Chapter 8 General Defenses to Criminal Respnsibility Flashcards Preview

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Flashcards in Chapter 8 General Defenses to Criminal Respnsibility Deck (19):
1

What type of defense is the Insanity defense?

it is an AFFIRMATIVE defense.
PC 8.01 a

2

What is the Insanity Defense?

It is an affirmative defense to prosecution that, at the time of the conduct charged, the actor, as a result of severe mental disease or defect, did not know that his conduct was wrong.
PC 8.01 a

3

What does the Term "mental disease or defect" not include in the Insanity Defense?

The term "mental disease or defect" does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.
PC 8.01 b

4

What Defense is it that if the actor through mistake formed a reasonable belief regarding the facts. and this belief negated the culpability required for the offense.

Mistake of Fact.
PC 8.02 a

5

If an Actor formed a Mistake of Fact does that preclude him from any other charge?

No, he may be convicted any lesser included charge.
PC 8.02 b

6

Does Voluntary intoxication constitute a defense to the commission of a crime?

No.
PC 8.04

7

if the Offense is a Felony, does the threat of Bodily Force enough for the duress defense?

No, For a felony the force must be by threat of imminent death or serious bodily injury to himself or another. For a Misdameanor it is enough.
PC 8.05 A

8

Does the command or persuasion of a spouse alone constitute duress?

No. unless he acted under compulsion that would establish a defense under Duress.
PC 8.05 E

9

Does merely affording a person an opportunity to commit an offense constitute Entrapment?

No, one must be persuaded or other means likely to cause a person to commit the offense. just affording him the opportunity does not constitute entrapment.
PC 8.06 A

10

A person my not be prosecuted for or convicted of any offense that the person committed when younger that what age except in certain circumstances?

15 years of age.
PC 8.07

11

A person under 15 years of age may be prosecuted for perjury or aggravated perjury when what?

when it appears by proof that the person had sufficient discretion to understand the nature and obligation of an oath.
PC 8.07 (A)(1)

12

Can a person under 15 years of age be convicted of a traffic violation of the transportation code?

yes except for conduct for which the person convicted may be sentenced to imprisonment or confinement in jail.
PC 8.07 (A) (2)

13

Can a person under 15 years of age be convicted of a violation of a motor vehicle traffic ordinance of an incorporated city or town in this state?

Yes.
PC 8.07 (A) (3)

14

Can a person under 15 years of be convicted of a penal ordinance of a political subdivision?

yes
PC 8.07 (A) (5)

15

When can a person under 15 years of age be convicted of a misdemeanor?

When punishable by fine only.
PC 8.07 (A) (4)

16

When my a person 14 years of age or older my be convicted under the penal code?

When it is a Capitol Felony, an aggravated controlled substance Felony, or a felony in the first degree for which the person is transferred to the court under the family code for prosecution.
PC 8.07 (A) (6)

17

May a person, in any case by punished by death for an offense committed while the person was younger that 18 years old.

No
PC 8.07(C)

18

At what age may a person not be charged with a Felony Offense from the Penal Code?

10 years old
PC 8.07 D

19

Other than a a Curfew Violation what is presumed for all juveniles between 10 and 15 years of age?

They are incapable of committing an offense described.
PC 8.07 E