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Flashcards in Chapter 2 Deck (13):
1

What is the Burden of proof in the Penal Code?

Proof Beyond a Reasonable Doubt. All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt. The fact that he has been arrested, confined, or indicted for, or otherwise charged with, the offense gives rise to no interference of guilt at his trail.
PC 2.01

2

How are exceptions to an offense in the Texas Penal Code Labeled?

They begin with the phrase: "It is an exception to the application of . . . ."
PC 2.02 (a)

3

Who must negate an exception to an offense?

The Prosecuting attorney must negate the existence of an exception in the accusation charging commission of the offense and prove beyond a reasonable doubt that the defendant or defendant's conduct does not fall within the exception.
PC 2.02 (b)

4

How are defense to prosecutions labeled in this code?

A defense to prosecution for an offense in this code is so labeled by the phrase: "It is a defense to prosecution . . . ."
PC 2.03 (a)

5

Is the Prosecuting attorney required to negate the defense to prosecution?

No, The prosecuting attorney is not required to negate the existence of a defense in the accusation charging commission of the offense.
PC 2.03 (b)

6

Are all Defense's submitted to the jury for all charges?

No, The issue of the existence of a defense is not submitted to the jury unless evidence is admitted supporting the defense.
PC 2.03 ?

7

If the issue of the existence of a defense is submitted to the jury, what is burden of proof charged to the jury?

If the issue of the existence of a defense is submitted to the jury, the court shall charge that a reasonable doubt on the issue requires that the defendant be acquitted.
PC 2.03 (d)

8

How are Affirmative Defenses labeled in the Penal Code?

A affirmative defense in the Penal Code is labeled by the phrase: "It is an affirmative defense to prosecution ."
PC 2.04 (a)

9

is the Prosecuting attorney required to negate the existence of an affirmative defense?

No, The prosecuting attorney is not required to negate the existence of an affirmative defense in the accusation charging commission of the offense.
PC 2.04 (b)

10

Is the existence of an affirmative defense submitted to the Jury?

The issue of the existence of an affirmative defense is not submitted to the jury unless evidence is admitted supporting the defense.
PC 2.04 (c)

11

if the issue of the existence of an affirmative defense is submitted to the jury, what is the Burden of Proof for the jury?

If the issue of the existence of an affirmative defense is
submitted to the jury, the court shall charge that the defendant must
prove the affirmative defense by a preponderance of evidence.
PC 2.04 (d)

12

what is the Burden of proof for Presumptions to exist or not exist?

Beyond a reasonable doubt
PC 2.05

13

once a Presumption is found to be true for an element of the offense what else must the prosecution prove?

All other elements of the offense, beyond a reasonable doubt.
PC 2.05