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.
Criminal episode ( The co…. of two or mo.. of….. )
The commission of two or more offenses, regardless of whether the harm is directed toward or inflicted upon more than one person or item of property under the following circumstances. The offenses are committed pursuant to the same transaction or prusuant to two or more. The offences are the repeated commission of the same or similar offense.
what are the purposes of the penal code: ( To Esta….. a sys….. o. Pen….. a.. corre….. m……)
The general purposes of this code are to establish a system of prohibitions, penalties, and correctional measures to deal with conduct that unjustifiably and inexcusably causes or threatens harm to those individual or public interests for which state protection is appropriate.
PC 1.07- a person whose criminal responsibility is at issue in a criminal action is known as what:
Actor
PC 1.07- Bodily injury definition ( Physi…. pa.., ill…..or a.. impair….of phy…… cond…..)
physical pain, illness, or any impairment of physical condition.
PC 1.07- Benefit definition
Econ….
anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested
Conduct definition ( An a.. or omiss…. and i… accompan….men….sta..)
an act or omission and its accompanying mental state.
• PC 1.07- felony definition ( Punish…..by de.. or con…….)
an offense so designated by law or punishable by death or confinement in a penitentiary.
• PC 1.07- possession definition
Actu.. ca.. cust… con…. or mana…..
actual care, custody, control, or management.
• PC 1.07- Serious bodily injury
the bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
• PC 2.01- burden of proof in a criminal case in Texas
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 inference of guilt at his trial.
• PC 1.07- misdemeanor definition
punishable be fi… or con…..
An offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail.
• PC 6.03- Criminal negligence definition
A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint
• PC 7.02- what is a person guilty of if in an attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators
all conspirators are guilty of the felony actually committed, though having no intent to commit it, if the offense was committed in furtherance of the unlawful purpose and was one that should have been anticipated as a result of the carrying out of the conspiracy.
• PC 49.01- Intoxication definition
not ha… the nor….us. Of men… or phy…. facuilt….
A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or(B) having an alcohol concentration of 0.08 or more
Entrapment
Defense to prosecution that the actor engaged in the conduct charged because he was induced to do so be a lw enforcement agent. ( Tricking someone into committing a crime in order to secure there prosecution )
What offense designated as a misdemeanor without specification as to punishment category is what level of misdemeanor ?
Class C misdemeanor
What is the highest level of felony
Capitol Felony
Elements of public intoxication. ( A per…ma. endan….th.per….o.ano….)
If the person appears in a public place while intoxicated to the degree that the person may endanger the person or another
Is proof of mental culpable mental state required for conviction of an offense under which chapter ?
Proof of culpable mental state is not required for conviction of an offense under chapter “ Public intoxication”
PC 29.02- Robbery definition ( Intention….. or knowi….. threa…. or pl… fe.. of imm….. bodi… injur…. or de.. )
(1) intentionally, knowingly, or recklessly causes bodily injury to another; or
(2) intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.
(b) An offense under this section is a felony of the second degree.
PC 30.02- burglary definition ( Ente… habi….. or a buil….. not op… t. th. pub,,,, With in…. to com…. a felo.., the.. or as….)
without the effective consent of the owner, the person:
(1) enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault; or
(2) remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or
(3) enters a building or habitation and commits or attempts to commit a felony, theft, or an assault.
Family Code 54.02- Youngest a person in Texas can be certified as an adult
10 Years old
PC 31.07- Unauthorized Use of a Motor Vehicle definition ( Sta.. J…. felo…..) ( Bo.. , air…. or moto. Pro…… veh…. )
(a) A person commits an offense if he intentionally or knowingly operates another’s boat, airplane, or motor-propelled vehicle without the effective consent of the owner.
(b) An offense under this section is a state jail felony.
PC 15.01- Criminal attempt definition. (A. act amo…… to mo.. th.. m… prep……..) Trys but fails
With specific intent to commit an offense, he does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended.
PC 15.02- Criminal Conspiracy definition. ( H. agr… wi.. on.o.mo..per…..that the. agr.. to condu.. an off….)
(1) He agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense; and
(2) he or one or more of them performs an overt act in pursuance of the agreement.
PC 29.03- primary factor that is the main difference between robbery and aggravated robbery ( Causes ser…. bodi… inju… ) ( uses wea….. )
(1) causes serious bodily injury to another;
(2) uses or exhibits a deadly weapon; or
(3) causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury or death, if the other person is:
(A) 65 years of age or older; or
(B) a disabled person.
(b) An offense under this section is a felony of the first degree.
(c) In this section, “disabled person” means an individual with a mental, physical, or developmental disability who is substantially unable to protect himself from harm.
PC 1.06- Computation of age definition ( A pers.. att…. a specif….. a.. on th. da. of th. an……. o. h.. bir……
A person attains a specified age on the day of the anniversary of his birthdate.
An instrument that is specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, and includes but is not limited to the following: Bla……, Nigh……,Ma..,Toma…..)
(A) blackjack;
(B) nightstick;
(C) mace;
(D) tomahawk.
• PC 46.01- Firearm definition
Any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use.
• PC 46.01- short barrel firearm definition ( Rifle less than 1.) ( Shotgun bar… less than 1. Or any less then 2. In if modified )
a rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches, or any weapon made from a shotgun or rifle if, as altered, it has an overall length of less than 26 inches.
PC 46.06- Is it a violation of the law to sale a firearm to someone who is under an active protective order or intoxicated?
Yes
PC 31.03- what is the monetary range for a class B misdemeanor?
$100 - $750
PC 29.03- Aggravated Robbery elements of the offense
(1) causes serious bodily injury to another;
(2) uses or exhibits a deadly weapon; or
(3) causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury or death, if the other person is:
(A) 65 years of age or older; or
(B) a disabled person.
(b) An offense under this section is a felony of the first degree.
PC 32.31(B)(1)- credit card abuse elements of an offense
with intent to obtain a benefit fraudulently, he presents or uses a credit card or debit card with knowledge that:
(A) the card, whether or not expired, has not been issued to him and is not used with the effective consent of the cardholder; or
(B) the card has expired or has been revoked or cancelled;
PC 21.11- Indecency with a child definition and elements of offense
with a child younger than 17 years of age, whether the child is of the same or opposite sex and regardless of whether the person knows the age of the child at the time of the offense, the person:
(1) engages in sexual contact with the child or causes the child to engage in sexual contact; or
(2) with intent to arouse or gratify the sexual desire of any person:
(A) exposes the person’s anus or any part of the person’s genitals, knowing the child is present; or
(B) causes the child to expose the child’s anus or any part of the child’s genitals.
PC 42.11- Is urinating in public disorderly conduct?
Yes
PC 36.06- what grade of offense is retaliation?
3rd degree felony
PC 38.03- Resisting arrest, search, or transport definition
he intentionally prevents or obstructs a person he knows is a peace officer or a person acting in a peace officer’s presence and at his direction from effecting an arrest, search, or transportation of the actor or another by using force against the peace officer or another.
PC 38.034- Evading arrest or detention definition
A person commits an offense if he intentionally flees from a peace officer who lawfully arrested or detained him
PC 38.14- Taking or attempting to take weapon from peace officer definition and elements of offense: (a fel…. of t.. th… deg…, if the def…… t…. a w……) ( state jail felony, if the defe…… att…….. to ta.. a w…… )
if the person intentionally or knowingly and with force takes or attempts to take from a peace officer, federal special investigator, employee or official of a correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer the officer’s, investigator’s, employee’s, or official’s firearm, nightstick, stun gun, or personal protection chemical dispensing device with the intention of harming the officer, investigator, employee, or official or a third person.
(1) a felony of the third degree, if the defendant took a weapon described by Subsection (b) from an officer, investigator, employee, or official described by that subsection; and
(2) a state jail felony, if the defendant attempted to take a weapon described by Subsection (b) from an officer, investigator, employee, or official described by that subsection
PC 39.03- is it an offense for a public servant to intentionally subject another to sexual harassment?
Yes. A public servant acting under color of his office or employment commits an offense if he:
(1) intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful;
(2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful; or
(3) intentionally subjects another to sexual harassment. Class A Misdemeanor
Article 2.13- Duties and powers of peace officers
(a) It is the duty of every peace officer to preserve the peace within the officer’s jurisdiction. To effect this purpose, the officer shall use all lawful means.
(b) The officer shall:
(1) in every case authorized by the provisions of this Code, interfere without warrant to prevent or suppress crime;
(2) execute all lawful process issued to the officer by any magistrate or court;
(3) give notice to some magistrate of all offenses committed within the officer’s jurisdiction, where the officer has good reason to believe there has been a violation of the penal law; and
(4) arrest offenders without warrant in every case where the officer is authorized by law, in order that they may be taken before the proper magistrate or court and be tried.
Article 5.04-Duties of peace officers relating to family violence
(a) The primary duties of a peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence are to protect any potential victim of family violence, enforce the law of this state, enforce a protective order from another jurisdiction as provided by Chapter 88, Family Code, and make lawful arrests of violators.
(a-1) A peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence shall determine whether the address of the persons involved in the allegation or call matches the address of a current licensed foster home or verified agency foster home listed in the Texas Crime Information Center.
(b) A peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence shall advise any possible adult victim of all reasonable means to prevent further family violence, including giving written notice of a victim’s legal rights and remedies and of the availability of shelter or other community services for family violence victims
Article 5.045- officer is not civilly liable for wrongful appropriation of personal property by the victim
(a) In the discretion of a peace officer, the officer may stay with a victim of family violence to protect the victim and allow the victim to take the personal property of the victim or of a child in the care of the victim to a place of safety in an orderly manner.
(b) A peace officer who provides assistance under Subsection (a) of this article is not:
(1) civilly liable for an act or omission of the officer that arises in connection with providing the assistance or determining whether to provide the assistance; or
(2) civilly or criminally liable for the wrongful appropriation of any personal property by the victim.
Article 14.01- for what offenses can a peace officer arrest without a warrant in their presence or view?
(a) A peace officer or any other person, may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against the public peace.
(b) A peace officer may arrest an offender without a warrant for any offense committed in his presence or within his view.
Article 5.05- is a peace officer investigating family violence required to make a report
Yes
Article 14.03- What may an officer arrest a person without a warrant in suspicious places and circumstances for?
persons found in suspicious places and under circumstances which reasonably show that such persons have been guilty of some felony, violation of Title 9, Chapter 42, Penal Code, breach of the peace, or offense under Section 49.02, Penal Code , or threaten, or are about to commit some offense against the laws;
Article 14.031- What may a peace officer do with a person arrested for public intoxication?
(A) is released to the care of an adult who agrees to assume responsibility for the individual; or
(B) verbally consents to voluntary treatment for chemical dependency in a program in a treatment facility licensed and approved by the Texas Commission on Alcohol and Drug Abuse, and the program admits the individual for treatment.
Black’s Law-Affidavit definition
A written or printed declaration or statement of facts, made voluntarily, and confirmed by the oath or affirmation of the party making it, taken before an officer having authority to administer such oath. … An affidavit is a written declaration under oath, made without notice to the adverse party.
BPOC 7.1- what is a consensual encounter between an officer and a person on the street?
Peace officers are free to approach and ask questions of persons so long as officers recognize that those persons can refuse to identify themselves, refuse to cooperate, refuse to answer questions, and simply walk away. Florida v. Royer, 460 U.S. 491 (1983);
Terry v Ohio- what is a frisk used to detect?
Weapons
Article 11.22- Restraint definition
the kind of control which one person exercises over another, not to confine him within certain limits, but to subject him to the general authority and power of the person claiming such right.
Which US Supreme Court case established the exclusionary rule? M .VS. O
Mapp v. Ohio
Which US Supreme Court case established the fruit of the poisonous tree doctrine? (Silver…… lumb… co VS )
Silverthorne Lumber Co. v. United States
Which US Supreme Court case affirmed search incident to arrest?
Terry v. Ohio
Can an officer with mere suspicion approach someone and ask questions?
Yes
What is required to search a vehicle in the US v Carroll court case?
- there must be probable cause to believe that evidence of a crime or contraband is located in the vehicle to be searched.
- the vehicle be “readily mobile.”
