A defendant’s first appearance in court is usually referred to as an arraignment, and typically consists of the Judge notifying the defendant what he or she is charged with, and appointing an attorney if one is necessary.

 The burden of proof in criminal trials is beyond a shadow of a doubt.

A person acts with criminal negligence when they should have been aware of a substantial and unjustifiable risk, but were not.

 In the following fact scenario questions, assume all the facts presented are true and can be successfully proven in court, and that the offenses took place in Texas.  All offenses are based on the labels and elements contained in the current Texas Penal Code.  You may use your copy of the Texas Penal Code and Code of Criminal Procedure.  You may not refer to any other textbook or other source.  This test is 50 multiple choice and true-false questions.  You have 75 minutes (an hour and 15 minutes) to finish.  Once you start the test, you  must finish it. Good luck!

The U.S. Constitution prohibits the enactment of ex post facto criminal laws.

Eric and Bob, two out-of-work musicians, decide to rob the First National Bank of Frostbite, Texas.  Both Eric and Bob decided to take guns with them to the robbery. During the course of the robbery, one of the bank tellers triggers the silent alarm.  As Eric and Bob exit the bank with their loot, various law enforcement officers arrive at the scene, in uniform and in their patrol cars.  Shots are exchanged between the robbers and the lawmen.  Ultimately, Eric and Bob are arrested, but not before the sheriff is wounded and one of his deputies is killed.  During subsequent questioning, Eric admits, “I shot the sheriff, but I didn’t shoot the deputy.”  Bob refuses to give any type of a statement. Further investigation confirms the accuracy of Eric’s statement and determines that Bob’s pistol fired the shot that killed the deputy.  The most serious offense, if any, Bob has committed is:

Which staple did Thoreau not grow on his farm?

Emerson advises anyone who wants to see nature for what it truly is to go into the woods, the “plantations of God” (1108), because there

Which statement best describes the role of diagnostic analytics?

A 9-month-old unvaccinated infant presents with fever, rhinorrhea, and cough for 2 days. The child now has tachypnea, nasal flaring, and retractions with shallow, rapid respirations. On auscultation, diffuse wheezes with a prolonged expiratory phase are heard, along with crackles and rhonchi. The infant appears lethargic and has circumoral cyanosis. A chest radiograph shows hyperinflation with mild interstitial infiltrates. Which of the following is the most likely diagnosis?