Penal Code Ch. 2 Flashcards
(7 cards)
What does PC §2.01 establish regarding the burden of proof in criminal cases?
The State of Texas has the burden to prove the defendant’s guilt beyond a reasonable doubt. This standard is the highest in law and protects the presumption of innocence.
Is ‘reasonable doubt’ defined in the Penal Code?
No, the Texas Penal Code does not define ‘reasonable doubt’. It is interpreted by courts and juries based on the context of each case.
How does the Penal Code define an ‘exception’ and who must prove it?
An ‘exception’ is a statutory exclusion from criminal liability. The State must both plead (include in the charge) and prove beyond a reasonable doubt that the exception does not apply.
What is a ‘defense’ under the Penal Code and how is it handled in court?
A defense is a legal reason why the defendant’s conduct is justified or excused. The defendant must produce evidence to raise the issue, then the State must disprove it beyond a reasonable doubt.
Does a defense have to be included in the indictment?
No, defenses are not included in the indictment. They are raised by the defense during trial or motions.
What is an ‘affirmative defense’ and who has the burden of proof?
An affirmative defense admits the conduct but claims justification under specific circumstances. The defendant has the burden to prove it by a preponderance of the evidence (more likely than not).
What is the difference between a defense and an affirmative defense?
A defense shifts the burden to the State once raised and must be disproved beyond a reasonable doubt. An affirmative defense must be proven by the defendant using a lower standard: preponderance of the evidence.
