Exam 4 Flashcards
Person whose criminal responsibilty is at issue in a criminal action is known as what
Actor
Recklace ( Whe.. some….i.aw….but con…….. disr……)
When he is awear of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur.
Intentional
A person acts intentionally or whith intent with respect to the nature if his conduct or to a result of his conductwhen it is his conscious objective or desire to engage in the conduct or cause the result
Omission ( A Fai….t.a..whe.th.la.impos..a le…du..t.a..)
A failure to act when the law imposes a legal duty to act
Coercion ( A thr….how….commun…..)
A threat however communicated
What are the parts of the elements of the offense ( Forbi…. conduc.. requi….culpabil…., requ…. resu.. )
Forbidden conduct, required culpability, require result, negation of any exception to the offense
Voluntarily
A person commits an offense only if he voluntarily engages in conduct including an act of omission or possession
Unlawful. ( both cr…. and ci…..)
Means criminal or tort ( CIVIL) or both and includes what would be criminal or tort but for a defense not amounting to justificationon privilage
What is the highest classfication of misdemeanor
Class A
Felony ( A.Offe….des…….b.l..or punishab….b. de….or conf……..)
An offense so designated by law or punishable by death or confinement ( Capitial , first degree, second degree, third degree and state jail )
Burden of proof in a criminal case in Texas. ( A per….i.preu….)
All persons are presumed to be innocent and no person may be convicted of an offence unless each element of the offense is provided beyond a resonable doubt.
Knowing
A person acts knowingly or with respect to the nature of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.
Bodily Injury. (Phy…pa..,ill….o.a..impairm…..of)
Physical pain, Illness or any impairment of physical condition
Serious bodily injury ( Inj….th..cau….dea.., crea…..subs……ris.o.de….,casues serious…..)
Injury that causes death , creates substantial risk of death, causes serious permnant disfigurment.
Misdemeanor ( An Offen..so designa…..by l…or punish….b.fi..,by confineme…i.ja…. class . . and . )
Means an offense so designated by law or punishable by fine or confinement in jail. Class A,B and C
Consent ( As…i.fa.., expre..o.app…..)
Assent in fact, whether express or apparent
Benefit ( Any….resonab….regard…a.econ….g…)
Anything reasonably regarded as economic gain or advantage including benefit to any other person in whose welfare th beneficiary is interested.
Deadly weapon (Any…..manif…..ma..o.adap….f..th.purpo..o.inflic…..de….or)
Anything manifested made or adapted for the purpose of inflicting death or serious bodily injury.
Is intoxication a defense to prosecution ?
No
Conduct ( A.ac.o.omiss…an.i..accompan…..me…..sta..)
An act or omission and its accompanying mental state
Criminal negligence ( Negl…..wi..res….to circums…..surroun….. hi.cond….)
A perosn acts with criminal negligence or is criminally negligent with respect to circumstances surrounding his conductof the result of his conduct.
Highest level of culpability
Intentionally
Possession (Actu..car., custod..,contr..or manag….)
Actual care, Custody, Control or management
What are the purposes of the penal code ( To establi…a sys….of prohibiti….., penalt… and correcti….meas….)
To establish a system of prohibitions, penalties and correctional measures.