Penal Code - Defenses to Criminal Responsibility Flashcards
Insanity Defense?
Affirmative defense (proven by preponderance of evidence) that actor did not know that his conduct was wrong due to severe mental disease or defect. Does NOT include anti-social/criminal personality disorders.
Mistake of Fact?
It is a DEFENSE that actor through a mistake formed a reasonable belief that negated the kind of culpability required for the offense. A lesser charge can still be brought if the required lesser culpability can be proven.
Mistake of Law?
Ignorance of the law is NO excuse nor a defense. But, If the actor believed the conduct did not constitute a crime based upon a reliance upon an official statement from the agency with oversight or a written opinion in a court record. A lesser charge can still be brought.
Intoxication?
Voluntary Intoxication NOT a defense. Evidence of temporary insanity due to intoxication can be introduced to mitigate punishment.
Duress?
An affirmative defense that the actor engaged in the conduct out of fear of death or serious bodily injury to himself or another. For misdemeanors, the use or threat of force is sufficient to induce duress. The force must be such that a person of reasonable firmness could not resist it. If the defendant PUTS himself in the situation, the defense is unavailable. For felonies, must be threat of death or serious bodily injury.
Entrapment?
It is a defense that a person committed a crime because he was induced to do so by a law enforcement agent using persuasion. Conduct merely affording the opportunity does not constitute entrapment. Law enforcement personnel also includes people acting with instructions from state or federal officers (ie: informants)
What is intoxication?
Disturbance of the mental or physical capacity resulting from the introduction of any substance into the body.
Age
A person may not be prosecuted for an offense while younger than 15 except: Perjury (if they understood oath), transportation code violations, city ordinance violations, Class C misdemeanors, Capital or 1st Degree felony/agg. controlled substance felony. No death penalty for offense committed while younger than 18. No prosecution for Class-C if under 10 years old except curfew, presumed that age 10-15 have no criminal capacity.
Child w/Mental Illness, Disability, or Lack of Capacity.
Municipal court can dismiss case of child under 17 if lacks capacity to understand wrongfulness. Can use juvenile insanity defense under the Family Code.
