the large population. D. Capital punishment was first introduced in Texas after the Civil War. E. At least 1000 individuals in Texas are on death row at any given time. Answer: A 12. The Texas law at the time of the Leonel Herrera case required that any new evidence must have been presented within __________ after the initial trial. A. 10 days B. 30 days C. 60 days D. 6 months E. 1 year Answer: B 13. Emily works as a criminologist in Texas. She has been asked to present a paper at the national conference to discuss the crime rates in the U.S. She decides to write a paper on the reason for the high number of capital punishments in Texas. Which of the following would be the focus of her paper? A. the large population of Texas B. the inexpensive corrections system in Texas C. the state's individualistic political culture D. the increasing number of individuals in the age group of 17 to 24 E. the state's higher-than-average criminal element Answer: C 14. Amy, an attorney in Texas, is of the opinion that is easier in Texas to have a murderer convicted for the death penalty than in any other state. Which of the following best supports her opinion? A. the fact that criminals are often uneducated and unemployed B. the fact that it is easy to establish that the criminal is mentally retarded C. the fact that this is the first offence of the criminal D. the fact that the jury is traditionalistic in nature E. the fact that prisons in Texas are practically empty Answer: D 15. Which of the following statements describes a possible reason for the number of executions decreasing in Texas in the future? A. Studies show that criminals are likely to commit second offenses as recidivism has increased. B. Texans can be described as having an individualistic and traditionalistic nature. C. Laws have been passed allowing juries to sentence criminals to life without parole. D. As per a new law, the age of juveniles in Texas has been increased to 20. E. Texas has abolished laws that allow presenting new evidence more than 30 days after conviction. Answer: C 16. The term juvenile is used in Texas for individuals who are __________ years of age or younger. A. 17 B. 16 C. 18 D. 20 E. 21 Answer: B 17. The U.S. Supreme Court prohibited states from executing persons found to be mentally retarded on the basis that it violated the __________ Amendment of the U.S. Constitution. A. First B. Second C. Eighth D. Nineteenth E. Twenty-fourth Answer: C 18. Dennis is a criminal justice analyst in Texas. He has been invited to speak at a national conference about the differences between the laws of Texas and the U.S. Which of the following would Dennis identify as a key difference between the two? A. the interpretation of the term juvenile B. the execution of mentally retarded people C. the interpretation of the Eighth Amendment D. the execution of cyber criminals E. the distinction between index and non-index crimes Answer: A 19. David is a member of the jury. During the trial of a particular case, he decides to not hand out the death penalty to an adult criminal convicted of a capital crime. Which of the following laws is likely to cause David to do so? A. the law that sets a 30-day limit on a new trial based on fresh evidence B. the law that forbids handing out death penalties to juveniles C. the law that safeguards criminals against cruel and unusual punishment D. the law that sets the death penalty as a punishment for repeat offenders E. the law that gives the sentence for life in prison without parole Answer: E 20. A prisoner awarded a life sentence with a chance of parole becomes eligible for parole after __________ years. A. 10 B. 18 C. 25 D. 32 E. 40 Answer: E 21. Which of the following statements is true about criminals being sentenced to death in Texas? A. Criminals who commit property crimes in Texas are given capital punishment. B. Criminals are mostly given the death penalty, as the sentence of life without parole has been abolished. C. Criminals who were below the age of 17 when the crime was committed cannot be executed in Texas. D. Repeat offenders cannot be sentenced to death if they have already served 40 years in prison. E. Prisoners can only appeal death penalties if new evidence is found within 30 days of conviction. Answer: C 22. Candidates must complete a(n) __________ basic police academy course to be eligible for a peace officer license in Texas. A. 300-hour B. 800-hour C. 100-hour D. 600-hour E. 200-hour Answer: B 23. The name of the elite group of state troopers that investigates allegations of police misconduct in Texas is __________. A. Texas Capitol Police B. Texas Highway Patrol C. Texas State Police D. Texas Military Forces E. Texas Rangers Answer: E 24. Which of the following statements is true of the responsibilities of different law enforcement agencies in Texas? A. The Department of Public Safety Highway Patrol is responsible for ensuring the safety of commercial vehicles. B. Licensed peace officers in Texas are responsible for tracking con artists across Texas. C. The Bunco Division is responsible for investigating allegations of police misconduct. D. The Texas Rangers are responsible for border patrol on the Texas-Mexico border. E. The Department of Public Safety Highway Patrol is responsible for investigating federal crimes. Answer: A 25. Julio is a member of the Texas Rangers. Which of the following is his primary responsibility? A. border patrol on the Texas-Mexico border B. ensuring the safety of commercial vehicles C. investigating allegations of police misconduct D. tracking small-time con artists across Texas E. providing security to politicians in the Senate Answer: C 26. Brian is the sheriff of Brazos County. Which of the following statements best describes his responsibilities? A. He must provide administrative support to the justices of the peace. B. He is responsible for serving subpoenas and other summons. C. He must organize periodic task forces to seize drugs. D. He is responsible for maintaining the county jail. E. He must investigate allegations of police misconduct. Answer: D 27. Which of the following statements is true of law enforcement at the county level in Texas? A. Constables at the county level are appointed by the county sheriffs. B. The Texas Constitution authorizes one constable for each precinct in each county. C. A sheriff can be called upon to maintain law and order in more than one county. D. Both sheriffs and constables in the counties are elected to three-year terms. E. It is mandatory for sheriffs and constables of a county to be in uniform. Answer: B 28. Which of the following statements is true of the special district police forces in Texas? A. These forces are similar to rent-a-cops. B. All special task forces must fund themselves through their activities. C. Special task forces are limited to guarding school and college campuses. D. The narcotics task forces are one of the special district police forces in Texas. E. The police forces guarding airports are not empowered to make arrests. Answer: D 29. The method of dealing with crime by allowing citizens to participate in law enforcement is known as __________. A. corporate governance B. social intuitionism C. community-based policing D. corporate social responsibility E. predictive profiling Answer: C 30. Which of the following statements is true of local level police enforcement in Texas? A. The Texas Police Chiefs Association awards a “Recognized” tag to the local level law enforcement agencies that meet or exceed the 164 individual standards. B. Local level law enforcement agencies are responsible for investigating major crimes and allegations of police misconduct C. These agencies are mostly self-funded through the sale of seized homes, vehicles, and property owned by drug dealers. D. These agencies are made up of elected officials in the form of sheriffs and constables who serve four-year terms. E. The Texas Rangers are an elite unit that lead these agencies to provide a wide array of police services throughout Texas. Answer: A 31. __________ refers to the rights guaranteed to individuals accused of committing criminal acts. A. Probable cause B. Miranda warning C. Plea bargain D. Voir dire E. Due process Answer: E 32. Tim is accused of perpetrating a fraud in Texas. According to the due process, which of the following rights is he guaranteed as an accused person? A. the right to a trial by jury B. the right to withhold information C. the right to choose a judge D. the right to leave Texas E. the right to meet his family Answer: A 33. Which of the following statements is true of the rights of accused persons in Texas? A. The rights of criminals are described in the Texas Penal Code. B. "Good faith" evidence can only be used in the case of major felonies. C. Items gathered during illegal searches cannot be used as evidence. D. All accused persons in Texas are granted the opportunity to post bail. E. No searches and seizures are allowed once the accused is charged. Answer: C 34. Tom, a small-time burglar, is accused of illegally growing marijuana in his house. He claims that cops broke into his house and seized the marijuana without sufficient cause or a search warrant. These cops also decide to present the seized marijuana as evidence at the trial. Which of the following rights held by Tom were ignored in this case? A. voir dire B. nolo contendere C. plea bargain rights D. exclusionary rule E. double jeopardy Answer: D 35. The exception to the exclusionary rule is called __________. A. voir dire B. “good faith” C. nolo contendere D. plea bargain E. incitement Answer: B 36. Claudia, a police officer in Texas, procured a search warrant to look for marijuana in Bob’s house. During the search, she found a bundle of currency notes which were stolen during a recent bank robbery. Under which of the following rules can Bob be charged for robbery? A. the “good faith” rule B. the exclusionary rule C. nolo contendere D. plea bargain E. double jeopardy Answer: A 37. For an accused, the first formal stage of the criminal justice process is the __________. A. arrest B. seizure C. search D. evidence E. trial Answer: A 38. Rafael, a known criminal in Texas, was seen hiding a gun and some cash in his car, close to where a bank had been stolen the previous day. On closer inspection, he appeared to have been wounded in the leg, similar to the witnesses’ account of how the robber was injured while escaping from the bank after the robbery. Rafael can be arrested under the provision of __________. A. the exclusionary rule B. the nolo contendere C. probable cause D. a plea bargain E. the “good faith” rule Answer: C 39. Andrew is charged with the crime of killing a police officer in Texas. Which of the following can Andrew expect on being arrested? A. He will be denied a free attorney. B. His case will be heard in a county court. C. He will be immune from criminal charges. D. He will not be granted bail. E. His residence will be searched without a search warrant. Answer: D 40. Which of the following statements is true about searches in Texas? A. Citizens are guarded against illegal searches by the Fifth Amendment. B. Search warrants are granted by the sheriff of the county. C. Searches of cars require a search warrant. D. Arrested people cannot be searched immediately. E. Homes can only be searched after an arrest is made. Answer: C 41. A week after a robbery at an electronics store in Dallas, a search warrant was procured to search Clark’s house, based on witnesses’ description of the accused. During the search, police officers found two stolen smartphones. The smartphones can be classified as __________. A. tools of a crime B. contraband C. mere evidence D. fruits of a crime E. probable cause Answer: D 42. According to the Texas constitution, which of the following statements is true about categories of evidence? A. Gambling equipment is classified as contraband in Texas. B. Mere evidence refers to instruments used for the crime. C. Police can only seize items found relating to the suspected crime. D. Only evidence relating to index crimes can be confiscated. E. Bail is not granted if the tools of a crime are found during the search. Answer: A 43. __________ is defined as theft after unlawfully entering a vehicle or structure. A. Robbery B. Trespassing C. Burglary D. Shoplifting E. Assault Answer: C 44. An indictment is issued if __________ or more members of the grand jury find that the case should proceed to the trial stage. A. three B. six C. seven D. nine E. two Answer: D 45. Victoria, a practicing attorney, believes that the rights of an individual are violated by appearing in front of a grand jury. Which of the following statements weakens her belief? A. Unlike jurors in felony trials, grand jurors have to serve for up to two months. B. A survey shows that 80% of the times, “no-bills” were declared during grand jury trials. C. Individuals accused in felonies have the right to have the case heard by a grand jury. D. The defendant or his attorneys are not allowed to be present at grand jury trials. E. Jury members serving in grand jury trials are barred from speaking to anybody. Answer: C 46. Jesse, a law student, is of the opinion that plea bargain is essential in Texas. Which of the following statements weakens her opinion? A. Surveys show that recidivism has been increasing yearly in recent years. B. A recent report indicates that there is a large backlog of felony cases to be heard. C. A government survey of the prison system indicates an urgent need for more prisons. D. Most of the arrests in recent years have been through information supplied by convicts. E. Prisoners making plea bargains for release are monitored by the police for 2 years. Answer: A 47. Which of the following statements is true of trials in Texas? A. A choice is given to the defense to present the case before or after the prosecution. B. Jurors selected to hear trials are picked exclusively from voter registration lists. C. A defendant opting for a bench trial is heard by a judge and no jury. D. Misdemeanor cases in county courts-at-law are heard by twelve jurors. E. The voir dire process during trials refers to the opening arguments of both sides. Answer: C 48. __________ refers to the process of interviewing potential jury members by the defense and prosecution. A. Voir dire B. Nolo contendere C. Plea bargain D. Due process E. Exclusionary rule Answer: A 49. Raymond, a Texan lawmaker, claims that prosecutors only have one chance to successfully convict a criminal for a specific crime. Which of the following statements supports his claim? A. Texas government reports indicate that the budget for public attorneys is usually very low. B. The double jeopardy rule does not allow the government to prosecute an individual more than once for the same charge. C. In recent years, most Texas politicians have spoken in favor of tougher criminal laws in Texas. D. A study shows that 75% of juries in Texas mutually agree on a verdict to avoid a hung jury. E. Surveys of the corrections system show that a majority of criminals are prone to recidivism. Answer: B 50. Which of the following statements holds true if an accused person is found guilty by a jury in Texas? A. No civil charges can be filed against the convict for damages. B. The individual cannot be charged for the same crime again. C. The judge can declare a mistrial if he disagrees with the jury. D. The option of a plea bargain is still open to the accused. E. The person can be outlawed if found guilty of a capital crime. Answer: B True/False 1. Burglary is one among the 8 index crimes as decided by the Uniform Crime Reports. Answer: True 2. The decreasing average age of Texans has resulted in a fall in crime in Texas. Answer: False 3. Laws passed in Texas to protect people in “dating relationships” have been recently abolished. Answer: False 4. Amanda, a lawmaker, believes that increasing state spending on better education rather than spending large amounts on making the corrections system in Texas larger would result in a decrease in the number of incarcerated Texans. This view is supported by many criminal justice agencies and lawmakers in Texas. Answer: True 5. Jon was arrested in the state of Texas for driving under the influence. His crime will be added as a statistic in the FBI's report of index crimes. Answer: False 6. It is very expensive to get criminals in Texas convicted for the death penalty. Answer: True 7. Gary, a prisoner in Texas, appeals to court for a stay on the death penalty given to him on the grounds that new evidence has been found which could exonerate him. Considering the fact that Gary is appealing two months after he was convicted in May 2012, his request for a new trial is likely to be rejected. Answer: False 8. Executions are on a decline in Texas because juries have the option of sentencing an accused individual to life imprisonment in prison without the possibility of parole. Answer: True 9. The state law enforcement agency most visible to Texans is the Texas Commission on Law Enforcement. Answer: False 10. The number of constables in a county depends on the county’s population. Answer: True 11. Campus cops are empowered to take any necessary police action according to the situation. Answer: True 12. Police agencies in Texas can become “Recognized” provided they meet or exceed 164 individual standards adopted by the Texas Police Chiefs Association. Answer: True 13. The right to face the person who made the accusation is one of the rights given to individuals in Texas as per the due process. Answer: True 14. The exclusionary rule is an exception to the “good faith” policy to curb the power of the police in conducting arbitrary searches. Answer: False 15. For an accused, the first formal stage of the criminal justice system is the arrest. Answer: True 16. A “no-bill” is issued by a grand jury if it is found that the accused was justified in his actions. Answer: True 17. Jessica, a law student, believes that it is difficult for grand juries to be impartial. Her viewpoint is strengthened by the manner in which the grand jury process is conducted. Answer: True 18. Grand jurors are the best representatives of the community as a whole. Answer: False 19. A hung jury is declared by the judge if the jury fails to reach a verdict. Answer: True 20. In a case that involved a person accused of committing arson, the jury failed to give a unanimous verdict. According to the Texas law, in such an instance, the judge is restricted from declaring a hung jury. Answer: False Short Answer Questions 1. Identify the methods used for measuring crime in the U.S. and state their disadvantages. Answer: To measure crime in the U.S., methods include: 1. Uniform Crime Reporting (UCR): Relies on data voluntarily reported by law enforcement agencies. Disadvantages include underreporting, inconsistency in reporting standards, and lack of comprehensive data on all crimes. 2. National Crime Victimization Survey (NCVS): Surveys households about their experiences with crime. Disadvantages include reliance on self-reporting, underreporting due to fear or memory issues, and limited coverage of certain crimes. These methods provide valuable insights but have inherent limitations that affect the accuracy and comprehensiveness of crime data in the U.S. 2. Analyze how government spending should be distributed to improve crime in Texas. Answer: To improve crime in Texas through government spending distribution, focus should be on: 1. Prevention Programs: Investing in community-based initiatives, youth programs, and education to address root causes of crime. 2. Law Enforcement Resources: Allocating funds for effective policing, technology, and training to enhance crime deterrence and response. 3. Rehabilitation and Reintegration: Supporting initiatives that reduce recidivism through rehabilitation programs and support services for ex-offenders. Balancing these areas can help Texas prioritize prevention, enforcement, and rehabilitation efforts to effectively manage and reduce crime rates. 3. Explain how laws passed might help reduce the number of executions in Texas from the perspective of a prospective juror in Texas. Answer: From the perspective of a prospective juror in Texas, laws passed could help reduce the number of executions by: 1. Revising Sentencing Guidelines: Implementing laws that allow for alternatives to the death penalty, such as life imprisonment without parole, for certain crimes. 2. Enhancing Due Process Safeguards: Ensuring that jurors have access to comprehensive evidence and expert testimony to make informed decisions. 3. Supporting Clemency and Appeals Processes: Strengthening avenues for clemency and appeals to review cases thoroughly and prevent wrongful convictions. These measures would provide jurors with more options and safeguards, potentially leading to fewer executions in Texas. 4. As a peace officer in a municipal police department, explain what one can do to increase community participation in law enforcement. Answer: As a peace officer in a municipal police department, to increase community participation in law enforcement: 1. Community Outreach: Engage regularly with residents through meetings, events, and community policing initiatives to build trust and rapport. 2. Education and Awareness: Educate the community about law enforcement procedures, rights, and responsibilities to foster understanding and cooperation. 3. Collaborative Programs: Establish neighborhood watch programs, citizen police academies, and volunteer opportunities to involve residents in crime prevention and safety initiatives. These efforts can enhance community trust, cooperation, and active participation in law enforcement activities. 5. As a prosecutor in Texas, explain why it is essential for him/her to have a defendant convicted in a single trial. Answer: As a prosecutor in Texas, it's essential to secure a conviction in a single trial because: 1. Resource Efficiency: Avoids the time and cost of repeated trials, benefiting both the judicial system and taxpayers. 2. Victim Closure: Provides closure to victims and their families by swiftly resolving the case. 3. Public Confidence: Upholds public trust in the justice system by demonstrating its ability to effectively resolve cases. 4. Judicial Economy: Promotes judicial efficiency and reduces caseload backlog, allowing courts to focus on other cases. 5. Deterrence: Sends a strong message of deterrence to potential offenders and reinforces law enforcement efforts. Securing a conviction in one trial is crucial for maintaining efficiency, fairness, and effectiveness in the criminal justice process in Texas. Essay Questions 1. Explain the reason behind the fact that although crime in Texas is decreasing, a large number of arrests are still being made every year. Describe the impact that this has on the corrections system and what measures can be taken to ensure effective government spending. Answer: The reason crime in Texas is decreasing while arrests remain high is due to various factors such as proactive policing, policies targeting specific crimes, and societal factors. This high arrest rate impacts the corrections system by increasing inmate populations, straining resources, and requiring significant financial allocation. To ensure effective government spending, measures can include investing in diversion programs, enhancing rehabilitation efforts, and promoting alternatives to incarceration like drug courts and mental health services. These strategies aim to reduce recidivism, manage prison populations, and optimize public safety outcomes. 2. Explain why Texas currently has the highest execution rate in the U.S. and why the number of executions has been projected to reduce further in the future. Answer: Texas currently has the highest execution rate in the U.S. due to its historical and cultural support for the death penalty, combined with stringent criminal justice policies. However, the number of executions has been projected to decrease due to evolving public opinion, legal challenges leading to delays, and alternative sentencing options gaining acceptance. Additionally, advancements in forensic science and increased awareness of wrongful convictions have contributed to a more cautious approach towards capital punishment in Texas. 3. As a citizen of Texas, explain how a citizen can participate in law enforcement and the responsibilities of officers in the police forces who are elected to their posts. Briefly list the parts of the police force that remain independent of community participation and their roles in law enforcement. Answer: As a citizen of Texas, participation in law enforcement can include joining neighborhood watch programs, attending community meetings with law enforcement, and reporting suspicious activities to local authorities. Officers in police forces who are elected to their posts have responsibilities that include overseeing department policies, budget allocation, and community relations. Parts of the police force that remain independent of community participation include specialized units like SWAT teams and investigative units, which focus on specific criminal investigations and operations critical to law enforcement. Their roles involve handling complex cases, executing high-risk operations, and maintaining public safety through specialized skills and training. 4. As a police officer in Texas, explain the laws that a citizen needs to be aware of with regard to arrests, searches and seizures. List the different types of evidence that can be seized during a lawful search. Answer: As a police officer in Texas, citizens should be aware of laws regarding arrests, searches, and seizures, including: 1. Arrests: Police must have probable cause or a warrant to arrest someone, except in certain circumstances like witnessing a crime. 2. Searches: Generally require a warrant based on probable cause, except for situations where consent is given, or there's probable cause to believe evidence is in immediate danger of being destroyed. 3. Seizures: Police can seize evidence if it's in plain view, under a lawful arrest, or with a warrant. Types of evidence that can be seized during a lawful search include weapons used in a crime, illegal drugs, stolen property, and any items listed in a search warrant. Understanding these laws helps citizens protect their rights and comply with legal requirements during police interactions in Texas. 5. Explain the rights that are given to an accused person in Texas after the arrest is made and during the trial. Explain the view that the defense mainly needs to cast enough doubt on the guilt of the individual to divide the jury for the defendant to be free of the case. Answer: In Texas, after arrest and during trial, an accused person has rights such as: 1. Right to Legal Counsel: They have the right to an attorney and if they cannot afford one, the court will appoint one. 2. Right to Remain Silent: They have the right not to testify against themselves. 3. Right to Due Process: They have the right to a fair and speedy trial by an impartial jury. Regarding the defense strategy, the goal is to create reasonable doubt among jurors about the defendant's guilt. If doubt exists about the prosecution's case, jurors may not reach a unanimous verdict of guilt, potentially leading to the defendant being acquitted. This principle underscores the importance of effective defense strategies in criminal trials in Texas. Chapter 14 Finance and Budgeting in Texas Multiple Choice 1. Which provision of the Texas Constitution is a means to keep the government from spending more than it receives in revenues? A. the balanced budget B. the dedicated fund C. the current services budget D. the sales tax E. the regressive tax Answer: A 2. The __________ in Texas is primarily responsible for both estimating and certifying state revenue. A. attorney general B. comptroller of public accounts C. tax assessor D. political action committee E. justice of the peace Answer: B 3. The balanced budget provision of the Texas Constitution __________. A. allows for greater budgeting flexibility B. is a constitutional limit on state appropriations C. has eliminated the role of the comptroller of public accounts in the budget- making process D. primarily sets aside revenues for specific expense categories E. is a regulation set by Congress that the state government must meet Answer: B 4. In the biennial budget system, the __________. A. comptroller finds it easy to estimate state revenue B. national budget is passed once in every two years C. appropriations bill covers a four-year cycle D. budget is required to be passed a year before it goes into effect E. actual budget projection period extends to thirty months Answer: E: 5. The current monthly state revenue of Gelandra is $5 million. The legislature allots $2.5 million for financing schools, $1.5 million for hospital expenses, and $1 million for laying roads. The expenses cannot be interchanged between the three allotments. Which of the following best represents the three expenses? A. dedicated funds B. capital funds C. balanced funds D. shares E. stocks Answer: A 6. __________ best describe the revenues set aside for specific expense categories. A. Shares B. Balanced funds C. Capital funds D. Dedicated funds E. Stocks Answer: D 7. Which of the following statements is true of dedicated funds? A. They can be used as and when required by the state for any purpose. B. They stop the legislature from raiding a revenue stream for unintended purposes. C. They can be dedicated constitutionally but not statutorily. D. They are least influenced by federal mandates. E. They are typically used interchangeably between allotted purposes. Answer: B 8. __________ are best described as regulations set by Congress that state and local government must meet. A. Federal grants B. Balanced budget provisions C. Federal mandates D. Dedicated fund provisions E. Bill appropriations Answer: C 9. Suppose that in a recent study, it was found that the state prisons in Texas are underfunded. The Congress passes a federal court mandate to restrict excess flow of state expenses and channel the surplus to the dedicated prison fund. The government is directed to follow the balanced budget provision to avoid any unwanted fund wastage. Which of the following statements is true of this scenario? A. The prison funds can be used for public maintenance services. B. The court mandate is final and the state government must abide by the decision. C. The balanced budget gives free rein to the government’s expenditures. D. The government can be flexible in its budgeting decisions due to the provision. E. The role of the comptroller of public account is rendered insignificant. Answer: B 10. The __________ is an important entity in the state’s finance and is co-chaired by the lieutenant governor and the Speaker of the House. A. Legislative Redistricting Board B. State Preservation Board of Texas C. Legislative Budget Board D. Public Utility Commission of Texas E. Texas Bond Review Board Answer: C 11. The budget creation process begins with the submission of the __________ by state agencies to the Legislative Budget Board. A. Legislative Budget Request B. Legislative Utility Appeal C. Legislative Bond Request D. Legislative Appropriations Request E. Legislative Board Appeal Answer: D 12. Which of the following statements is true of the Legislative Budget Board (LBB)? A. The LBB begins to construct the budget using the Biennial Revenue Estimate from state agencies. B. The LBB is chaired by an elected member of the Senate Committee on State Affairs. C. The LBB’s plan is introduced only in the Senate and not in the House. D. The LBB refrains from offering guidance on expenditures to the state agencies. E. The LBB and the governor have the power to impound funds without having to call a special session. Answer: E 13. Suppose that the National Park Foundation, a Texas state agency, is in need of financial advice. It must allot a budget for park landscaping, animal maintenance, and water conservation in 34 state parks. It is short of $15 million. Which of the following steps should the agency take to clarify its budgetary needs? A. It should submit a Legislative Appropriations Request to the Legislative Budget Board. B. It should leave the budgetary decisions to the House Committee on Ways and Means. C. It should request the governor to agree to use funds from the Permanent School Fund. D. It should sign a legislative form and use money from the Rainy Day Fund. E. It should submit its Biennial Revenue Estimate to the legislature. Answer: A 14. The Permanent University Fund __________. A. is the smallest public university endowment in the world B. pays off bond interest and principle before funding universities C. receives funds from franchise tax D. can be used only during state emergencies E. is financed through both state and employee contribution Answer: B 15. The Permanent University Fund __________. A. is the largest public university endowment in the world B. does not invest its assets in stock C. is a type of Rainy Day Fund D. can be used only during state emergencies E. flows only to schools within the University of Texas and Texas A&M systems Answer: E 16. Which of the following statements is true of the Permanent University Fund? A. It is the smallest public university endowment in the world. B. It invests its assets in stock. C. It is a type of Rainy Day Fund. D. It can be used only during state emergencies. E. It flows to schools outside the University of Texas and Texas A&M systems. Answer: B 17. The __________ receives money from oil and natural gas collections and is used only during economic emergencies. A. Rainy Day Fund B. Permanent School Fund C. Texas Mobility Fund D. State Highway Fund E. Permanent University Fund Answer: A 18. Which of the following statements is true of the Rainy Day Fund? A. The primary source of revenue of this fund is cigarette tax. B. It needs two-thirds votes in each house to appropriate fund money during economic emergencies. C. During economic emergencies, it takes a separate 60% votes from both the House and the Senate to tap the funds. D. It primarily funds wildlife parks. E. Money from the fund is primarily channeled to the Available School Fund. Answer: C 19. Manor High is a public educational institute. Its annual expenditure is $5 million. It receives money from an independent state fund. The fund is fuelled by business tax, cigarette tax, and to an extent by the motor vehicle sales tax. Which of the following state funds is best exemplified in this scenario? A. the Rainy Day Fund B. the Property Tax Relief Fund C. the Permanent School Fund D. the State Highway Fund E. the Permanent University Fund Answer: C 20. Suppose that Lawrence s is the governor of Texas. He has to take an important decision regarding the state budget. During the biennial budget session, it was estimated that there would be a shortfall of $2.5 billion, as the state revenues were not on par with its expenses. He does not want to burden people with heavy taxes. In order to overcome this financial crisis, he is eligible to take money from the __________. A. Permanent University Fund B. Texas Mobility Fund C. Property Tax Relief Fund D. Rainy Day Fund E. Permanent School Fund Answer: D 21. In a progressive tax system, __________. A. athe tax rate increases as income decreases B. a higher burden is placed on the poor than on C. the funds are typically used only during emergencies D. the collected tax is typically set aside for the Rainy Day Fund E. the sales tax does not apply to all purchases Answer: A 22. Which of the following is a defining characteristic of a progressive tax system? A. In this system, the tax rate increases as income increases. B. In this system, a higher burden is placed on the wealthy. C. In this system, the funds are typically used only during emergencies. D. In this system, the collection is typically set aside in the Rainy Day Fund. E. In this system, the sales tax does not apply to all purchases. Answer: B 23. Which of the following is a defining characteristic of a regressive tax system? A. In this system, the tax rate increases as income decreases. B. In this system, a higher burden is placed on the poor than on the wealthy. C. In this system, the funds are typically used only during emergencies. D. In this system, the collected tax is typically set aside for the Rainy Day Fund. E. In this system, the sales tax does not apply to all purchases. Answer: B 24. The state __________ tax is the largest single component of tax revenue. A. sales B. franchise C. insurance D. motor vehicle E. oil and gas Answer: A 25. In Texas, a franchise tax __________. A. is levied only on a business’s inventory B. applies to sole proprietorship C. is typically assessed on a business’s revenue plus employee compensation D. should be paid even if a business fails to make money E. is levied only on the profit made by a business Answer: D 26. Teal Motor Corp. manufactures automobile parts. It currently has a stock worth only $120,000. It has not made any significant profit this year but has to pay taxes based on its earned surplus. Which of the following taxes is best described in this example? A. sin tax B. pole tax C. amusement tax D. insurance tax E. franchise tax Answer: E 27. The taxes levied on cigarettes, tobacco products, and alcoholic beverages are commonly referred to as __________ taxes. A. sin B. margin C. poll D. amusement E. utility Answer: A 28. WeaverBird is a textile wholesaler operating in Texas. It earns a profit of $500,000. It pays 70% of its total revenue as tax. This best exemplifies __________. A. a franchise tax B. a sin tax C. a sales tax D. a margin tax E. an income tax Answer: D 29. Jade and Roxanne frequent the local pub. They do not have a job and spend most of their time smoking cigars and drinking alcohol. Which of the following taxes are they most likely to pay? A. margin taxes B. sin taxes C. utility taxes D. income taxes E. franchise taxes Answer: B 30. Which of the following statements is true of sin taxes in Texas? A. They are regressive taxes that burden the poor. B. Cigarette taxes in Texas are the lowest in the country. C. Adult entertainment establishments charge pole tax as a sin tax. D. Alcoholic beverage taxes always decrease during a recession. E. They are taxes typically levied on 70% of a business’s total revenue. Answer: C 31. Sarah is a Texan. She works as a lawyer for The Jerry Branson Law, a sole proprietorship. Her monthly income is $450. Sarah is a teetotaler but frequents the racino in Louisiana Downs to wager on horse races. In the context of Texas taxation, which of the following statements is true? A. Sarah need not pay an income tax. B. The Jerry Branson Law pays franchise taxes. C. Sarah is exempted from paying all forms of sales tax. D. Sarah spends the greater part of her income on paying alcoholic beverage taxes. E. The law firm is not exempted from paying margin taxes. Answer: A 32. Sarah is a Texan. She works as a lawyer for The Jerry Branson Law, a sole proprietorship. Her monthly income is $450. Sarah is a teetotaler but frequents a racino in Louisiana Downs to wager on horse races. In the context of Texas taxation, which of the following statements is true? A. Sarah need not pay income tax. B. The Jerry Branson Law pays franchise taxes. C. Sarah is exempted from paying all forms of sales tax. D. Sarah pays the greater part of her income on alcoholic beverage taxes. E. The law firm is not exempted from paying margin taxes. Answer: A 33. Which of the following statements is true of nontax revenue in Texas? A. The nontax revenue has always exceeded taxable revenue since fiscal year 2002. B. Professional licenses and permits are the largest sources of nontax revenues. C. Alcoholic beverages and cigarettes are nontaxable revenue sources. D. Lotteries offer the least nontaxable revenues to the state. E. Federal grants are not part of nontaxable revenues to the state. Answer: A 34. The income derived from lottery and fees paid to the state best exemplify __________. A. federal income B. pole tax C. amusement tax D. dedicated funds E. nontax revenue Answer: E 35. __________ are the largest sources of nontax revenue in Texas. A. Federal grants B. Professional licenses C. Interest incomes D. Lotteries E. Permits Answer: A 36. Suppose that, in the current financial year, Texas has gained $15 billion for Medicaid. It has roped in another $6 billion through permits and fines and $35 billion together from sin taxes and sales tax. The Texas legislature has also decided to include multistate lottery. Which of the following can be concluded from this scenario? A. The tax revenue is higher than the nontax revenue for the state. B. The net lottery revenue will decrease with the inclusion of multistate lottery. C. The federal Medicaid grant is the largest taxable revenue gained by the state. D. The state has not gained tax revenues. E. The citizens of the state will have to pay a higher income tax. Answer: A 37. In the context of Texas, which of the following statements is true of the federal income? A. Federal funding is the smallest source of revenue for the state. B. Increased Medicaid funding accounts for much of the federal increase over the last two decades in Texas. C. The federal income earned by Texas was the largest in the year 2012, amounting to $32.9 billion. D. Federal funding no longer funds the Texas state’s health and human service spending. E. Federal income has increased with the expiration of the Obama stimulus plan. Answer: B 38. The __________ is often referred to as the fee on the mathematically challenged, because the odds of winning are slim. A. sin tax B. interest C. lottery D. dedicated fund E. poll tax Answer: C 39. Which of the following statements is true of the lottery system in Texas? A. In Texas, the lottery revenue has dropped low enough to kill off the games completely. B. The entire amount earned in lottery sales is paid as taxes. C. Reducing the Lottery Commission’s budget has drastically increased the state’s revenue. D. Texas joined the multistate lottery in 2003 to increase net lottery revenue. E. The Texas Lottery delivers the entire amount it earns from ticket sales in net revenue to the state. Answer: D 40. Ron is an amateur hunter. He obtains a hunting license from the Texas Parks and Wildlife Department, which limits his hunting to within 500 acres of forest land. He pays $200.00 dollars for the permit and $1,400 for a lifetime license. Which source of state revenue is best exemplified by the permits and licenses paid by Ron? A. federal grant B. pole tax C. amusement tax D. dedicated fund E. nontax revenue Answer: E 41. Wily Dunston owns a small recreational joint and recently introduced the concept of hologram med scratch-off tickets. People buy the tickets for a certain sum of money and scratch off the hologram to check if they have won any prize. The odds are that they invest more and gain less. Which of the following is best exemplified in the scenario? A. a lottery B. a federal grant C. an amusement tax D. a sin tax E. a dedicated fund Answer: A 42. Which of the following statements is true of educational expenditures in Texas? A. In the 2012–2013 budget, 80% of the state spending was allocated for education. B. The state’s portion of education funding is $70 billion per year. C. The Robin Hood Plan mainly raised property tax money from wealthy districts and transferred it to poorer districts. D. The state appropriates over $30 billion a year for higher education. E. The total public and higher education expenditures in the state are much lower than the line item totals in the state appropriations bill. Answer: C 43. Which of the following typically uses property tax money from wealthy districts in order to finance poor districts? A. the Permanent School Fund B. the Robin Hood Plan C. the Foundation School Program D. the Rainy Day Fund E. the Texas Mobility Fund Answer: B 44. Kim Dunn studies in The Blue Bird School, a public elementary institute located in a poor school district in Texas. She is 11 years old, and her family belongs to the category living below poverty line. She rides her bicycle 15 miles to school, travelling on rough roads. Based on this scenario, which of the following statements is most likely to be true? A. The Blue Bird School receives money from wealthy districts through the Rainy Day Fund. B. Kim can be covered through Medicaid grants. C. The Dunn family pays a great part of its income as income tax. D. Kim is eligible for the Children’s Health Insurance Program. E. The Dunn family contributes maximally to franchise tax. Answer: B 45. In the Medicaid program, __________. A. a significant portion of program spending flows to aging and disability services B. the funds are divided between the Texas Department of Family and Protective Services and the Texas Animal Health Commission C. health care of children aged 6 to 18, above the federal poverty line are covered D. health care of pregnant women and infants are not covered E. foster care children are not eligible for health care coverage Answer: A 46. __________ is the Texas government-sponsored health care for the poor. A. Badger Care B. Medi-Cal C. Medicaid D. MassHealth E. Peach Care Answer: C 47. The __________ offers subsidized health protection and coverage for youngsters, aged 18 and under, whose parents make too much money for Medicaid but who earn less than 200% of the federal poverty level. A. Temporary Assistance for Needy Families B. Robin Hood Plan C. Texas Women’s Health Program D. Children’s Health Insurance Program E. Texas Mobility Fund Answer: D 48. Simone is in need of medical attention. Her parents work in the local supermarket and their income is less than 200% of the federal poverty line. They do not qualify for Medicaid and Simone is only 17 years old. Which of the following health care coverage programs would best suit Simone? A. the Children’s Health Insurance Program B. the Robin Hood Plan C. the Temporary Assistance for Needy Families D. the Texas Mobility Fund E. the Texas Women’s Health Program Answer: A 49. __________ is the third largest area of government spending, with total appropriations of about $12 billion a year. A. Criminal justice B. Health and human services C. Public education D. Public safety E. Business and economic development Answer: E 50. Which of the following statements is true of the business and economic development area of governmental expenditure? A. It is the largest area of government spending. B. The maximum share of these funds is sent to The Texas Department of Transportation. C. The Lottery Commission is not sponsored through these funds. D. The state spends more on Business and Economic Development than any other single function of the government. E. These funds are typically used for health care services for the elderly and the disabled. Answer: B 51. The city of Austin is in dire need of good roads to connect it to the cities of Rollingwood and Tarrytown. For this, the Texas Department of Transportation needs funds to design, construct, and maintain around 2,800 miles of highways. Which of the following areas of government spending will fund the highway project? A. public education B. health and human services C. business and economic development D. criminal justice E. public safety Answer: C True/False 1. The balanced budget requirement has eliminated the role of the comptroller of public accounts in the budget-making process. Answer: False 2. Matt is the comptroller of public accounts. He can only estimate state revenue but cannot certify the same. Answer: False 3. Biennial budgets make spending decisions more difficult. Answer: True 4. In Texas, the actual projection period for the budget extends to 24 months. Answer: False 5. Dedicated funds are typically switched between different expense categories. Answer: False 6. When funds are set aside for specific expenditures, the legislature cannot raid a revenue stream for unintended purposes. Answer: True 7. The Legislative Budget Board’s plan is introduced after the comptroller’s Biennial Revenue Estimate is delivered to the legislature. Answer: True 8. Once the budget is passed, it is possible to alter any budget expenses only by organizing special sessions. Answer: False 9. Cathy is the lieutenant governor of Texas. She co-chairs the Legislative Budget Board along with the Speaker of the House. Answer: True 10. Except during economic emergencies, the Rainy Day Fund requires a one-thirds majority vote in each Texas house to appropriate fund money. Answer: False 11. In the regressive system of taxation, the tax rate decreases as income decreases. Answer: False 12. A progressive tax places a higher burden on the poor. Answer: False 13. The regressivity of the Texas sales tax is reduced by the fact that many of the expenses of a financially disadvantaged family are sales tax–exempt. Answer: True 14. Olsen’s Law is a sole proprietorship. The firm is thus exempt from margin tax. Answer: True 15. Utility taxes are based on a company’s gross receipts. Answer: True 16. Increased Medicaid funding accounts for much of the federal increase over the last two decades. Answer: True 17. Licenses, fees, permits, and fines are the largest sources of nontax revenue. Answer: False 18. The lottery revenue increased drastically when the legislators cut down the player’s share and the advertising budget. Answer: False 19. The big three expenditures for the Texas government are criminal justice, public education, and public safety. Answer: False 20. The Department of Aging and Disability Services receives 93% of the federal money from Medicaid. Answer: True Short Answer Questions 1. Why is the balanced budget provision of the Texas Constitution a limitation to the legislature? Answer: The balanced budget provision of the Texas Constitution limits the legislature because it requires state spending to match or be less than projected revenue, preventing deficit spending and necessitating cuts or revenue increases during economic downturns or revenue shortfalls. 2. George is the comptroller of public accounts. Discuss the implication of the balanced budget provision of the Texas constitution on his role. Answer: The balanced budget provision of the Texas Constitution means that George, as comptroller of public accounts, must ensure that state expenditures do not exceed projected revenues. He plays a critical role in monitoring and reporting on the state's fiscal health, enforcing compliance with the balanced budget requirement, and advising on financial decisions to maintain fiscal stability. 3. Differentiate between the Permanent School Fund and the Permanent University Fund. Answer: The Permanent School Fund (PSF) in Texas supports primary and secondary education through investments in land and mineral rights, while the Permanent University Fund (PUF) primarily benefits higher education institutions by distributing income from investments in land and mineral rights. 4. Carl has a garment manufacturing company, and he operates from Texas. In the present financial year, his company has earned a surplus of 40,000 dollars. What percentage of this earned surplus will be paid as franchise tax? Answer: In Texas, Carl's garment manufacturing company will pay a franchise tax of 0.75% on its earned surplus of $40,000. 5. Explain the business and economic development area of Texas government expenditure. Answer: The business and economic development area of Texas government expenditure focuses on initiatives aimed at fostering economic growth, attracting businesses, promoting job creation, supporting small businesses, and enhancing infrastructure to stimulate the state's economy. Essay Questions 1. The Water Conservation Unit is a government agency that needs advise on its budgetary decisions. Explain how it can achieve the same through the Legislative Budget Board? Answer: The Water Conservation Unit can seek budgetary advice from the Legislative Budget Board by presenting its proposed budget and strategic plans. The Board can review these proposals, provide financial analysis, recommend adjustments based on state priorities and fiscal constraints, and assist in navigating the legislative approval process for budgetary allocations. 2. Paul is the Governor of Texas. During the biennial budget meeting, it was found that the state legislature has a deficit of $3 million. Which emergency fund can Paul use to bridge this economic deficit? Describe the fund. Answer: Paul, as Governor of Texas, can utilize the Economic Stabilization Fund (ESF), commonly known as the "Rainy Day Fund," to bridge the $3 million deficit. The ESF is a reserve fund established to stabilize the state's budget during economic downturns or revenue shortfalls. It accumulates revenue from oil and gas taxes and can be accessed with legislative approval to cover budget shortfalls or emergency expenditures. 3. Discuss how the Texas sales tax is regressive in nature. Answer: The Texas sales tax is regressive because it imposes the same percentage rate on goods and services regardless of the purchaser's income level. This means lower-income individuals end up paying a higher proportion of their income in sales taxes compared to higher-income individuals, making it disproportionately burdensome for those with less disposable income. 4. Analyze the positives and negatives associated with the absence of personal income tax. Answer: The absence of a personal income tax in Texas has positives such as attracting businesses and residents seeking lower taxes. However, it creates challenges like heavy reliance on sales and property taxes, potentially impacting equity and revenue stability. 5. Why did legislators cut the Lottery Commission’s advertising budget? What were the consequences? Answer: Legislators cut the Lottery Commission's advertising budget to reduce state spending and address concerns about excessive promotion of gambling. Consequences included potentially lower lottery ticket sales, impacting revenue earmarked for public education and other state programs reliant on lottery funds. Test Bank for Lone Star Politics Paul Benson, David Clinkscale, Anthony Giardino 9780205971220
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