Penal Code - Test 1 Flashcards
Chapter 1 - 15
PC Sec. 1.04. TERRITORIAL JURISDICTION
(a) This state has jurisdiction over an offense that a person commits by his own conduct or the conduct of another for which he is criminally responsible if:
(1) either the conduct or a result that is EEO occurs inside this state;
(2) …outside this state constitutes an attempt to commit an offense inside this state;
(3) …outside this state constitutes a conspiracy to commit an offense inside this state, and an act in furtherance of the conspiracy occurs inside this state; or
(4) …inside this state constitutes an attempt, solicitation, or conspiracy to commit, or establishes criminal responsibility for the commission of, an offense in another jurisdiction that is also an offense under the laws of this state.
(b) If the offense is criminal homicide, a “result” is either the physical impact causing death or the death itself. If the body of a criminal homicide victim is found in this state, it is presumed that the death occurred in this state. If death alone is the basis for jurisdiction, it is a defense to the exercise of jurisdiction by this state that the conduct that constitutes the offense is not made criminal in the jurisdiction where the conduct occurred.
(c) An offense based on an omission to perform a duty imposed on an actor by a statute of this state is committed inside this state regardless of the location of the actor at the time of the offense.
(d) This state includes the land and water and the air space above the land and water over which this state has power to define offenses.
PC Sec. 1.05. CONSTRUCTION OF CODE.
(a) The rule that a penal statute is to be strictly construed does not apply to this code. The provisions of this code shall be construed according to the fair import of their terms, to promote justice and effect the objectives of the code.
Spirit of the Law
PC Sec. 1.06. COMPUTATION OF AGE.
A person attains a specified age on the day of the anniversary of his ________.
birthdate
Note: ages are very important!
PC Exam 1 Question
PC Sec. 2.01. PROOF BEYOND A REASONABLE DOUBT.
All persons are presumed to be ________ 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 inference of _______ at his trial.
innocent
guilt
Beyond Reasonable Doubt (BRD): 100% moral certainty
PC Exam 1 Question
PC Sec. 2.02. EXCEPTION.
(b) The prosecuting attorney must negate the existence of an __________ 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.
exception
Exceptions affect arrest authority
PC Sec. 2.04. AFFIRMATIVE DEFENSE.
(b) The prosecuting attorney is not required to negate the existence of an affirmative defense in the accusation charging commission of the offense.
(d) 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
https://www.law.cornell.edu/wex/preponderance_of_the_evidence
BRD vs POE
Beyond a Reasonable Doubt
- 100% moral certainty
- standard in criminal cases
- burden of proof is on prosecution (state)
Preponderance Of The Evidence
- 51% moral certainty
- standard in civil cases
- burden of proof is on plaintiff (individual)
PC Exam 1 Question
PC Sec. 3.01. MULTIPLE PROSECUTIONS DEFINITION
In this chapter, “criminal episode” means the commission of ________ offenses, regardless of whether the harm is directed toward or inflicted upon more than one person or item of property, under the following circumstances:
(1) the offenses are committed pursuant to the same…. or two or more transactions that are connected or constitute a _______ scheme or plan; or
(2) the offenses are the repeated commission of the same or similar offenses.
two or more
common
PC Sec. 3.02. CONSOLIDATION AND JOINDER OF PROSECUTIONS
(a) A defendant may be prosecuted in a single criminal action for ____ offenses arising out of the ______ criminal episode.
all
same
Useful for property crimes because it’s based on the $ of the property. Consolidated charges = higher amount = charges for a higher offense
PC Sec. 3.03. SENTENCES FOR OFFENSES ARISING OUT OF SAME CRIMINAL EPISODE
(a) When the accused is found guilty of more than one offense arising out of the same criminal episode prosecuted in a single criminal action, a sentence for each offense for which he has been found guilty shall… except Subsection (b)… the sentences shall run _________.
concurrently
All sentencing runs at the same time. If a defendant is sentences to 5, 10, 15 years for 3 crimes, he’ll serve 15 years only
Concurrently vs Consecutively
Concurrently
All sentencing runs at the same time. If a defendant is sentences to 5, 10, 15 years for 3 crimes, he’ll serve 15 years.
Consecutively
All sentencing runs one after another. If a defendant is sentences to 5, 10, 15 years for 3 crimes, he’ll serve 30 years (5+10+15)
PC Sec. 3.04. SEVERANCE
(a) Whenever two or more offenses have been consolidated or joined for trial under Section 3.02, the defendant shall have a right to a __________ of the offenses.
severance
PC Exam 1 Question
PC Sec. 6.01. REQUIREMENT OF VOLUNTARY ACT OR OMISSION.
(a) A person commits an offense only if he voluntarily engages in conduct, including an act, an omission, or possession.
(b) Possession is a voluntary act if the possessor knowingly _________ the thing possessed or is aware of his control of the thing for a sufficient time to permit him to _________ his control.
obtains or receives
terminate
PC Exam 1 Question
PC Sec. 6.02. REQUIREMENT OF CULPABILITY.
(d) Culpable mental states are classified according to relative degrees, from ________:
- intentional;
- knowing;
- reckless;
- criminal negligence.
(e) Proof of a higher degree of culpability than that charged constitutes proof of the culpability charged (proof of higher = proof of lower)
highest to lowest
PC Exam 1 Question
PC Sec. 6.03. DEFINITIONS OF CULPABLE MENTAL STATES.
(a) A person acts intentionally… when it is his __________objective or desire to engage in the conduct or cause the result.
(b) A person acts knowingly… when he is __________of the nature of his conduct or that the circumstances exist.
(c) A person acts recklessly (step above accident).. when he is _________a substantial and unjustifiable risk (gross deviation from the standard of care)that the circumstances exist or the result will occur.
(d) A person acts with criminal negligence… when he _________of a substantial and unjustifiable risk (gross deviation from the standard of care) that the circumstances exist or the result will occur.
a) conscious
b) aware
c) aware of but consciously disregards
d) ought to be aware
TCOLE and other exams. Recognize by examples/scenarios
PC Sec. 6.04. CAUSATION: CONDUCT AND RESULTS.
(a) A person is ______________ if the result would not have occurred but for his conduct, operating either alone or concurrently with another cause, unless the concurrent cause was clearly sufficient to produce the result and the conduct of the actor clearly insufficient.
criminally responsible
PC Exam 1 Question
PC Sec. 7.01. PARTIES TO OFFENSES.
(b) _____ party to an offense may be charged with commission of the offense.
(c) All traditional distinctions between accomplices and principals are ________….
Each
abolished
E.g. A gunman robs a bank. Both the gunman and the get-away driver will be charged for the same offense.
PC Sec. 7.02. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER.
(a) A person is criminally responsible for an offense committed by the conduct of another if:
(1) acting with the kind of culpability required for the offense, he causes or aids an innocent or nonresponsible person to engage in conduct prohibited by the definition of the offense (provide an example)
(2) acting with intent to promote or assist the commission of the offense, he solicits, encourages, directs, aids, or attempts to aid the other person to commit the offense; (provide an example)
(3) having a legal duty to prevent commission of the offense and acting with intent to promote or assist its commission, he fails to make a reasonable effort to prevent commission of the offense. (provide an example)
- Being coerced to rob a bank.
- Parents teach kids to shoplift.
- Cashier allows (looks another way) a “friend” to steal from the register.
PC Exam 1 Question
PC CHAPTER 8. GENERAL DEFENSES TO CRIMINAL RESPONSIBILITY
List 6 defenses
Sec. 8.01. INSANITY
Sec. 8.02. MISTAKE OF FACT
Sec. 8.03. MISTAKE OF LAW
Sec. 8.04. INTOXICATION
Sec. 8.05. DURESS
Sec. 8.06. ENTRAPMENT
PC Sec. 8.01. INSANITY
(a) 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.
(b) The term “mental disease or defect” does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.
*provide an example of successful insanity defense
Postpartum Psychosis
https://www.postpartum.net/learn-more/postpartum-psychosis/
Proof of instanity requires a combination of medical, lega, and social considerations.
PC Sec. 8.02. MISTAKE OF FACT.
(a) It is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact (belief negates culpability) if his mistaken belief _______the kind of culpability required for commission of the offense.
(b) …he may nevertheless be convicted of any lesser included offense of which he would be guilty if the fact were as he believed.
negated
Example: a bartender serves alcohol to a minor with a “authentic/valid” ID.
PC Sec. 8.03. MISTAKE OF LAW.
(a) It is ________to prosecution that the actor was ignorant of the provisions of any law after the law has taken effect.
(b) It is an affirmative defense to prosecution that the actor reasonably believed the conduct charged did not constitute a crime and that he acted in reasonable reliance upon… an official statement or a written interpretation…
(c) …he may nevertheless be convicted of a lesser included offense of which he would be guilty if the law were as he believed.
no defense
Example: drinking age change.
PC Sec. 8.04. INTOXICATION
(a) Voluntary intoxication does ____ constitute a defense…
(b) Evidence of temporary insanity caused by intoxication _____ be introduced by the actor in mitigation of the penalty…
(d) For purposes of this section “intoxication” means disturbance of mental or physical capacity resulting from the introduction of ____substance into the body.
not
may
any
Any substance: alcohol (most common), OTC, even excess H2O
PC Sec. 8.05. DURESS
(a) It is an affirmative defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by _____ of imminent death or serious bodily injury to himself or another.
(b) …by force or threat of force.
(c) Compulsion exists only if… would render a person of _________ incapable of resisting the pressure.
(d) No defense… if the actor intentionally, knowingly, or recklessly placed himself in a situation in which it was probable that he would be subjected to compulsion (provide example)
(e) It is no defense that a person acted at the command or persuasion of his _______…
a) threat
c) reasonable firmness
d) a gang member decides to pull out of the gang
e) spouse
