GENERAL DEFENSES TO CRIMINAL RESPONSIBILITY Flashcards
(a) It is a _____ to prosecution that the actor through _____ formed a _____ belief about a matter of fact if his mistaken belief negated the kind of culpability required for commission of the offense.
(b) Although an actor’s _____ of fact may constitute a defense to the offense charged, he may nevertheless be convicted of any lesser included offense of which he would be guilty if the fact were as he believed.
defense; mistake; reasonable; mistake
_____. (a) It is an _____ 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.
INSANITY; affirmative
(b) It is an affirmative defense to prosecution that the actor _____ believed the conduct charged _____ constitute a crime and that he acted in reasonable reliance upon:
(1) an official _____ of the law contained in a written order or grant of permission by an administrative agency charged by law with responsibility for interpreting the law in question; or
(2) a written _____ of the law contained in an opinion of a court of record or made by a public official charged by law with responsibility for interpreting the law in question.
reasonably; did not; statement; interpretation
(a) _____ intoxication _____ constitute a defense to the commission of crime.
(b) Evidence of temporary _____ caused by _____ may be introduced by the actor in mitigation of the penalty attached to the offense for which he is being tried.
(c) When temporary _____ is relied upon as a defense and the evidence tends to show that such insanity was caused by intoxication, the court shall charge the jury in accordance with the provisions of this section.
Voluntary; does not; insanity; intoxication; insanity
DURESS. (a) It is an _____ to prosecution that the actor engaged in the proscribed conduct because he was _____ to do so by threat of imminent death or serious bodily injury to himself or another.
affirmative defense; compelled
(b) In a prosecution for an offense that _____ constitute a _____, it is an affirmative defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by force or threat of force.
does not; felony
(c) _____ within the meaning of this section exists only if the force or threat of force would render a person of reasonable firmness incapable of _____ the pressure.
Compulsion; resisting
(d) The defense provided by this section is _____ if the actor intentionally, knowingly, or recklessly _____ himself in a situation in which it was probable that he would be subjected to _____.
unavailable; placed; compulsion
(e) It is no defense that a person acted at the command or persuasion of his _____, unless he acted under compulsion that would establish a defense under this section.
spouse
(a) It is a defense to prosecution that the actor engaged in the conduct charged because he was _____ to do so by a _____ using persuasion or other means likely to cause persons to commit the offense. Conduct _____ affording a person an opportunity to commit an offense does not constitute _____.
induced; law enforcement agent; merely; entrapment
(a) A person _____ be prosecuted for or convicted of any offense that the person committed when younger than ___ years of age except:
(1) _____ and aggravated perjury when it appears by proof that the person had sufficient discretion to understand the nature and obligation of an oath;
(2) a violation of a penal statute cognizable under Chapter 729, Transportation Code (operation of motor vehicle by minor), except for conduct for which the person convicted may be sentenced to imprisonment or confinement in jail;
(3) a violation of a motor vehicle traffic _____ of an incorporated city or town in this state;
(4) a misdemeanor punishable by _____;
(5) a violation of a penal _____ of a political subdivision;
(6) a violation of a penal statute that is, or is a lesser included offense of, a capital felony, an aggravated controlled substance felony, or a felony of the first degree for which the person is transferred to the court under Section 54.02, Family Code, for prosecution if the person committed the offense when 14 years of age or older; or
(7) a capital felony or an offense under Section 19.02 (homicide)
may not; 15; perjury; ordinance; fine only; ordinance
(b) Unless the juvenile court waives jurisdiction, and certifies the individual for criminal prosecution or the juvenile court has previously waived jurisdiction under that section and certified the individual for criminal prosecution, a person _____ be prosecuted for or convicted of any offense committed before reaching _____ years of age except an offense described by Subsections (a)(1)-(5).
may not; 17
(c) No person _____, in any _____, be punished by _____ for an offense committed while the person was younger than _____ years.
may; case; death; 18
